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August 22, 2019


See EP-B-2666871.

Also CA-C-2815869.

The outcome in the US is now seriously out of step with that in other countries/regions. Perhaps some people in the US judicial system have TRIPPED up somewhere (Art 27, TRIPS).

Mr. Cole,

I invite you to sketch out in more detail the notion that the US is NOT TRIPS compliant.

Please keep in mind and account for each of 1) the various provisions within TRIPS for Sovereign-specific latitude, 2) any lack of definitions for terms (such as "technical"), and 3) the fact that at least for the US Sovereign, treaties like TRIPS are NOT self-enacting into the law of the Sovereign.

I am genuinely interested in having these (potential) points of distinction clearly understood.

Hopefully a posting or paper next month will deal with this in detail.

Excellent - looking forward to it.

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