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« BASF Plant Science, LP v. Commonwealth Scientific and Industrial Research Organisation (Fed. Cir. 2022) | Main | UPC Masterclass »

April 28, 2022

Comments

Would t be overly pessimistic to rephrase the warning at the end of the write-up thusly:

a particularly chilling section of the Report bears repeating:

[N]otwithstanding provisions...

a Party may take measures to protect public health in accordance with the Doha Declaration on the TRIPS Agreement and Public Health, or any waiver or amendment of the TRIPS Agreement to implement the Doha Declaration on the TRIPS Agreement and Public Health [emphasis added].

Taken at face value this indicates that...

... a formal waiver is not even needed, but that takings of such Trade Secret type of information (the actual thrust of the IP waiver -- as contrasted with patents) can simply be done with no hint of penalty as long as the 'magic words' are uttered?

THIS administration continues down its "Equity" path - no matter what those who are in the profession of innovation protection may warn.

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