James Love's blog

What's (still) wrong with ACTA, and why governments should reject the illegitimate agreement

This is a blog about the Anti-Counterfeiting Trade Agreement (ACTA). More information is available here: http://keionline.org/acta

ACTA is an attempt to bypass multilateral institutions

IIPA Special 301 complaints regarding unauthorized copying of textbooks and other educational materials

USTR asked to use trade pressure to curtail unauthorized copying of educational materials

Size Matters: PhRMA's Special 301 picks for South America.

Every year, USTR publishes the names of countries that do not adequately protect intellectual property rights. (See http://keionline.org/ustr/special301) . Among the classifications are the Priority Watch List (PWL) and the somewhat lower status Watch List (WL).

Total expenses vs reported expenditures on lobbying, six trade associations that lobby on IPR

President Obama claims to have kept "lobbyists" off the advisory boards for USTR. The Obama Administration relies upon the narrow legal definition of those persons who register to lobby the US Congress, which excludes expenditures to direct, supervise or support the lobbyists, and expenditures of many staff and consultants who are not fully engaged in lobbying the Congress. Expenditures to influence the executive branch (including USTR) has very little if any regulation, and are not counted as lobbying.

Who USTR clears to see secret text for IPR negotiations? (Such as TPPA)

In a meeting with USTR on February 15, 2012, KEI, MSF, Oxfam and Public Citizen pressed USTR to release the negotiating text for the intellectual property rights chapter in the TPPA trade agreement negotiation. USTR said the negotiation had "unprecedented" transparency, but maintained the text needed to be secret from the general public. USTR also claimed than no one on its many advisory boards, who are cleared to see the negotiating text, were lobbyists.

KEI and Essential Inventions comments to Special 301 Committee

KEI and Essential Inventions have both filed requests to testify at the public hearing on the 2012 Special 301 Report. The comments are attached here:

KEI 2012 Comments on Special 301, in PDF or ODT

Essential Inventions 2012 Comments on Special 301, in PDF

The KEI submission follows:

U.S. Dept of Commerce asked to review Africa Intellectual Property Forum compliance w/ Executive Order 13155

Health GAP, KEI, Oxfam, Public Citizen, Universities Allied for Essential Medicines and Professor Susan Sell have written Cameron Forbes Kerry, the General Counsel for the U.S. Department of Commerce, asking Kerry to "review work on the Africa Intellectual Property Forum, currently scheduled for April 3-5, 2012 in Cape Town, South Africa, to see if the sponsorship of the event violates Executive Order 13155, on Access to HIV/AIDS Pharmaceuticals and Medical Technologies." Executive Order 13155 was issued by President Clinton on May 10, 2000 after an extensive review of U.S.

Article on medical innovation prize fund from Het Financieele Dagblad

Attached is a pdf of an article in the Dutch Het Financieele Dagblad, regarding medical innovation prize funds. An html version is available here.

Representatives Issa (R-CA) and Maloney (D-NY) introduce anti-open access legislation

On December 16, 2011, H.R. 3699, "the Research Works Act", was introduced by Rep. Darrell Issa (R-CA), Chairman of the Committee on Oversight and Government Reform, and Committee member Rep. Carolyn Maloney (D-NY). This is how the Association of American Publishers describes the bill:

USTR to "clarify" its position on extension of LDC transition period for TRIPS

On June 11, 2011, KEI published KEI Policy Brief 2011:1, which was titled: "White House and European Commission trade official oppose waiver of drug patents for Least Developed Countries (LDCs)."

Pharma company registered lobbying expenditures for USA

According to OpenSecrets.Org, the pharmaceutical manufacturing sector has reported $115,571,832 in lobbying for 2011, a number that will grow considerably when all quarterly reports are filed. The top lobbying outlays were reported by PhRMA, the trade association, followed by Pfizer, Amgen, Merck, Lilly, Novartis, Bayer and GSK. The top generic company was Teva, which ranked 12th overall. As reported by OpenSecrets, some firms are listed more than once, for lobbying outlays by different subsidiaries.

How the US government subsidized Ron Perelman's smallpox drug: ST-246 (Tecovirimat)

On November 13, 2011, the Los Angeles Times published a story by David Willman on a no-bid contract with the Department of Health and Human Services (DHHS) to supply the government with a drug for smallpox. The LA Times story begins with this:

Over the last year, the Obama administration has aggressively pushed a $433-million plan to buy an experimental smallpox drug, despite uncertainty over whether it is needed or will work.

Special 301 on steroids? Section 205 of HR 3261, the Stop Online Piracy Act (SOPA) is not just about the Internet

On October 26, 2011, a bipartisan group of members of the U.S. House of Representatives introduced HR 3261, the Stop Online Piracy Act, known as SOPA. While much of the bill deals with "online" piracy," some sections of the bill appear to have nothing to do with the Internet. The bill also creates a new bureaucracy to deal with very broadly defined trade related intellectual property rights issues, including those identified in the annual USTR Special 301 report.

Recent cancer drug prices

2010

April 29, 2010.
Brand name: Provenge
Generic name: Sipuleucel-T
Marketed by: Dendreon
Indication: therapy for certain men with advanced prostate cancer that uses their own immune system to fight the disease.
FDA press release here.
US Price: $31,000 per infusion. A full course of treatment is three infusions over a one-month period, or $93k.

USPTO issued patents mentioning ritonavir in a patent claim

This note begins by looking at patents issued by the USPTO that specifically mention the term ritonavir in the patent claims, or mention the NIH contract that was used to fund the early development of the product. This includes 194 patents that cite ritonavir in the patent claims, and another 42 patents that cite the NIH contact that funded the early ritonavir work. We also provide quotes from an August 19, 2011 WIPO report on the patent landscape for ritonavir that found 805 patent families related to ritonavir.

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