Intellectual Property

USTR's 2012 Special 301 Report, focuses on largest developing country markets, and Canada

The 2012 USTR Special 301 Report was published on April 30, 2012. The report details USTR's unilateral standards for the granting and enforcement for a diverse set of intellectual property rights, and singles out countries that USTR claims do not meet those standards. The Report places the offending countries into different categories, including those on the “Priority Watch List,” the “Watch List” and those to have a “Special 306” review. According to USTR:

Damages for infringement

United States

USPTO award of $4 million in fy 2010 grants to groups advising developing countries on intellectual property issues

Last year the USPTO announced the award of $4 million in fy 2009 grants to advise developing couintries on intellectual property policies. The first set of grants were done under Arti Rai, then Administrator for External Affairs at USTPO. The grants went to a variety on pro-right owner groups, including those associated with Newt Gingrich and the Tea Party, and several supported by firms like Pfizer and Microsoft. Seven of the groups receiving the fy 2009 have in common the fact they received funding from either Microsoft or the Gates Foundation.

Wikileaks cables on the US opposition to Philippines legislation on affordable medicines

From KEI staff review of Wikileaks cables (http://keionline.org/wikileaks)

From September 19, 2005 to January 15, 2010, the US Department of State sent dozens of cables from Manila reporting on disputes in the Philippines regarding IPR and the pricing of pharmaceutical drugs. Much of the U.S. advocacy in the Philippines was done in close cooperation with Pfizer.

Implementing the Jordan FTA rules on exclusive rights in regulatory test data

September 2, 2011
From KEI staff review of Wikileaks cables (http://keionline.org/wikileaks)

On August 30, 2011, Wikileaks published a December 19, 2005 cable written by Daniel Rubinstein. The cable illustrates the degree to which the U.S. Department of State monitors the implementation of the Jordan-US FTA agreement, as regards disputes over rules on data exclusivity.

May 18 2009 cable regarding meeting between US Ambassador and pharma execs in Turkey

September 2, 2011
From KEI staff review of Wikileaks cables (http://keionline.org/wikileaks)

In this May 18, 2009 cable, US Ambassador to Turkey James Franklin Jeffrey (currently the US Ambassador to Iraq) met with pharmaceutical company officials, and promised to pressure Turkey to adopt pro-industry changes in regulatory and procurement policies, as well as industry backed policies on patent protection and data exclusivity.

Diplomats advise drug company executives on best way to lobby Portugal government

September 2, 2011
From KEI staff review of Wikileaks cables (http://keionline.org/wikileaks)

This cable reports on a meeting between U.S. and European diplomats and executives from 13 pharmaceutical companies (7 US, 2 UK, 2 Swiss, 1 German and 1 French).

The companies complained about "unstable pricing policies, GOP reimbursement delays, capricious and opaque revenue caps, and lax enforcement of patent rights.

Notes from the Seventh Round of TPPA Negotiations in Vietnam

Last week I attended the seventh round of negotiations for the Trans-Pacific Partnership Agreement (TPPA) that took place in Ho Chi Minh City, Vietnam. I was able to meet negotiators from all nine negotiating parties and was able to discuss our concerns regarding the proposed U.S. IP chapter for the TPPA, including, in particular, access to medicines and the right to health. I was also able to distribute the joint civil society comments previously submitted to the U.S.

KEI's TPP Timeline

Trans-Pacific Partnership Agreement (TPP) Timeline

2008

The complete Feb 10, 2011 text of the US proposal for the TPP IPR chapter

KEI has obtained the February 10, 2011 US government draft of the intellectual property chapter of the Trans-Pacific Partnership Agreement (TPP).

http://keionline.org/sites/default/files/tpp-10feb2011-us-text-ipr-chapter.pdf

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