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| Senators Bernie Sanders and Sherrod Brown |
On October 19, 2010, Senators Bernard Sanders (I-VT) and Sherrod Brown (D-OH) have written to David Kappos, the Director of the USPTO, asking for an assessment of conflicts between the October 2010 ACTA text, and U.S. law. The letter, attached here [1], focuses on the following ACTA articles
Article 2.X: Injunctions
Article 2.2: Damages
Article 2.3: Other Remedies
Article 2.X: Border Measures
The letter also identifies several areas for attention, including:
State sovereign immunity
As established by the U.S. Supreme Court in Florida Prepaid Postsecondary Education Expense Board v. College Savings Bank [2], and subsequent case law
Patents
35 USC 271(e)(6)(B-C) – Non-disclosed biological product patents
35 USC 287 (c), regarding infringement by medical practitioners.
Trademarks
15 USC 114 (2)
Copyrights
17 USC 512