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PhRMA comments on ACTA: ISP Liability, Parallel Trade and Generic APIs

These are a few quick points about the PhRMA submission.

1. PhRMA asks that ACTA “Establish liability for Internet Service Providers and Other Operators that Facilitate Trade in Counterfeit Medical Products.”

This is potentially quite an important and controversial recommendation. PhRMA wants to make telecommunications companies liable if one of their customers sells counterfeit products.

WIPO Development Agenda committee: Interface between competition policy and intellectual property

On Wednesday (9 July 11, 2008) the WIPO Committee on Development and Intellectual Property (CDIP) steered away from the detailed financial and human resources discussions that characterized the first two days of discussion to more substantive discussions on competition policy.

The morning session considered recommendation 7 of the WIPO Development Agenda which calls upon WIPO to

Development Agenda discussions focus on costing of consultants and business analysts

The second session of the the WIPO Committee on Development and Intellectual Property (CDIP) is meeting this week in Geneva (July 7-11, 2008). The first meeting of this development committee (March 2008) examined Cluster A (Technical Assistance and Capacity Building) of the 45 approved Development Agenda recommendations.

WIPO patent committee embarks on positive agenda

After a hiatus of three years, the WIPO Standing Committee on the Law of Patents (SCP) met for its 12th session on June 23, 2008 to June 27, 2008. Given the collapse of the talks to initiate a Substantive Patent Law Treaty (SPLT) to harmonize patent law with respect to prior art, novelty, inventive step and grace period, even the most prescient of WIPO watchers were at a loss in prognosticating the outcome of the WIPO SCP.

Chilean official takes helm of WIPO patent committee

At 10:52 AM today, the United States of America (on behalf of Group B, the “rich country” group of WIPO) nominated Maximiliano Santa Cruz of Chile to be chair of the WIPO Standing Committee on the Law of Patents (SCP). Singapore, on behalf of the Asian Group, seconded the nomination of Mr Santa Cruz and proposed candidates from China and Romania as Vice-Chairs. Brazil registered its support for this complement of candidates.

Amendment to the Gilead-Ranbaxy License Agreement

We have received a copy of an amendment to the September 2006 voluntary License Agreement between Gilead Sciences, Inc and Ranbaxy Laboratories, Ltd concerning the manufacture and sale of Tenofovir Disoproxil Fumarate (TDF) and Emtricitabine for the treatment of HIV-AIDS.

Views on the 61st World Health Assembly adoption of Global Strategy on Public Health, Innovation and Intellectual Property

On 24 May 2008, the 61st World Health Assembly, the World Health Organization’s highest governing body, adopted the Global Strategy on Public, Innovation and Intellectual Property. As stated by James Love (Director, Knowledge Ecology International) in his random-bits posting (31 May 2008)

Of fog and thickets: The WHO IGWG process

The WHO IGWG drafting group meeting in Salle XXIII of the Palais des Nations during this week’s World Health Assembly is charged with hammering out a consensus global strategy that would inter alia, secure

an enhanced and sustainable basis for needs-driven, essential health research and development relevant to diseases that disproportinately affect developing countries, proposing clear objectives and priorities for research and development, and estimating funding needs in in this area.

What is a Counterfeit?

On Tuesday, 20 May 2008, the United Arab Emirates, Nigeria, Ghana, Gambia and Tunisia introduced a draft resolution (A61/A/Conf. Paper No 1) on counterfeiting.

While counterfeiting medicines is an important public health problem, and as traditionally defined, is a criminal enterprise that should be subject to tough legal sanctions, the resolution is problematic.

2008 KEI Comments on ACTA Anti-Counterfeiting Treaty


Comments of Knowledge Ecology International on the Proposal for Anti-Counterfeiting Trade Agreement (ACTA)  
 
Submitted to United States Trade Representative
Request for Public Comments, via email:  acta@ustr.eop.gov
 
March 20, 2008

Jon Santamauro, former US trade official now on BIO IGWG delegation

During the IGWG, BIO, the trade association, a group not yet in official relations with the WHO, was given the right to place four persons inside the closed drafting sessions. One of them was Jon Santamauro, who until recently was a US trade official on intellectual property issues.

“Mr. Santamauro has more than 15 years of experience handling intellectual property issues for the U.S. Government.”

WIPO’s patent menu: Report on the International Patent System

On April 15, 2008, WIPO released its long awaited Report on the International Patent System.

Open licensing vs Monopoly Controlled Supply

One of the most important battles being waged both inside and outside of the IGWG concerns the nature of competition for the supply of inexpensive medicines and vaccines.

The large pharma companies with well-known brands and big marketing and distribution systems want to marginalize developing country generic suppliers, as actual or potential competitors. This plays out in various ways. For example:

Of Limitations, Exceptions and Verse (WIPO copyright committee)

Following the WIPO Standing Committee on Copyright and Related Rights (SCCR) which for much of its existence has endeavored to unsuccessfully hammer out a Treaty for the Protection of Broadcasting Organizations has provided a window into the human condition replete with incidents of humor, frustration and hope.

83 countries determine the fate of WIPO (ie-who will be the new DG)?

The WIPO Coordination Committee will meet in extraordinary session on May 13-14, 2008, to “nominate a person for appointment by the General Assembly as WIPO Director General. The nominations received from WIPO Member States in response to the Circular C.N. 2833 are now available.”

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