Author: James Love
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.
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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.
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:
Journalists who wrote about US trade disputes before the 1999 Gore Zaps
In a blog posted today on the Huffington Post, I could have, should have, elaborated a bit on the few U.S. journalists who had written about the trade disputes involving patents on medicines, before AIDS activists began their zaps of Gore’s presidential campaign in June of 1999.
2002-8: WIPO discussions on access for blind, visually impaired and other reading disabled persons
During the current SCCR 17 discussions on copyright limitations and exceptions, some delegates are unfamiliar with the longstanding efforts to engage WIPO delegates in this issue. Here are some rough notes of *some* of the times when this issue has… Continue Reading
Google’s cell phone prize
There have been many new stories about Google’s new prize for cell phone applications (Such as this one).
This is how the program is described by Google:
Unlock the value, $10 million prize for silver mining technology
On September 20, the The New York Times reported on Barrick’s announcement it would offer “a $10 million prize on Wednesday to any scientist, researcher or inventor who can increase the amount of silver the company recovers from a mine in Argentina.” The rules for the prize are set out here: http://www.unlockthevalue.com/
Tom Giovanetti on the R&D Treaty, and political science
Tom Giovanetti kindly sent me a link to his latest NGO bashing. This one titled: “IP skeptic NGOs as Marxists.” This is his attempt to label the various public health groups as Marxists, and his brief attempt to understand or describe a February 2005 proposal for one possible approach R&D Treaty.
First, I have told Tom Giovanetti several times that while his hysterical red baiting is amusing at times, it is also sometimes offensive and boring.
Sweden, acting badly
I’m not sure who has been sharing this on the list, but the very worst country in the negotiations, among the 190+ members of the WHO, is, without a doubt, Sweden. Sweden has been making it very difficult for Europe to take reasonable positions in the negotiations, and Sweden is consistently taking the most extreme positions in the negotiations among the European countries, and competing with Mexico for the most anti-consumer views in the room.