AIDS Drug Assistance Programs (ADAP) are state run programs that provide medicines to low-income HIV-positive patients who either have limited or no insurance coverage. ADAPs are essential in providing life-saving medicines to low-income patients, but these programs are threatened by the high costs of treatment.
In a somewhat unexpected and encouraging ruling, on April 12, 2011, the District Court for the District of Columbia rejected USTR claims that the release of certain documents relating to a trade negotiations can be shielded from the FOIA.
The case involves a FOIA dispute between the Center for International Environmental Law (CIEL) and the the United States Trade Representative’s (USTR) over documents revealing the US negotiating position on the Investment Chapter in the proposed Free Trade Agreement of the Americas (FTAA).
Recently, Ambassador Ron Kirk, the United States Trade Representative (USTR) responded to follow up questions from the U.S. Senate Finance Committee regarding the 2011 Trade Agenda. In addition to asserting that the U.S. Congress is not bound by ACTA, the responses suggest USTR desire to establish requirements for the implementation of data exclusivity provisions.
Although domestic law in the US provides for certain exceptions and limitations from infringement of copyright for the production of accessible works for the visually impaired, as well as importation and exportation of these materials, the law is ambiguous and insufficient in allowing non-profit entities or government agencies to export these works.
On Monday, April 4, 2011, a panel of three Federal Circuit judges heard oral arguments about the patentability of the BRCA 1/2 gene claims in American Molecular Pathology, et. al, v. U.S. Patent and Trademark Office, et. al.. The panel included Judge Lourie, Judge Bryson and Judge Moore. Gregory Castanias from Jones Day argued for Myriad’s position, defending the DNA claims while Chris Hansen of the ACLU argued against the patentability of the claims. The U.S. Continue Reading
The WIPO “Stakeholder Platform,” an endeavor by rightholder organizations that came about in response to the proposal of the World Blind Union Treaty, seeks to engage in voluntary agreements and licensing deals to make works accessible to the visually impaired. Although the “Stakeholder Platform” appears to be a positive measure on its face, these voluntary agreements may actually impair, rather enhance, the ability of the blind to gain access to books and other works. Continue Reading
The recently obtained US draft text for the intellectual property rights chapter for the Trans-Pacific Partnership Agreement (TPP) contains provisions that go far beyond the requirements of international agreements as well as the standards of US law itself. One particular area of concern involves the broad definition of patent eligible subject matter that fails to provide for any exception from patentability for surgical methods or procedures. Nor does the draft language contain any exception for the enforcement of surgical method patents. Continue Reading