Despite very tough laws on the books in the US for counterfeiting, which include possible life sentences for some offenses, and the very aggressive federal PR campaign against counterfeit drugs, the US is not always that tough on the trade in counterfeit drugs. In this recent case, Curtis Henry was sentenced to three years probation.
The following WTO airgram WTO/AIR/3943/REV.1 (23 May 2012) contains the agenda for the upcoming WTO Council for TRIPS meeting to be held in Geneva from Tuesday, 5 June 2012 to Wednesday, 6 June 2012. The airgram notes that the United States has made a written request for an agenda item on the “exchange of information on securing supply chains against counterfeit goods” (agenda item K). Brazil and the United States made a joint request for an additional agenda item (L) on “copyright limitations and exceptions: ongoing negotiations at WIPO-Briefing by Brazil and the United States”. Continue Reading →
KEI Statement on World Health Assembly resolution on Consultative Expert Working Group on Research and Development: Financing and Coordination
A number of developing countries worked together to push the World Health Assembly to create a member state process to consider the implementation of the CEWG. The most important CEWG recommendations are to begin work on a new WHO Convention on R&D financing, and to de-link R&D costs from drug prices.
Among the key parts of the 2 page resolution are the following:
1. WELCOMES the analysis of the CEWG report and expresses its appreciation to the Chair, Vice Chair and all the members of the Working Group for their work;
2. URGES Member States:2
(1) to hold national level consultations among all relevant stakeholders in order to discuss the CEWG report and other relevant analyses resulting in concrete proposals and actions; Continue Reading →
Open letter to those who collectively produced the May 23, 2012 statement to the WIPO SCP on the topics of patents and health (Copy of US statement available here: http://www.keionline.org/node/1416).
May 25, 2012
To each and everyone who worked on the SCP submission:
This letter outlines our concerns to the May 23, 2012 statement to the 18th Session of the World Intellectual Property Organization (WIPO) Standing Committee on the Law of Patents (SCP), on the agenda for patents and health.
This is a brief note regarding the WHA negotiations on the proposed treaty for medical R&D, and in particular, the elements which deal with financing R&D. I’ll skip the history and earlier context of the negotiations, and focus on the main issues in play this week.
The following is the statement read today by USPTO during a meeting of the WIPO Standing Committee on the Law of Patent, on the agenda item for patents and health. I’ll provide more commentary later, but in general, this was seen an aggressive attack on a proposal for work by the Development Agenda Group (DAG), and on the notion that countries should grant compulsory licenses on patents to address concerns over access or affordability of drugs.
[Update: KEI wrote to USPTO about the submission: /node/1420]
On Wednesday, 23 May 2012, Chile delivered the following statement on patents and health at the 18th session of the WIPO Standing Committee on the Law of Patents (SCP). In particular, Chile made a strong case for the WIPO SCP to study existing flexibilities in the international patent system. Continue Reading →