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25 November 2010

The fourth day of WIPO’s Committee on Development and Intellectual Property(CDIP6) has witnessed a rich discussion on how to implement Recommendation 36 of the WIPO Development Agenda which states:

Recommendation 36 (Cluster D): To exchange experiences on open collaborative projects such as the Human Genome Project as well as on intellectual property models

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The 6th session of the WIPO Advisory Committee on Enforcement is taking place in Geneva from 1-2 December 2010. KEI’s observations on the 5th session, entitled, Positive outcome reached at WIPO Advisory Committee on Enforcement while ACTA looms in the East can be found here:/node/681.

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Today I am attending a meeting at the European Parliament on new models of innovation for medical technologies. The event was organized by three MEPs, Thijs Berman, Eva Joly and Carl Schlyter, in collaboration with the European Parliament Working Group on Innovation, Access to Medicines and Poverity-Related Diseaes, and several consumer rights, public health and development NGOs (TACD, Health Action International, KEI, Oxfam and IQsensato).

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In a October 19, 2010, Senators Bernard Sanders (I-VT) and Sherrod Brown (D-OH) wrote to David Kappos, the Director of the USPTO, asking for an assessment of conflicts between the October 2010 ACTA text, and U.S. law. (attached here).

Undersecretary of Commerce for Intellectual Property, David Kappos

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From: James Love
To: Michele Woods
Cc: Nancy Weiss
Subject: Some examples of US inconsistency with ACTA
Date: Fri, 12 Nov 2010 07:29:09 -0500

This note cites several areas where US law is plainly inconsistent with
ACTA.

In addition, in a separate analysis,I have called attention to proposed
legislation in USA on orphan copyrighted works that are very
inconsistent with ACTA provisions on remedies.
https://www.keionline.org/node/980

Some examples of inconsistencies between ACTA and US law

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The following statement is the oral intervention made by USTR at the WTO Council for TRIPS (October 2010) regarding ACTA.

Talking Points of the United States for TRIPS Council Meeting of October 26, 2010
Agenda Item P
ACTA

We would like to thank other delegations for their interest in the Anti-Counterfeiting Trade Agreement (ACTA).
Delegations will recall that the United States and other delegations have been interested in discussing the issue of IP enforcement at this Council for many years and so we’re pleased to have another discussion today.

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