ACTA is not consistent with US laws on injunctions and damages

Two areas where ACTA is inconsistent with US law, injunctions and damages
KEI Policy Brief, 2011:2
30 September 2011, revised 3 October 2011
James Love and Krista Cox


As the U.S. is reportedly about to sign ACTA, we wanted to point out two important areas where ACTA is not consistent with U.S. law. These are the sections of ACTA dealing with injunctions and damages. Below we have included the text from ACTA and the WTO TRIPS agreement on these two topics.

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2011 WIPO General Assembly begins week long meeting

The 49th WIPO General Assembly began today, in a packed hall of the CICG convention center. The agenda and other documents for the meeting is available here. The Director General, Francis Gurry, began his talk focusing on financial challenges, and, among other things, several references to the work of the Standing Committee on Copyright and Related Rights (SCCR). Gurry talked about progress on the AV treaty, and progress on an “instrument” for persons with disabilities. He talked about the new SCCR work program on the broadcast treaty. He did not mention the WIPO work on libraries, education or other copyright limitations and exceptions issues.

The meeting is webcast. Countries have been given 5 minutes for opening statements.
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What the 2001 Doha Declaration Changed

As the UN meets to discuss non-communicable diseases, one area of controversy is the effort by White House trade officials and the European Commissioner for Trade to block any mention in a Political Declaration of the November 14, 2001 WTO Doha Declaration on TRIPS and Public Health.

This note explains why the Doha Declaration was important, and what USTR and DG-Trade are trying to do in the NCD resolution. I will start with a very quick history of the events that led to the 2001 WTO resolution.

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Vietnam cables: Data exclusivity should be automatic, comprehensive, retroactive and without procedures and formalities

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Michael W. Michalak, former Ambassador to Vietnam, pressured Vietnam on behalf of PhRMA.

Cables recently published by Wikileaks illustrate the degree to which the U.S. has been engaged in writing laws and training judges and government officials in Vietnam, on a wide range of pharmaceutical and intellectual property issues.

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