Damages, Injunctions and Transparency key issues in ACTA negotiations

The decision to restart the ACTA negotiations makes it important to understand the nature and consequence of proposed agreement. Following a complaint about transparency, this note focuses on damages and injunctions.

European Parliament debate on transparency of ACTA documents

From the European Parliament is a call for more transparency of ACTA documents. This is a report from Sina Amoor Pour of Sweden, posted to the A2K listserve:

March 2009 news stories on the denial of access to ACTA documents under FOIA on national security grounds

The following are some of the stories on the denial of the ACTA FOIA request on national security grounds.

March 12, 2009
Obama Administration Rules Texts of New IPR Agreement are State Secrets
Huffington Post, James Love, March 12, 2009.

Who are the cleared advisors that have access to secret ACTA documents?

The negotiating text of ACTA and many other documents, including even the lists of participants in the negotiations, are secret. The White House claims the secrecy is required as a matter of national security. But that does not mean the documents are off limits to everyone outside of the government. Hundreds of advisors, many of them corporate lobbyists, are considered “cleared advisors.” They have access to the ACTA documents.

White House says ACTA text a State Secret. EU parliament says time for more transparency

On January 31, 2009, KEI submitted a Freedom of Information Act (FOIA) request to USTR for copies of seven documents containing much of the negotiating text of the proposed Anti-Counterfeiting Trade Agreement (ACTA). Today the White House office the United States Trade Representative denied the request, claiming the documents are “information that is properly classified in the interest of national security pursuant to Executive Order 12958.”

PhRMA’s Aggressive Special 301 submission for the Philippines

One of the more aggressive PhRMA submissions to the USTR Special 301 list is the section on the Philippines. Excerpts, which are given below, illustrate the breath of PhRMA’s demands on the USTR.

FT on Dutch Seizures of Generic Abacavir

In today’s Financial Times, Andrew Jack, Frances Williams and Michael Steen report on Dutch seizure of generic Abacavir in transit to Africa:


Dozens of HIV patients have been placed at risk after the Dutch authorities seized consignments of Indian-made medicines shipped via Schipol airport for distribution to clinics in Nigeria, a multilateral agency yesterday said.

Statement by Brazil at TRIPS Council: Public Health dimension of TRIPS Agreement

On 3 March 2009, the following intervention was delivered by Ambassador Roberto Azevêdo, Permanent Representative of Brazil to the WTO and other economic organizations in Geneva.


TRIPS Council
Agenda item ‘M’ – OTHER BUSINESS – Public Health dimension of TRIPS Agreement

Statement by Brazil

Mr. Chairman,

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.

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