James Love's blog

US July 18, 2012 Intervention at WIPO SCCR 24 on Broadcasters’ Rights

Below is the statement that Shira Perlmutter of USPTO delivered for the US government on July 18, 2012, at the WIPO SCCR 24 meeting in Geneva. As noted in the statement, the United States is calling for a "single text." The nature of the instrument is "a treaty." The U.S. wants the treaty to cover the "signal" without a set term (some earlier proposals had called for 20 to 50 years of protection). The treaty would protect "traditional" broadcasters, defined as over the air, satellite and cable broadcasting.

Leahy on patent trolls, licensing on reasonable terms

In a May 9, 2012 hearing in the Senate Judiciary Committee on oversight of the intellectual property enforcement coordinator, Senator Leahy asked Victoria Espinel about patent trolls, and failures to license patents on reasonable terms to achieve interoperability where standards are important. Leahy asked Victoria Espinel to work with USDOJ's antitrust officials to deal with abuses by patent holders in both cases.

KEI Files Brief in Kirtsaeng v John Wiley & Sons (copyright first sale doctrine case)

Today, July 9, 2012, Knowledge Ecology International (KEI) filed an amicus brief in the Supreme Court of the United States in support of neither party in the case Kirtsaeng v. John Wiley & Sons.

Krista Cox, day of filing brief in Kirtsaeng case

European Parliament votes 478 to 39 to reject ACTA


The vote to reject a delay of the final ACTA vote was 420 Vs 255, followed by the rejection of ACTA by a vote of 478 to 39.

KEI Director James Love statement:

Joint Statement of Civil Society Groups on U.S. TPP Copyright Proposal

The below is a joint statement from EFF, Knowledge Ecology International, Public Knowledge, and Public Citizen.

Joint Statement of Civil Society Groups on U.S. TPP Copyright Proposal

USPTO "clarifies" June 27, 2012 testimony on biologics exclusivity and India compulsory license

Deputy USPTO Director Teresa Stanek Rea has issued a retraction of her statement regarding Administration support for 12 years of exclusive rights in test data for biologic drugs, and moderated somewhat her statement on the India compulsory license for Nexavar. USTR also issued a statement on the issue of biologic test data in response to Rea's earlier comments.

USPTO and Congress bash India over the Nexavar compulsory license

Teresa Stanek Rea On June 27, 2012, Teresa Stanek Rea, the Deputy Under Secretary of Commerce for Intellectual Property and the Deputy Director of the United States Patent and Trademark Office (USPTO), testified at a hearing on: "International IP Enforcement: Protecting Patents, Trade Secrets and Market Access", before the US House of Representatives, Judicary Committee, Subcommittee on Intellectual Property, Competition, and the

KEI letter to USTR regarding TPPA copyright provisions

The governments of Brunei, Chile, New Zealand, Singapore, Australia, Malaysia, Peru, Vietnam and the United States are negotiating a multilateral free trade agreement known as the Trans-Pacific Partnership Agreement (TPP). The negotiations are being conducted with considerable secrecy, even though they address many issues of great interest to the general public. The Agreement will cover many topics, including intellectual property rights, the pricing of pharmaceutical drugs, and the rights of investors to sue states over policies and actions that impact their investments.

The language in S. 3187, calling for National Academies evaluation of Medical Innovation inducement prizes

S.3187 Food and Drug Administration Safety and Innovation Act (Engrossed in Senate [Passed Senate] - ES)


Rejected letter to Foreign Affairs, responding to "Healthy Governance" article about WHO

I recently sent the following letter to Andrew Bast, the editor of Foreign Affairs. The letter responds to a May 24, 2012 article by Devi Sridhar, Lawrence O.

The USPTO/DOC's liberal and misleading definition of IP-Intensive industries is designed to influence policy debates

At yesterday's TACD event, USPTO and KEI discussed the report by the Department of Commerce's Economics and Statistics Administration and the United States Patent and Trademark Office on Intellectual Property and employment. The report, titled: Intellectual Property and the U.S. Economy: Industries in Focus, has been widely quoted, including these bullets from its executive summary:

  • IP-intensive industries accounted for about $5.06 trillion in value added, or 34.8 percent of U.S. gross domestic product (GDP), in 2010.

Recent ICE Press regarding counterfeit of pharmaceutical drugs

This is a rough list of the recent ICE press releases mentioning counterfeit and pharmaceutical. It is quite clear that the overwhelming majority of counterfeit busts involve Viagra and other erectile dysfunction drugs, a problem that will probably resolve itself once the Pfizer patents on Viagra expire.

In my quick read of the ICE press releases, I found just 12 pharmaceutical counterfeiting cases in the ICE press releases from 2009 to May 2012, with 14 defendants.

  • 13 of the 14 defendants were men.

Man gets three years probation, no jail time, for importing counterfeit drugs into USA

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.


News Releases
MAY 18, 2012
Upstate New York man sentenced for importing counterfeit pharmaceuticals

What's a counterfeit? And how many counterfeit drugs are there?

Donald McNeil has an article in the New York Times that appeared in print on May 22, 2012 (page D6 of the New York edition) with the headline: "Malaria: Fake and Substandard Drugs Grow as Threat to Fight Disease." A web version is available here: http://www.nytimes.com/2012/05/22/health/policy/fake-and-substandard-drugs-grow-as-threat-to-fight-malaria.html

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