James Love's blog
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).
Non-responsive letter from David Kappos of USPTO to Senators Sanders and Brown regarding ACTA consistency with US lawSubmitted by James Love on 17. November 2010 - 12:56
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
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
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.
Some examples of inconsistencies between ACTA and US law
Sometime very early Saturday morning, SCCR 21 ended with these conclusions.
This was our 400 word statement at the WIPO SCCR 21.
Statement of KEI at WIPO SCCR 21, November 11, 2010
There should be a compelling rationale for creating new global norms for copyrights.
KEI opposes work on a new broadcasting treaty, and supports work on performers treaty.
KEI supports work at the SCCR on new possible norms for copyright limitations and exceptions, particularly as regards to access to knowledge, and uses of new technologies.
The European Generics Association has written to the European Parliament asking that patents be removed from the Anti-Counterfeiting Agreement. A PDF copy of their letter is here. The text in html follows:
MEP Mr. Gianluca Susta
1049 Bruxelles- Belgium
Brussels, 5th of November 2010
Ref. EGA comments to the consolidated text on ACTA that reflects changes made during the
September 2010 Tokyo round1.
Dear Mr. Susta,
This was originally published in the Huffington Post here.
Use of Article 1.1 of the TRIPS in the US/China WTO dispute over the enforcement of intellectual property rights
USTR claims that Article 1.2.1 of ACTA provides the flexibility to overlook inconsistencies between US law and ACTA. Below is the text from both Article 1.2.1 of ACTA, and Article 1.1 of TRIPS:
ACTA ARTICLE 1.2: NATURE AND SCOPE OF OBLIGATIONS
Michèle Rivasi, a Member of the European Parliament, representing South East France for The Greens, has asked the European Commission: "Given the possible impacts of the inclusion of patents the agreement on access to medicines and on innovation, would the Commission consider accepting the exclusion of patents from the agreement as proposed by a number of ACTA negotiating parties?" The full text of her question follows:
Françoise Castex, French Socialist MEP, asks about USTR assertions that ACTA does not require changes in US lawSubmitted by James Love on 25. October 2010 - 12:50
(A PDF version of this is available here.)
Knowledge Ecology International
October 25, 2010
Letter to the European Parliament regarding ACTA
USTR's implausible claim that ACTA Article 1.2 is an all purpose loophole, and the ramifications if trueSubmitted by James Love on 22. October 2010 - 14:23
The October 2010 version of the ACTA text is inconsistent with several areas of U.S. law, and proposals for new laws in the areas of the reform of patent damages and access to orphaned copyrighted works. In particular, the obligations in the ACTA text do not incorporate many of the areas of limitations and exceptions to remedies found in U.S. law, and in the statutes of some other countries.
48th Series of Meetings of the World Intellectual Property Organization’s General Assemblies
Statement by H.E. Archbishop Silvano M. Tomasi, Permanent Representative of the Holy See to the United Nations and Other International Organizations in Geneva
at the 48th Series of Meetings of the World Intellectual Property Organization’s General Assemblies
Geneva, 21 September 2010