James Love's blog

Notes from EU Parliament meeting on innovation+access for medical technologies

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 law

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

A KEI note to Library of Congress about ACTA text

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

The November 15, 2010 version of ACTA

The final conclusions for WIPO SCCR 21

Sometime very early Saturday morning, SCCR 21 ended with these conclusions.

KEI statement at SCCR 21

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.

Six recent secret ACTA documents

European generic drug companies ask EU Parliament to remove patents from ACTA

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
INTA Committee
European Parliament
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,

The 2010 US elections

This was originally published in the Huffington Post here.

USTR positions in China WTO TRIPS dispute at odds with talking points on ACTA flexibility

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:


Michèle Rivasi asks question about ACTA and Access to Medicine

225px-michel-rivasi.jpg 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 law

francoisecastex2.jpg As David Hammerstein of TACD has also blogged about here, Françoise Castex, a French Socialist MEP, has submitted this priority question about ACTA to the European Commission, asking the Commission to respond to the assertions by the USTR that ACTA wo

KEI Letter to the European Parliament regarding ACTA, October 25, 2010

(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 true

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.

Statement of the Holy See at 48th WIPO General Assembly

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

Mr. President,

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