James Love's blog
USTR has rejected a KEI FOIA request for a Congressional Research Service study of ACTA that was done for Senate Ron Wyden. Senator Wyden shared the report with USTR. USTR acknowledges that it has possession of the document, but asserts it does not have control. Public Citizen has agreed to represent KEI in an appeal of the decision. Our administrative appeal was filed today.
March 23, 2011
FOIA Appeals Committee
Office of the Untied States Trade Representative
1724 F Street NW
Washington, DC 20508
Re: Freedom of Information Act Appeal
Note on use of Orphan Drug Act to increase price of hydroxyprogesterone caproate from $10 to $1,500 per doseSubmitted by James Love on 21. March 2011 - 15:54
(Following discussions with Ed Silverman of Pharmalot, this blog was updated at 12 pm on March 22, to add some suggestions as to how to reform the Orphan Drug Act).
This note concerns an increase in the price of hydroxyprogesterone caproate, from $10 to $20 per dose to $1,500 per dose. (Several injections are needed). Long used off label to prevent premature births, the drug will be sold by KV Pharmaceuticals, under a newly granted right under a statutory monopoly, at 150 times the price of the generic product using the trade name Makena.
MEP Franciso Sosa Wagner poses question about support for WIPO treaty for persons who are blind or have other disabilitiesSubmitted by James Love on 16. March 2011 - 13:22
Francisco SOSA WAGNER, a Member of the European Parliament (MEP) from Spain, has submitted a question to the European Commission on the WIPO negotiations for a treaty for persons who are blind or have other disabilities.
David Hammerstein has provided the following translation into English:
United States Patent and Trademark Office’s "Humanitarian Pilot Proposal." Comments by KEI, MSF, Oxfam, PC and UAEMSubmitted by James Love on 7. March 2011 - 13:21
The USPTO is considering a pilot program to consider the benefits of providing a voucher for certain accelerated reviews of patent applications, as a reward for licensing patents for humanitarian uses. On March 2, 2011, Anne Guha provided a very useful summary of public comments on the proposal, which is available here: http://www.keionline.org/node/1074
Michel Barnier tells the European Blind Union the EU does not support a treaty for persons with disabilitiesSubmitted by James Love on 2. March 2011 - 8:08
On March 2, 2011, Michel Barnier, the EC Commissioner for Internal Market and Services, wrote to Dan Pescod of the European Blind Union, to defend the European Commission decision to back a soft alternative to a treaty at WIPO. (More context, including the text of all of the proposals at WIPO, here.
Apparently it is now down to seven final candidates to be the new US Register of Copyrights. These include two employees of the Copyright Office (Carson and Kasunic), a lawyer in private practice (Fries), a full time professor (Brauneis), a professor/USPTO negotiator (Hughes), a trade negotiator (McCoy), and a representative of a trade association (Perlmutter). By gender, the finalists are two women, and five men.
They are, in alphabetical order:
WBU suspends participation in WIPO & EU Stakeholder discussions, pending agreement at WIPO on legal frameworkSubmitted by James Love on 27. February 2011 - 15:15
On February 26, 2011, the World Blind Union issued a statement announcing it would "suspend participation in the WIPO Stakeholder Platform and EU Stakeholder Dialogue projects, pending agreement at WIPO on a proper binding legal framework." [See full statement below]. The WBU statement is expected to dramatically change the environment for considering a new WIPO treaty for persons who are blind or have other disabilities.
Congressional Research Service reports are prepared in response to requests from members of congress. For decades, right to know groups have been asking that they be available online. The CRS describes itself as follows:
Four Green/EFA MEPs (from four parties and four countries) have asked a follow-up question on ACTA and the Vienna Connection, trying to get at the "is the US bound?" issue.
Greens/EFA MEPs Christian Engström, Judith Sargentini, Sandrine Beliér and Jan Albrecht have asked the European Commission this follow-up question on ACTA and Vienna Convention:
De Gucht responds to MEP Françoise Castex. Says ACTA is binding agreement, consistent with EU 'acquis'Submitted by James Love on 7. February 2011 - 10:44
At the end of the month, Judit Rius will be leaving KEI and joining MSF in New York as U.S. Manager of MSF's Campaign for Access to Essential Medicines. Judit has been with KEI since 2006, and from the beginning, contributed greatly to nearly every aspect of KEI's work. We will miss her a lot. At MSF, Judit will work closely with another talented former KEI lawyer, Michelle Childs. We wish Judit well in her new position, and congratulate MSF on the appointment.
After several days of negotiations, the 128th WHO Executive Board has accepted the nomination of Paul Herrling to the new WHO Consultative Expert Working Group on R&D Financing, despite the fact that Herrling is an executive of Novartis, and is the author of the IFPMA/Novartis/FRIND proposal and the co-author of the PDP Plus proposal, which will be considered by the CEWG.
On Tuesday the 18th of January 2010,German Green MEP Franziska Keller tabled this Parliamentary question:
At the end of the day on Monday, the 128 WHO Executive Board meeting took the agenda item for creation of a new R&D Financing consultative expert working group (CEWG). (Yesterday's blog on this topic is here)
World Health Organization Executive Board to create new consultative expert working group on R&D FinancingSubmitted by James Love on 17. January 2011 - 8:55
Today the WHO is expected to take up the Report by the Secretariat on "the Establishment of a consultative expert working group on research and development: financing and coordination." (link here).