Enforcement

TRIPS Provisions on Enforcement

Written by Judit Rius Sanjuan

The most important international intellectual property agreement regulating remedies for intellectual property infringement is the 1994 WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPS Agreement). 

PhRMA comments to USTR on ACTA

Written by James Love
Wednesday, 09 July 2008

PHARMACEUTICAL RESEARCH AND MANUFACTURERS OF AMERICA (PhRMA) ANTI-COUNTERFETING TRADE AGREEMENT (ACTA) COMMENTS 

March 21, 2008

RIAA Suggestions for content of ACTA

Written by James Love
Thursday, 26 June 2008

 These are the substantive suggestions for provisions of the ACTA that the RIAA sent to the USTR on March 17, 2008.

The Anti-Counterfeiting Trade Agreement (ACTA)

The governments of the United States, the European Commission, Japan, Switzerland, Australia, New Zealand, South Korea, Canada, and Mexico are negotiating a trade agreement named the Anti-Counterfeiting Trade Agreement (ACTA). Despite the name, the agreement is designed to address not only counterfeiting, but a wide range of intellectual property enforcement issues.

Pharmaceutical Counterfeiting

What Are Counterfeit Medicines?

The definition of a counterfeit medicine is not well established.  In 1992, the WHO defined a counterfeit medicine as: “a medicine which is deliberately and fraudulently mislabelled with respect to identity and/or source."  Under this definition, it is the deliberate mislabeling of a drug or medicine which makes it a counterfeit.  The US FDA uses a similar definition,

Enforcement and Remedies to Infringement

The most important negotiation in this area is Anti-Counterfeiting Trade Agreement (ACTA).

See also:

June 10, 2009. KEI, TACD and HAI briefing on IPR Enforcement

Location: Brussels, Belgium

A link to the meeting agenda is available here.

A press release from the meeting is available here.

ACTA and changes in global norms for damages and injunctions (for enforcement of intellectual property)

The Obama Administration, with the support of a Democrat-controlled U.S. Congress, is insisting the Anti-Counterfeiting Trade Agreement (ACTA) negotiations be conducted in secret. We know, from documents obtained in Europe and the summaries released in April 2009, that the draft ACTA has sections that deal with both injunctions and damages. We don’t have the current text.

NGO Letter to USTR on transparency

On July 22, 2009, eight public interest, consumer and public health organizations wrote to the United States Trade Representative (USTR), recommending the USTR and other federal agencies reduce secrecy and increase transparency in negotiations that involve global norms for knowledge governance.

TACD issues resolution on IPR enforcement

On June 18, 2009, The Transatlantic Consumer Dialogue (TACD) issued a 2,000 word resolution on the enforcement of copyright, trademarks, patents and other intellectual property rights. The resolution is on the TACD web page here. A press release from the TACD IP-Working Group, with comments from several TACD members, is available on the web here.

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