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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.
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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.

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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.

http://www.ice.gov/news/releases/1205/120518rochester.htm

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

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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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KEI Statement on WHA resolution on Consultative Expert Working Group on Research and Development: Financing and Coordination

KEI Statement on World Health Assembly resolution on Consultative Expert Working Group on Research and Development: Financing and Coordination

A number of developing countries worked together to push the World Health Assembly to create a member state process to consider the implementation of the CEWG. The most important CEWG recommendations are to begin work on a new WHO Convention on R&D financing, and to de-link R&D costs from drug prices.

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WHA 65 agrees to way forward on CEWG Report, resolution is approved in Committee A

Here is the resolution that was adopted.

/wp-content/uploads/Item13.14_AdvanceDraftResolution.pdf

Among the key parts of the 2 page resolution are the following:

1. WELCOMES the analysis of the CEWG report and expresses its appreciation to the Chair, Vice Chair and all the members of the Working Group for their work;
2. URGES Member States:2
(1) to hold national level consultations among all relevant stakeholders in order to discuss the CEWG report and other relevant analyses resulting in concrete proposals and actions;
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Open letter to those who collectively produced the May 23, 2012 statement to the WIPO SCP on the topics of patents and health

Open letter to those who collectively produced the May 23, 2012 statement to the WIPO SCP on the topics of patents and health (Copy of US statement available here: https://www.keionline.org/node/1416).

May 25, 2012

To each and everyone who worked on the SCP submission:

This letter outlines our concerns to the May 23, 2012 statement to the 18th Session of the World Intellectual Property Organization (WIPO) Standing Committee on the Law of Patents (SCP), on the agenda for patents and health.

In its opening, the USPTO said the following:

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