DHHS Secretary Donna Shalala to Rep Jan Schakowsky in 2000, on WHO access to fed funded patent rights

In 2000, President Clinton asked Donna Shalala, then the Secretary of the Department of Health and Human Services (DHHS), to write to Representative Jan Schakowsky. Schakowky had asked President Clinton to provide the World Health Organization with royalty free rights to health care products, for which the United States holds rights.

Schakowsky was pressing President Clinton to share its rights, under 35 USC 202(c)(4) — a federal statute that reserves certain rights in patents where the federal government provided funding for the invention.

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What the 2001 Doha Declaration Changed

As the UN meets to discuss non-communicable diseases, one area of controversy is the effort by White House trade officials and the European Commissioner for Trade to block any mention in a Political Declaration of the November 14, 2001 WTO Doha Declaration on TRIPS and Public Health.

This note explains why the Doha Declaration was important, and what USTR and DG-Trade are trying to do in the NCD resolution. I will start with a very quick history of the events that led to the 2001 WTO resolution.

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Cables from Chile illustrate ongoing pressure by US trade officials on behalf of drug companies

Wikileaks has published several cables invovling Chile, a country that signed an FTA with the United States/ When the Chile/US FTA came into effect in 2004, it was the template for a series of subsequent Bush Administration FTA agreements that ramped up IPR protections for pharmacetuicals and copyrights, and it seemed aggressive at the time. Continue Reading

Vietnam cables: Data exclusivity should be automatic, comprehensive, retroactive and without procedures and formalities

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Michael W. Michalak, former Ambassador to Vietnam, pressured Vietnam on behalf of PhRMA.

Cables recently published by Wikileaks illustrate the degree to which the U.S. has been engaged in writing laws and training judges and government officials in Vietnam, on a wide range of pharmaceutical and intellectual property issues.

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USPTO award of $4 million in fy 2010 grants to groups advising developing countries on intellectual property issues

Last year the USPTO announced the award of $4 million in fy 2009 grants to advise developing couintries on intellectual property policies. The first set of grants were done under Arti Rai, then Administrator for External Affairs at USTPO. The grants went to a variety on pro-right owner groups, including those associated with Newt Gingrich and the Tea Party, and several supported by firms like Pfizer and Microsoft. Seven of the groups receiving the fy 2009 have in common the fact they received funding from either Microsoft or the Gates Foundation.

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In Poland, an Ambassador (and former George W Bush roommate) demolishes PhRMA’s 2009 Special 301 filing (Wikileaks cables)

From KEI staff review of Wikileaks cables (/wikileaks)

This cable signed by US Ambassador to Poland Victor H. Ashe provides a through and very tough critique of PhRMA’s submission to the 2009 Special 301 list. Ashe rejects every one of PhRMA’s main points, and explains why continually putting Poland on the Special 301 list is counter productive.

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Cable: US Government collaboration with drug companies to lobby the Finnish Parliament on drug pricing legislation

This July 9, 2008 cable concerns the collaboration between the US government and the pharmaceutical industry to lobby Finland on the pricing of pharmaceutical drugs. The cable was written by Michael A Butler, then the Deputy Chief of Mission in Helsinki, and is worth a read. Among other things, the cable says :

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