KEI has obtained a copy of the August 25, 2010 version of the ACTA consolidated negotiating text. This is Part 1 of our initial notes on the document.
(Part 2 is available here.)
(revised September 9, 2010)
The preamble in the August, 25, 2010 text includes 10 paragraphs, of which only 3 do not have brackets.
http://goo.gl/p6a15d
https://docs.google.com/presentation/d/1ElI6rxLsq1SAlB69bsvti1_sK6A7W7pXP6Zmn7WM_lc/pub?start=false&loop=false&delayms=3000 Continue Reading
On Tuesday, August 17, 2010, USTR organized a lunch between ACTA negotiators and civil society NGOs. There was not much notice. We received our invite to the lunch last Thursday. Representatives from KEI, Public Citizen, Oxfam, Public Knowledge and the American University program on intellectual property attended the event.
From the FDA page on the Orphan Drug Tax Credit. Incentives TAX CREDIT (See Footnote 1 below) FOR TESTING EXPENSES FOR DRUGS FOR RARE DISEASES OR CONDITIONS Introduction Section 45C of the Internal Revenue Code of 1954 allows a credit… Continue Reading
February 22, 2010., Matthew Herper, “The World’s Most Expensive Drugs,” Forbes. Genzyme’s web page on the cost of treatment. Some data points on Fabrazyme prices. 2004 prices for Replagal 2001 prices for Cerezyme. Myozyme/Lumizyme A 2007 Canadian analysis of (50… Continue Reading
Written submission U.S. Senate Committee on Health, Education, Labor, and Pensions (HELP) Hearing on Treating Rare and Neglected Pediatric Diseases: Promoting the Development of New Treatments and Cures, On the topic of Direct funding, subsidies and incentives for the development… Continue Reading
On Saturday, July 17, 2010, I said on twitter, “Apparently Luc Devigne is out as head #acta negotiator for EU.” There were a number of sources for this inside the European Union and also among other trade bodies or governments following or participating in the ACTA negotiations.
This was re-tweeted extensively, and resulted in various commentary and reporting on LucDevigne’s rule in ACTA, including speculation on the reasons for the change.
Article 2.3 of the July 1, 2010 version of the ACTA text provides for “Other Remedies” for infringement. The Japan, Switzerland and EU versions of the text appear to be overreaching, including for example by directly conflicting with explicit TRIPS provisions and provisions in the laws of ACTA negotiating countries, including several European Countries.
The July 1, 2010 ACTA text includes several provisions that would set global norms for damages, including most importantly, on pages 6 and 7, Article 2.2 on Damages. Also relevant are the provisions in Article 2.X on General Obligations with Respect to Enforcement, on page 5.
From the July 1, 2010 text of ACTA:
Article 2.X Injunctions