KEI to appeal USTR rejection of FOIA of Congressional Research Service (CRS) study of ACTA

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

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UN Rapporteur for the Right to Health asked to intervene in the TPP negotiation

The following groups and individuals have written to Anand Grover, the Special Rapporteur for the United Nations on the right of everyone to the enjoyment of the highest attainable standard of health, to lodge a complaint about the Trans Pacific Partnership (TPP). The TPP is a regional free trade agreement being negotiated by the governments of Brunei, Chile, New Zealand, Singapore, Australia, Malaysia, Peru, Vietnam and the United States.

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Note on use of Orphan Drug Act to increase price of hydroxyprogesterone caproate from $10 to $1,500 per dose

(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.

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Patents and Doctors, and the USTR TPP text

The recently obtained US draft text for the intellectual property rights chapter for the Trans-Pacific Partnership Agreement (TPP) contains provisions that go far beyond the requirements of international agreements as well as the standards of US law itself. One particular area of concern involves the broad definition of patent eligible subject matter that fails to provide for any exception from patentability for surgical methods or procedures. Nor does the draft language contain any exception for the enforcement of surgical method patents. Continue Reading

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United States Patent and Trademark Office’s “Humanitarian Pilot Proposal.” Comments by KEI, MSF, Oxfam, PC and UAEM

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: https://www.keionline.org/node/1074

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Interview with David Hammerstein regarding negotiations on WIPO treaty for persons who are blind or have other disabilities

David Hammerstein is a former Member of the European Parliament from Spain. He now works for the Trans-Atlantic Consumer Dialogue (TACD). Among other things, he is an advocate for a new WIPO copyright treaty for persons who are blind or have other disabilities. The following is an interview with David, carried out from March 3 to March 6 by email.

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