On April 28, TACD will be holding a meeting from 9 am to 3 pm at the U.S. Department of Commerce, in Washington, DC, to discuss the proposed Anti-Counterfeiting Trade Agreement (ACTA).
KEI has issued a new research note, Comments on ACTA Provisions on Injunctions and Damages, KEI Research Note 2010:1, dated April 6, 2010.
In looking at how enforcement norms are being changed in ACTA, it is helpful to review the enforcement chapter of NAFTA.
Just in case anyone does not appreciate how difficult it will be to change the USTR direction on ACTA, note that today the USTR proudly put this letter on the USTR Blog:
http://www.ustr.gov/about-us/press-office/blog/2010/march/new-information-ustrgov/acta
(Maybe best to first skip down to see who signed it).
March 22, 2010
The Honorable Barack Obama
President of the United States
The White House
1600 Pennsylvania Avenue, NW
Washington, D.C. 20500
When I first heard David Mann representing the World Blind Union at the information session of November 2003 SCCR, call for the “creation of international agreements which would allow the unhindered transfer of accessible material created in one country to blind and partially sighted people in another country”, I did not know that this issue had been the subject of a WIPO/UNESCO report in 1983, which had then proposed Model Provisions Concer Continue Reading
KEI has access to a recent draft of ACTA. Chapter One, Section B of the agreement provides for “General Definitions.” It is interesting that the term “counterfeits” does not have a general definition. The ten defined terms include:
KEI has access to yet undisclosed sections of the negotiating ACTA text. The text is organized in 6 chapters. The longest is Chapter 2 on “legal framework for enforcement of intellectual property rights.” The second longest is Chapter 5, on “Institutional Arrangements.” In ten pages of text, the ACTA negotiators have set out a plan to create a new institution to administer, implement and modify ACTA. Continue Reading
Below are asks from the 2010 PhRMA submission to the USTR Special 301 list on the topic of drug pricing and reimbursement decisions, and described as ‘Market Access Barriers.’ In its assertions, PhRMA attack countries for government price negotiations, making use of reference pricing, the insufficient involvement of pharmaceutical companies in setting government pricing policies and the composition of drug formularies, among other things.
CHINA
2010
Emanuel, the brother of US presidential adviser Rahm, said the industry was talking to the US government in a bid to introduce a “three strikes and you’re out” law to govern illegal downloading.
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