[Ip-health] Senators Sanders and Brown write to Kappos at USPTO, ask if ACTA is consistent with US law

James Love james.love at keionline.org
Tue Oct 19 15:31:15 PDT 2010


http://keionline.org/node/987

Senators Sanders and Brown write to Kappos at USPTO, ask if ACTA is
consistent with US law

19 Oct 2010

On October 19, 2010, Senators Bernard Sanders (I-VT) and Sherrod Brown
(D-OH) have written to David Kappos, the Director of the USPTO, asking
for an assessment of conflicts between the October 2010 ACTA text, and
U.S. law.

The letter, attached here [1], focuses on the following ACTA articles

Article 2.X: Injunctions
Article 2.2: Damages
Article 2.3: Other Remedies
Article 2.X: Border Measures

The letter also identifies several areas for attention, including:

State sovereign immunity
As established by the U.S. Supreme Court in Florida Prepaid
Postsecondary Education Expense Board v. College Savings Bank [2], and
subsequent case law

Patents
35 USC 271(e)(6)(B-C) - Non-disclosed biological product patents
35 USC 287 (c), regarding infringement by medical practitioners

Trademarks
15 USC 114 (2)

Copyrights
17 USC 512

Source URL: http://keionline.org/node/987
Links:
[1]
http://keionline.org/sites/default/files/senator_sanders_brown_kappos_19oct2010.pdf
[2] http://www.law.cornell.edu/supct/html/98-531.ZS.html






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