[Ip-health] Infojustice Roundup - October 24, 2011

Michael Palmedo mpalmedo at wcl.american.edu
Mon Oct 24 14:46:41 PDT 2011

Infojustice Roundup 
Intellectual Property and the Public Interest


Ninth Round of Trans Pacific Partnership Negotiations Underway; New
Negotiating Texts Leaked


Officials from the nine countries negotiating the Trans Pacific
Partnership (TPP) are meeting this week in Lima, Peru, and will work on
the agreement's intellectual property chapter.  A new section of the
U.S.-proposed intellectual property chapter has been leaked, including
subsections requiring patent extensions, linkage and data exclusivity,
and outlining the "access window" vaguely described in the September
USTR white paper.  Another leaked U.S.-proposed text regarding
pharmaceutical pricing would require TPP countries to "appropriately
recognize the value" of pharmaceutical patents when determining
reimbursement levels. The leaked texts, analyses by PIJIP and others,
letters from U.S. legislators, and commentary by civil society are
available at the infojustice resource page on the TPP
<http://infojustice.org/resource-library/trans-pacific-partnership> .  


Open Access Week  


October 24 is the start of the fifth annual Open Access Week held to
"celebrate the global movement towards Open Access (OA) to research and
scholarship."  The week is spearheaded by the Scholarly Publishing and
Academic Research Organization and sponsored by the Public Library of
Science and Springer Open.  There will be events worldwide organized by
over 2000 open access advocates.  More information is available at:


Joint Letter to World Health Organization Working Group from 55 Civil
Society Groups Warns of Confusion Over Meaning of "Counterfeits"


In advance of the upcoming meeting of the World Health Organization
Working Group on
Substandard/Spurious/Falsified/Falsely-Labeled/Counterfeit (SSFFC)
Medical Products, 55 civil society groups have written its Chairperson
to highlight concerns with overuse and misuse of the term "counterfeit."
The term has been frequently used to refer to unsafe medical products,
resulting in confusion and offering "a convenient route for proponents
of an extended IP agenda to press for inappropriate IP enforcement
standards in developing countries under the false premise that such
standards will deliver quality assured pharmaceuticals to the people."
The letter also urges the World Health Organization to disassociate
itself from the International Medical Products and Anti-Counterfeiting
Taskforce (IMPACT). Click here for more.


Four Congressional Democrats Write USTR Ron Kirk on the TPP and Access
to Medicines


Representatives Levin, Waxman, McDermott and Conyers have written U.S.
Trade Representative Ron Kirk to "underscore the importance of upholding
the U.S. commitment to advancing an agreement that safeguards access to
medicines in the developing world."  Specifically, the letter asks USTR
not to backtrack from the 2007 "May 10" policy on IP and healthcare -
which set limits on certain TRIPS Plus intellectual property provisions
relating to data exclusivity, patent extensions and linkage.  The letter
also warns that "some of the goals and approaches described as part of
the new strategic initiative Trade Enhancing Access to Medicines (TEAM)
could limit, rather than expand, access to medicines in poor countries."
Click here for more. <http://infojustice.org/archives/5850> 


FFII Seeks Opinion on ACTA from the European Parliament's Civil
Liberties Committee


The Foundation for a Free Information Infrastructure (FFII) has written
the European Parliament's Committee on Civil Liberties, Justice and Home
Affairs, asking it to form an official opinion on ACTA.  The letter
references the EU Academics letter arguing that ACTA is inconsistent
with EU law; the European Parliament International Trade Committee study
showing the same and concluding that ACTA would have "no immediate
benefit" for EU citizens; and the Greens/EFA Group study highlighting
the clash between ACTA and the European Convention on Human Rights and
the EU Charter of Fundamental Rights.  Click here for more.


Senator Wyden Writes President Obama on the Need for Congressional
Approval of ACTA


On October 13, Senator Wyden released a letter to President Obama
challenging USTR's claimed authority to bind the U.S. to ACTA without
Congressional consent, based on the assertion that ACTA would not
require changes to U.S. law. Wyden's letter states that "It may be
possible for the U.S. to implement ACTA or any other trade agreement,
once validly entered, without legislation if the agreement requires no
change in U.S. law.  But, regardless of whether the agreement requires
changes in U.S. law, a point that is contested with respect to ACTA, the
executive branch lacks the authority to enter a binding international
agreement covering issues delegated by the Constitution to Congress'
authority, absent Congressional approval." Click here for more.


Proposal for Agreement on the Supply of Knowledge As a Public Good


An IP Watch story describes a panel at the WTO Public Forum last month
hosted by Knowledge Ecology International and IQ Sensato, which
discussed a proposed "Agreement on the Supply of Knowledge as a Public
Good." According to KEI Director James Love, the proposal "combines
voluntary offers with binding commitments by governments to increase the
supply of heterogeneous public goods. It would be analogous to existing
WTO commitments to reducing tariffs, subsidies, or liberalising
services."  A draft agreement may be ready by March 2012. Click here for
the IP Watch Story.


Events and Deadlines


-          October 25 - Current Directions in Open and Public Access

-          October 26 - Deadline to submit comments to USTR for its out
of cycle review of notorious markets

-          October 29-30 - Universities Allied for Essential Medicine
Annual Conference <http://essentialmedicine.org/conference/> 

-          October 29-30 - Building Digital Commons

-          November 9-10 - Berlin 9 Open Access Conference:  The Impact
of Open Access on Research and Scholarship

-          November 18 - Intellectual Property Rights and the Global
Civil Society Reform Project: What's Next? London School of Economics
and Political Science

-          November 19-20 - Socially Responsible Licensing: Achieving
Social Equity through Voluntary Licensing.  Hosted by Boston University
and Warwick University.






More information about the Ip-health mailing list