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Program on Information Justice and Intellectual Property
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Problematic Provisions in African Anticounterfeiting Legislation

photo from NASA / USGS

Recent Intellectual Property (IP) legislative acts in the East African Community threaten generic medicines producers with large fines and imprisonment. The Kenyan Anti-Counterfeit Law of 2009, as well as bills that Uganda and the East African Community Legislative Assembly are currently considering, define ‘counterfeit’ so broadly that it includes generic products.

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Border Provisions in the Joint Japan-US Proposal for ACTA Require Seizures for Broad Range of Products, Not Just Counterfeits

CC License - photo by tobo.

The Japan-US Joint proposal for the Anticounterfeiting Trade Agreement includes provisions that enable border guards to seize certain goods, either at the request of IP owners, or on their own. Under the proposal, goods other than counterfeits may be seized.

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Pointing the Finger at Big Pharma - Dutch Seizure of Generic Medicines

Treatment and trade activists and developing countries are justly outraged at the decision of Dutch customs authorities to seize a cargo of 500 kilos of Losartan Potassium that was in transit in Rotterdam while on route from India to Brazil. The production of this API in India is completely lawful, as it is not under patent there, and its use in the formulation of medicines in Brazil is also lawful because there is no valid patent on the API or the final product in Brazil either. So, why did the Dutch customs officials have any even colorable jurisdiction to seize this in-transit shipment?

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Details Emerge of Secret ACTA Negotiation

There are plans for the next ACTA negotiation to take place in Rabat, Morocco. However, since none of the Obama trade people have been placed at USTR, this might be delayed. USTR is still maintaining secrecy over details of the negotiation, including the names of participants and all of the proposed texts for negotiations. Despite this, KEI has obtained some documents related to the negotiations. We can report the following...

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Moving Forward After the WTO Panel Report in the US-China IP Enforcement Dispute

While interesting to see how this is framed by the Financial Times, I would reiterate what some are already saying which is that the US lost on the parts of the case that really mattered to it, which were whether China's enforcement practices were non-TRIPS compliant, especially where criminal sanctions for commercial scale infringement was concerned.

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WTO Issues Panel Report in Dispute Brought Against China by the US Over Enforcement of Intellectual Property Rights

The WTO has issued a panel report in China — Measures Affecting the Protection and Enforcement of Intellectual Property Rights, a dispute brought by the United States last year. News reports indicate that the panel report is a split decision.

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At Department of Commerce Meeting on ACTA, Questions About Limitations and Exceptions

The Department of Commerce hosted a public meeting on the Anti-Counterfeiting Trade Agreement. One reoccurring theme was that it would raise the minimum standards of enforcement to TRIPS-Plus levels, but it will not include limitations or exceptions to copyright that prevent against overzealous IP enforcement.

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The Unrolling Enforcement Agenda

TRIPS enforcement provisions are not sufficient for strong-IPR proponents in developed countries who are simultaneously advocating TRIPS-Plus obligations on many fronts. A new wave of domestic legislation to strengthen the enforcement of intellectual property in the US is corresponding with a worldwide collaboration between the private sector, governments and intergovernmental agencies to set international TRIPS-Plus norms.

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USTR Posts ACTA Comments Online

Negotiations for the Anti-Counterfeiting Trade Agreement have been highly secretive, and no draft text has been released. Recently, however, the US Trade Representative made public the input it received in response to its request for comments.

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Negotiations for an Anti-Counterfeiting Trade Agreement raise concerns

The US, EU and eleven other developed countries have initiated talks to form an Anti-Counterfeiting Trade Agreement (ACTA). The talks have been confidential, and no formal text is available, but a “Discussion Paper” circulated among participants was leaked and is now available on the web.

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Enforcement of Intellectual Property

Closed Door - CC LicenseAnti-Counterfeiting Trade Agreement (ACTA)

The Anti-Counterfeiting Trade Agreement (ACTA), under negotiation by the US, EU, Japan, and a handful of other developed countries, would establish an international norm of TRIPS-Plus intellectual property enforcement. Negotiations have been highly secretive, though in April 2009 the negotiating text circulated by the US and Japan was leaked to the public.

 

World Health Organization - 80pxWHO International Medical Products Anti-Counterfeiting Taskforce (IMPACT)

The World Health Organization launched the International Medical Products
Anti-Counterfeiting Taskforce (IMPACT) in 2006 with the stated goal of forging
international collaboration against the growing health risks posed by counterfeit medicines. Health advocates have questioned why a health body should trademark and copyright enforcement activities.

 

Ship - CC licenseSurvey of International Efforts to Strengthen Enforcement

Many overlapping efforts to strengthen the enforcement of IP have sprung up in recent years. These include ACTA, as well as initiatives within the World Health Organization, the World Customs Organization, APEC, the G8 and the Global Congress Combating Counterfeiting and Piracy. Domestic legislation has been introduced in nations as varied as the US and Kenya, and industry initiatives that compliment these broader efforts.

 

ustrSpecial 301 Watch

PIJIP is creating a new project to analyze US bilateral trade pressures against countries perceived to have inadequate intellectual property protection. The US Trade Representative annually outlines its grievances against other countries in the Special 301 Report, which is highly influenced by industries seeking higher levels of copyright, patent, trademark, and other IP protection.

 

Capitol - CC LienseUS Legislation to Strenthen Enforcement of Intellectual Property

Bills in the 110th Congress to strengthen the enforcement of intellectual property included S. 3325, the Enforcement of Intellectual Property Rights Act. This legislation would authorize the US AG to enforce civil copyright laws; strengthen penalties against noncommercial copiers; and coordinate federal efforts against counterfeiting and piracy through the creation of an "IP Czar."

 

Jail CellBackground and Scholarly Articles

There is a growing body of literature on the industry-driven agenda to strengthen intellectual property enforcement. This page begins to survey this literature.

 


Photo of jail cell by kangotraveler. Photo of closed door by airnos. Photo of ship at port by futureatlas.com. Photo of US Capitol building by ucumari.
 
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