USTR Docket for Public Comments on "Notorious Markets"

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The Special 301 process is now heating up. USTR has an open docket on the Thailand out of cycle review and also a separate docket on its identification of “notorious markets” for infringement. The latter includes online markets. See http://bit.ly/gF8ZH1 for the fine comments from Public Knowledge. PK rightly criticizes the shift of USTR from being a trade agency to increasingly being a (unilateral) foreign law enforcement agency. A role it is “unsuited to.”

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Commerce Secretary Locke Lobbies for Gilead in India

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The U.S. Secretary of Commerce has written the Indian Minister of Commerce and Industry to weigh in on Gilead’s patent application. Gilead’s Indian patent application for the antiretroviral drug tenofovir (Viread) was rejected last year on the grounds that it is a derivative of a known substance that did not demonstrate greater efficacy than known substances, and it was therefore ineligible for patentability under Indian law.

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December 3 Text of ACTA is Released

Thanks to the Foundation for a Free Information Infrastructure (FFII) for pointing out that the Austrlaian Department on Foreign Affairs and Trade has released a new version of ACTA, online at http://www.dfat.gov.au/trade/acta/Final-ACTA-text-following-legal-verification.pdf FFII also has published documents that compare earlier versions of the text to the new ones, showing the changes

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Leaked New Zealand Position Paper Rejecting TRIP-Plus IP Provisions in TPP

We have been hearing for some time that New Zealand has been opposed to including TRIPS Plus intellectual property provisions in the Trans Pacific Partnership Agreement. Here is the leaked paper containing that position. http://citizen.org/Page.aspx?pid=4688.

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Thailand's Special 301 'Out of Cycle Review' - Info on Closed Meeting & USTR Request for Comments

Yesterday the Royal Thai Embassy and the American Enterprise Institute co-hosted an off-the-record meeting about intellectual property in Thailand. The meeting was called because the U.S. Trade Representative is currently conducting an out-of-cycle review of Thai intellectual property, which will be used to determine the placement of Thailand on future Special 301 lists.

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PIJIP Professor Sean Flynn to Give Keynote on ACTA at Interface 10

PIJIP Associate Director Sean Flynn will give the keynote address at Interfaces 10, a conference on law and technology issues held at FGV university in Rio de Janeiro December 2-3, 2010. Flynn's address will discuss the current clash in international intellectual property law making between a "development agenda" promoted by developing countries and an "enforcement agenda" promoted by the world's richest nations.

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TPP Rounds Released

Malaysia's Ministry of International Trade and Industry has released the Trans Pacific Partnership (TPP) negotiation schedule. The next meeting will be held in Auckland from 6 - 11 December 2010. There will be five more negotiating rounds through 2011. The TPP will be the first free trade agreement negotiated by the Obama Administration.

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Second Circuit Court of Appeals Strikes Down Vermont Law on the Sale of Prescriber Data

The Second Circuit Court of Appeals has reversed an earlier decision that upheld the constitutionality of a Vermont law banning the sale of prescription records for marketing purposes. PIJIP Professor Flynn and Attorney Meredith Jacob filed a brief in support of the law in September 2009, arguing that the sale of prescription records does not constitute protected speech.

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Uganada Revises Anticounterfeiting Legislation

On September 27, 2010, Uganda released a new version of its Anti-Counterfeiting Legislation. Older versions of the law had been released previously and were criticized by patient advocacy groups who pointed to provisions that would impede the trade of non-counterfeit generic medicines. This version seeks to address some of the criticisms, but problems remain.

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Forum on Democracy and Trade Raises Concerns that ACTA Will Preempt State Common Law on Trade Secrets and Other IP

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Yesterday, Dana Eidsness, the Director of the Forum on Democracy and Trade wrote US Trade Representative Ron Kirk expressing concerns that ACTA could preempt state common law on IP. The letter to Kirk lists several areas where state law and ACTA could clash.

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