[Ip-health] EDRI: EU pushes for an international Anti-Counterfeiting Trade Agreement

Sat Nov 10 17:49:02 2007

I've co-written a short article on the imprecise lexicon used regarding CF =
drugs.  Some writers lump together unauthorized generics, grey market paral=
lel trade, substandard manufacturing, diverted drugs, and criminal counterf=
eits with no active ingredients.  CF is a major issue, with analytically di=
stinct sub-issues that should not be needlessly conflated.

More at this link:  Outterson, Kevin and Smith, Ryan, "Counterfeit Drugs: T=
he Good, the Bad and the Ugly" . Albany Law Journal of Science and Technolo=
gy, Vol. 15, 2006 Available at SSRN: http://ssrn.com/abstract=3D926985

Kevin Outterson
Boston University School of Law

>>
>> -----Original Message-----
>> From: ip-health-admin@lists.essential.org on behalf of Judit Rius Sanjua=
n
>> Sent: Wed 11/7/2007 6:47 PM
>> To: Ip-health@lists.essential.org
>> Subject: [Ip-health] EDRI: EU pushes for an international Anti-Counterfe=
iting Trade Agreement
>>
>>
>>  From EDRI
>>
>> EU pushes for an international Anti-Counterfeiting Trade Agreement
>> =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D
>>
>> A recent statement from the European Commission reveals that it has star=
ted
>> negotiations with US, Japan, Korea, Mexico and New Zealand to create an
>> international treaty on counterfeiting - Anti Counterfeiting Trade
>> Agreement
>> (ACTA), despite the absence of any independent data on the topic.
>>
>> The European Commission is looking for a mandate from the European Membe=
r
>> States to proceed in this endeavour, but the ball is already rolling,
>> taking
>> into consideration the almost simultaneous press statements from the US
>> Trade Representative and Canada's Minister of International Trade as wel=
l.
>>
>> But "while the claims regularly focus on health and safety risks or
>> suggestions that organized crime or terrorist groups benefit from
>> counterfeiting, the reality is that the policy prescription typically
>> includes a range of issues that have little to do with those issues", as
>> Michael Geist puts it.
>>
>> Even though the OECD estimates the losses of the international trade are
>> 3-4
>> times lower than the ones the industry has so heavily promoted, the big
>> states still have their ears open to the industry lobbists' claims.
>> EU announces that the new ACTA should build the international cooperatio=
n
>> leading to harmonised standards and a better communication between
>> authorities and should establish common enforcement practices to promote
>> strong intellectual property protection in coordination with right holde=
rs
>> and trading partners. Also it suggests "creating a strong modern legal
>> framework which reflects the changing nature of intellectual property th=
eft
>> in the global economy, including the rise of easy-to-copy digital storag=
e
>> mediums and the increasing danger of health threats from counterfeit foo=
d
>> and pharmaceutical drugs."
>>
>> In fact, it seems that the negotiations have started since mid-2006 betw=
een
>> the European Commission, Canada, US and Japan on such an agreement on
>> counterfeiting. But ACTA aims higher. US Trade Representative Susan Schw=
ab
>> explained that the negotiations would "expand upon the enforcement
>> standards
>> of the Agreement on Trade-Related Aspects of Intellectual Property Right=
s
>> (TRIPS) and countries would be encouraged to comply with other
>> international
>> IPR agreements. The goal is to set a new, higher benchmark for enforceme=
nt
>> that countries can join voluntarily."
>>
>> Or, as Michael Geist better explains it: "This treaty could ultimately
>> prove bigger than WIPO - without the constraints of consensus building,
>> developing countries, and civil society groups, the ACTA could further
>> reshape the IP landscape with tougher enforcement, stronger penalties,
>> and a
>> gradual eradication of the copyright and trademark balance."
>>
>> European Commission seeks mandate to negotiate major new international
>> anti-
>> counterfeiting pact (23.10.2007)
>> http://europa.eu/rapid/pressReleasesAction.do?reference=3DIP/07/1573
>>
>> Is ACTA the New WIPO? (24.10.2007)
>> http://www.michaelgeist.ca/content/view/2318/125/
>>
>> Top Economies To Negotiate Anti-Counterfeiting Trade Pact (24.10.2007)
>> http://www.ip-watch.org/weblog/index.php?p=3D799&res=3D1024_ff&print=3D0
>>
>> EDRI-gram: OECD finds the real piracy losses(23.05.2007)
>> http://www.edri.org/edrigram/number5.10/oecd-piracy-loss
>>
>> --
>> Judit Rius Sanjuan
>> Attorney
>> judit.rius@keionline.org
>>
>> Knowledge Ecology International (KEI)
>> www.keionline.org / www.cptech.org
>> 1621 Connecticut Ave, NW, Suite 500 Washington, DC 20009 USA
>> Tel.: +1.202.332.2670, Ext 18  Fax: +1.202.332.2673
>>
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>
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--
Judit Rius Sanjuan
Attorney
judit.rius@keionline.org

Knowledge Ecology International (KEI)
www.keionline.org / www.cptech.org
1621 Connecticut Ave, NW, Suite 500 Washington, DC 20009 USA
Tel.: +1.202.332.2670, Ext 18  Fax: +1.202.332.2673