[Ip-health] Last call: Stop secret treaty threatening generics (ACTA)]

Tue Sep 9 10:50:14 2008

Sarah and all,

  Please sing me up.  As I do hold proxy for such events for our
members, please consider them on board as well...

Sarah Rimmington wrote:

> We now have 106 endorsements (65 organizations and 41 individuals) for
> the sign-on letter re the Anti-Counterfeiting treaty, which may threaten
> access to generic meds globally. The list is below the intro note and
> draft letter, below. If you would like to endorse the letter, please
> send me a note by Monday September 8, 2008 (or even very early Tuesday
> morning, EST)!
> Sarah
>
> Dear Friends,
>
> The United States, the European Union, Japan, South Korea, Canada,
> Mexico, Australia and New Zealand are now negotiating a new treaty known
> as the Anti-Counterfeiting Trade Agreement (ACTA).
>
> The text of what they are negotiating remains secret, but there's a lot
> to be worried about. An over-reaching treaty in this field could
> undermine access to low-cost generic medicines, require Internet Service
> Providers (ISPs) to monitor all consumers' Internet communications, and
> interfere with fair use of copyrighted materials, among many other danger=
s.
>
> Does the proposed ACTA contain provisions that would result in these
> harmful effects?
>
> There's no way to know, because the treaty text remains secret. There is
> no legitimate rationale for such secrecy, which denies people around the
> world an opportunity to comment on and influence the negotiations.
>
> We are asking organizations and individuals from around the world to
> sign on to a letter to ACTA negotiators, asking that they immediately
> make public the draft text of the treaty. The text of the letter, with
> initial signatories, is below.
>
> If you would like to sign the letter, please send your name, affiliation
> (if any), city/country and email address to Sarah Rimmington of
> Essential Action at: <srimmington@essentialinformation.org>. Please
> specify if you are signing in your individual capacity or on behalf of
> an organization. **Pleaase note: Our deadline for accepting signatures
> is Wednesday, August 20, 2008.**
>
> For open and accountable government,
>
> Robert Weissman and Sarah Rimmington,
> Essential Action
>
> ---
>
> For more on ACTA, see:
>
> <http://www.keionline.org/index.php?option=3Dcom_content&task=3Dview&id=
=3D187>
>
> <http://www.publicknowledge.org/issues/acta>
>
> <https://secure.eff.org/site/Advocacy?JServSessionIdr009=3Dm5722xgyi2.app=
2a&cmd=3Ddisplay&page=3DUserAction&id=3D383>
>
> <http://ipjustice.org/wp/campaigns/acta/>
>
> <http://www.michaelgeist.ca/tags/acta>
>
> ---
>
> LETTER TO ANTI-COUNTERFEITING TRADE AGREEMENT NEGOTIATORS
>
> Dear [Negotiator],
>
> We are writing to urge the negotiators of the Anti-Counterfeiting Trade
> Agreement to agree to publish immediately the draft text of the
> agreement, as well as pre-draft discussion papers (especially for
> portions for which no draft text yet exists), before continuing further
> discussions over the treaty. We ask also that you publish the agenda for
> negotiating sessions and treaty-related meetings in advance of such
> meetings, and publish a list of participants in the negotiations.
>
> There is no legitimate rationale to keep the treaty text secret, and
> manifold reasons for immediate publication.
>
> The trade in products intended to deceive consumers as to who made them
> poses important but complicated public policy issues. An overbroad or
> poorly drafted international instrument on counterfeiting could have
> very harmful consequences. Based on news reports and published material
> from various business associations, we are deeply concerned about
> matters such as whether the treaty will:
>
> * Require Internet Service Providers to monitor all consumers' Internet
> communications, terminate their customers' Internet connections based on
> rights holders' repeat allegation of copyright infringement, and divulge
> the identity of alleged copyright infringers possibly without judicial
> process, threatening Internet users' due process and privacy rights; and
> potentially make ISPs liable for their end users' alleged infringing
> activity;
>
> * Interfere with fair use of copyrighted materials;
>
> * Criminalize peer-to-peer file sharing;
>
> * Interfere with legitimate parallel trade in goods, including the
> resale of brand-name pharmaceutical products;
>
> * Impose liability on manufacturers of active pharmaceutical ingredients
> (APIs), if those APIs are used to make counterfeits -- a liability
> system that may make API manufacturers reluctant to sell to legal
> generic drug makers, and thereby significantly damage the functioning of
> the legal generic pharmaceutical industry;
>
> * Improperly criminalize acts not done for commercial purpose and with
> no public health consequences; and
>
> * Improperly divert public resources into enforcement of private rights.
>
> Because the text of the treaty and relevant discussion documents remain
> secret, the public has no way of assessing whether and to what extent
> these and related concerns are merited.
>
> Equally, because the treaty text and relevant discussion documents
> remain secret, treaty negotiators are denied the insights and
> perspectives that public interest organizations and individuals could
> offer. Public review of the texts and a meaningful ability to comment
> would, among other benefits, help prevent unanticipated pernicious
> problems arising from the treaty. Such unforeseen outcomes are not
> unlikely, given the complexity of the issues involved.
>
> The lack of transparency in negotiations of an agreement that will
> affect the fundamental rights of citizens of the world is fundamentally
> undemocratic. It is made worse by the public perception that lobbyists
> from the music, film, software, video games, luxury goods and
> pharmaceutical industries have had ready access to the ACTA text and
> pre-text discussion documents through long-standing communication channel=
s.
>
> The G8's recent Declaration on the World Economy implored negotiators to
> include ACTA negotiations this year. The speed of the negotiations makes
> it imperative that relevant text and documents be made available to the
> citizens of the world immediately.
>
> We look forward to your response, and to working with you toward
> resolution of our concerns.
>
> Sincerely,
>
> [List in Formation]
>
> **Organizations**
>
> Act Up East Bay
> Oakland, CA, USA
>
> Act Up Paris
> Paris, France
>
> African Underprivileged Children's Foundation (AUCF)
> Lagos, Nigeria
>
> AIDS Access Foundation
> Thailand
>
> American Medical Student Association
> Reston, VA, USA
>
> ASEED Europe
> Amsterdam, The Netherlands
>
> Australian Digital Alliance
> Kingston, Australia
>
> Australian National University
> Canberra, Australia
>
> Australian Privacy Foundation
> Sydney, Australia
>
> Bharatiya Krishakn Samaj
> New Delhi, India
>
> The Canadian HIV/AIDS Legal Network
> Toronto, Canada
>
> The Canadian Internet Policy & Public Interest
> Clinic (CIPPIC)
> University of Ottawa, Faculty of Law
>
> The Canadian Library Association
> Ottawa, Canada
>
> Center for Democracy and Technology
> Washington, DC
>
> Center for Digital Democracy
> Washington, DC
>
> The Center for Women's Culture & Theory
> Korea
>
> Christian Media Network
> Korea
>
> CHOICE (Australian Consumers Association)
> Marrickville, Australia
>
> Consumentenbond
> The Hague, Netherlands
>
> Consumer Action
> San Francisco, CA, USA
>
> Consumer Federation of America
> Washington, DC, USA
>
> Consumers Union. Publisher of Consumer Reports
> Yonkers, NY, USA
>
> Consumers Union of Japan (ihon Shohisha Renmei)
> Tokyo, Japan
>
> La Corporacion Opcion por el Derecho a Ser y el Deber de Hacer, NIT
> Bogot=E1, Colombia
>
> Corporate Europe Observatory
> Amsterdam, The Netherlands
>
> Cultural Action
> Korea
>
> Electronic Frontier Foundation
> San Francisco, CA, USA
>
> Electronic Frontiers Australia
> Adelaide, Australia
>
> The Electronic Privacy Information Center (EPIC)
> Washington, DC, USA
>
> Essential Action
> Washington, DC, USA
>
> European AIDS Treatment Group (EATG)
> Brussels, Belgium
>
> Foreign Policy in Focus
> Institute for Policy Studies
> Washington, DC
>
> Foundation For Consumers (FFC)
> Thailand
>
> Foundation for Media Alternatives
> Philippines
>
> Free Press
> Washington, DC, USA
>
> Global Trade Watch
> Washington, DC USA
>
> Gram Bharati Samiti Society for Rural Development
> Amber, India
>
> Gyeonggi NGO Network
> Korea
>
> Health Action International (HAI) =96 Asia Pacific
> Colombo, Sri Lanka
>
> Health Action International (HAI) =96 Europe
> Amsterdam, The Netherlands
>
> Health Action International (HAI) =96 Global
> Amsterdam, The Netherlands
>
> Health Action International =96 Latin America & Caribbean
> Lima, Per=FA
>
> Health GAP (Global Access Project)
> Philadelphia, PA, USA
>
> Information & Culture Nuri for the Disabled
> Korea
>
> International Federation of Library Associations and Institutions (IFLA)
> The Hague, Netherlands
>
> IP Justice
> San Francisco, CA, USA
>
> IPLeft
> Seoul, Korea
>
> Knowledge Ecology International (KEI)
> Washington, DC, USA
>
> Korean Progressive Network Jinbonet
> Seoul, Korea
>
> Labour, Health and Human Rights Development Centre
> Lagos, Nigeria
>
> Lawyers Collective HIV/AIDS Unit
> India
>
> Media Access Project
> Washington, DC, USA
>
> La Mesa de ONGs Con Trabajo en VIH/SIDA
> Bogot=E1, Colombia
>
> National Consumer Council (NCC)
> London, UK
>
> People's Coalition for Media Reform
> Seoul, Korea
>
> Positive Malaysian Treatment Access & Advocacy Group (MTAAG+).
> Malaysia
>
> Privacy Activism
> USA
>
> Privacy Rights Clearinghouse
> San Diego, CA, USA
>
> Public Knowledge
> Washington, DC, USA
>
> Social movement to combat private media ownership and enhance public medi=
a
> Korea
>
> Swisslinux.org
> Mayens-de-Chamoson, Switzerland
>
> The Transparency and Accountability Network
> New York, NY, USA
>
> Third World Network
> Malaysia
>
> Universities Allied for Essential Medicines (UAEM)
> Berkeley, CA, USA
>
> U.S. Public Interest Research Group (PIRG)
> Washington, DC, USA
>
> **Individuals**
>
> Jamie Acosta
> Miami, FL, USA
>
> Jennifer Bruenger
> Reference Librarian & Education Program Coordinator
> Linda Hall Library of Science, Engineering & Technology
> Mission, KS, USA
>
> Sae-Rom Chae
> University of Illinois at Chicago College of Medicine
> Chicago, IL, USA
>
> Sylvia Caras
> Santa Cruz, CA, USA
>
> Jeff Chester
> Executive Director
> Center for Digital Democracy
> Washington, DC USA
>
> Don Christie
> President
> New Zealand Open Source Society
>
> Mark R. Costa
> Clay, NY, USA
>
> Chris Curry
> MD/PhD Candidate
> Loyola University Chicago
> Forest Park, IL, USA
>
> Anke Dahrendorf (LL.M.)
> Junior Researcher, International and European Law
> University of Maastricht
> Maastricht, The Netherlands
>
> Professor Peter Evans
> Department of Sociology
> University of California, Berkeley, USA
>
> John Dillon
> Program Coordinator
> KAIROS: Canadian Ecumenical Justice Initiatives
> Toronto, Canada
>
> Thomas Alured Faunce
> Assoc. Professor, College of Law
> Assoc. Professor, Medical School, College of Medicine and Health Sciences
> Australian National University
> Canberra, Australia
>
> Professor Brian Fitzgerald
> Professor of Intellectual Property and Innovation
> Law Faculty
> Queensland University of Technology
> Brisbane, Australia
>
> Sean Flynn,
> Associate Director
> Program on Information Justice and Intellectual Property
> American University Washington College of Law
> Washington DC, USA
>
> Maurice J. Freedman
> Past President, American Library Association
> Mount Kisco, Ny, USA
>
> Michael Geist
> Canada Research Chair in Internet and e-commerce Law
> University of Ottawa
> Ottawa, Canada
>
> Jonathan Walter Giehl
> Ocala, Florida, USA
>
> Mark W. Heffington, M.D.
> Cashiers, NC, USA
>
> Matthew Herder
> Visiting Professor of Law
> Loyola University Chicago
> Chicago,IL,  USA
>
> Ellen =91t Hoen , LLM
> Campaign for Essential Medicines
> Medecins sans Fronti=E8res (Doctors without Borders)
> Geneva, Switzerland
>
> Dr. KR John
> Dept. of Community Health
> Christian Medical College
> Vellore, India
>
> Alison Katz
> Member
> People=92s Health Movement and Centre Europe Tiers Monde
> Geneva, Switzerland
>
> Adam M Kost
> Student
> University of Illinois at Chicago College of Medicine
> Chicago, IL, USA
>
> Nicholas J. Lusiani
> International Network for Economic, Social and Cultural Rights
> ESCR-Net / Red-DESC / R=E9seau-DESC
> New York, NY, USA
>
> Hamish MacEwan
> Open ICT Consultant
> Wellington, New Zealand
>
> Eduardo Mayorga
> ALAFAR
> Quito, Ecuador
>
> Ibraheem Naeem
> Medical student
> Lahore, Pakistan
>
> Dr. Pat Neuwelt
> Public Health Physician and Professor
> Mt Albert, Auckland, New Zealand
>
> Ahti Otala
> Espoo, Finland
>
> Frank Ottey
> Media, PA, USA
>
> Kevin Outterson
> Associate Professor of Law & Director of the Health Law Program
> Boston University School of Law
>
> A. Sankar
> Executive Director
> EMPOWER
> Tuticorin, India
>
> Dr Canan Sargin, MD
> UNICEF
> Ankara, Turkey
>
> Professor Susan K. Sell
> George Washington University
> Washington, DC USA
>
> Aaron Shaw
> Berkman Center for Internet and Society
> Harvard University
> Cambridge, Massachusetts, USA
>
> Dr. Mira Shiva, M.D.
> People's Health Initiative, India
>
> Dr. Vandana Shiva
> Navdanya, India
>
> Wilma Teran
> Pharmaceutical Biochemist, Public Health
> Platform on Access to Medicines and Intellectual Property
> La Paz, Bolivia
>
> Mike Waghorne
> Esquibien, France
>
> Professor Kimberlee Weatherall
> TC Beirne School of Law
> The University of Queensland
> Brisbane, Australia
>
> Patricia Whelehan, Ph.D
> Professor, Anthropology
> State University of New York-Potsdam
> Potsdam, NY, USA
>
> ---
>
> (Attachment to Sign-on Letter):
>
> OPENNESS IN TRADE AND OTHER MULTILATERAL NEGOTIATIONS
>
> Negotiating texts are commonly made public in multilateral trade
> negotiation, although some trade negotiations are characterized by secrec=
y.
>
> Examples of negotiations where texts are or were made public include:
>
> * The current Doha Round negotiations at the World Trade Organization;
>
> http://www.wto.org/english/tratop_e/dda_e/dda_e.htm
>
> * The Free Trade Area of the Americas;
>
> http://www.ftaa-alca.org/FTAADraft03/Index_e.asp
>
> * The Multilateral Agreement on Investment (although initial texts were
> not made public)
>
> http://www.oecd.org/document/35/0,3343,en_2649_33783766_1894819_1_1_1_1,0=
0.html
>
> * Draft text at the World Health Organization, where resolutions are
> published in advance of consideration and treaty or treaty-like
> negotiations are handled openly, including this example of follow-on
> negotiations for the Framework Convention on Tobacco Control:
>
> http://www.who.int/gb/fctc/
>
> * The World Intellectual Property Organization, including this example
> of a draft Treaty on the Protection of Broadcasting Organizations:
>
> http://www.wipo.int/meetings/en/doc_details.jsp?doc_id=3D57213
>
> --
> Sarah Rimmington
> Attorney
> Essential Action, Access to Medicines Project
> Washington, DC
> Tel: (202) 387-8030
> Cell: (202) 422-2687
> www.essentialaction.org/access/
>
> _______________________________________________
> Ip-health mailing list
> Ip-health@lists.essential.org
> http://lists.essential.org/mailman/listinfo/ip-health

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