Original news and analysis on international IP policy
The Obama administration's recent signing of the Anti-Counterfeiting Trade Agreement may face a US constitutional challenge as a member of the US Senate today called into question the administration's power to negotiate and enter into such a trade agreement without Congress's approval.
As some developed countries prepared to ink a secret plurilateral trade agreement against rampant global piracy and counterfeiting in recent days, leading emerging economies and non-governmental groups warned the World Intellectual Property Organization that such outside agreements need to respect broader societal impacts of IP rights enforcement or risk abuses of international rules on trade and development.
The Office of the US Trade Representative this week released a position paper on medicines and trade, in the midst of a controversial negotiation for a trade agreement with Pacific-bordering nations. The USTR "white paper" was billed as trade goals to enhance access to medicines, but stirred sharp criticism from public interest groups which found its claims of promoting medicines access for the poor disingenuous.
The Anti-Counterfeiting Trade Agreement negotiated last year will be open for signature for two years, until the first of May 2013. But while this looks like a long time, it likely will be needed by the 37 negotiating governments (including the United States, Japan, South Korea and the 27 European Union members) to iron out problems on their way to implementing what some rights owners welcomed as a possible new “gold standard” for the enforcement of intellectual property rights.
The Anti-Counterfeiting Trade Agreement (ACTA) under negotiation by a group of countries including those in the European Union is more ambitious than current EU law and risks problems for access to medicines, concluded a recent study commissioned by the European Parliament Committee on International Trade. But the study stops short of calling for a flat rejection of the agreement.
The largest United States industry association continues to push for the Trans-Pacific Partnership agreement (TPP) to be the model of the highest intellectual property rights standards of any US agreement, matching the US-Korea free trade agreement.
Civil society groups say a leaked document from regional free trade negotiations between countries bordering the Pacific Ocean shows the United States favouring giant pharmaceutical companies at the expense of public health. Separately, the tobacco industry is allegedly also trying to push for a clause to prevent plain packaging.
The Organisation for Economic Co-operation and Development (OECD) today published a communiqué on principles for internet policy-making slanted toward intellectual property enforcement after fending off efforts by public interest groups to soften some of its edges.
The Mexican Senate this week approved a resolution rejecting the secretly negotiated Anti-Counterfeiting Trade Agreement, citing absence of inclusion in the negotiations, potential negative impact on internet users' access to knowledge, freedom of expression and other concerns.
A new "final" text of the secretive but potent Anti-Counterfeiting Trade Agreement (ACTA) has been published by the European Commission, according to the Foundation for Free Information Infrastructure (FFII).