On behalf of over 300,000 of our supporters and activists across the nation, CFIF has written the following…
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CFIF to U.S. Senate: On Drug Prices, Say "NO" to Mandatory Inflation Rebate Proposals

On behalf of over 300,000 of our supporters and activists across the nation, CFIF has written the following letter opposing any use of Mandatory Inflation Rebate Proposals when it comes to the issue of addressing drug prices:

We believe that market-oriented solutions offer the optimal solution, and resolutely oppose any use of mandatory inflation rebate proposals – which would unfairly penalize a drug’s manufacturer with higher taxes whenever that drug’s price rises faster than inflation - that will make matters worse, not better. Among other defects, such a government-imposed penalty would undermine Medicare Part D’s current structure, which uses market-based competition to mitigate drug costs. Part D currently works via privately-negotiated rebates, meaning that no specific price…[more]

July 15, 2019 • 02:48 pm

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NAFTA Updated: A Win for U.S. Intellectual Property Print
By Timothy H. Lee
Thursday, October 11 2018
Among other improvements, the new USCMA creates the most comprehensive set of IP enforcement provisions in the world.

This month, as expected, Canada agreed to join the trade accord reached earlier between the United States and Mexico, updating the 24-year-old North American Free Trade Agreement (NAFTA). 

Although the fine print remains to be parsed as Congress moves toward ratification, one important fact is already clear:  the renegotiated accord constitutes a significant win for American intellectual property (IP) rights. 

That's critical, because America's tradition of protecting IP  patent, copyright, trademark and trade secrets  largely explains our status as the most prosperous, inventive and artistically influential nation in human history. 

Our Founding Fathers, mindful of English common law tradition, specifically protected IP rights in the text of Article I of the Constitution, providing that "Congress shall have the Power ... To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." 

Just like physical property, the Founders valued the inherent natural right of people to enjoy the fruits of their own labor, while also recognizing the value of incentivizing inventive activity.  James Madison, the Father of the Constitution, proclaimed in the Federalist Papers that, "The public good fully coincides in both cases with the claims of individuals."  Former patent attorney Abraham Lincoln later affirmed, "The patent system added the fuel of interest to the fire of genius in the discovery and production of new and useful things."  

Throughout the decades and centuries since, America has maintained its exceptionalism in protecting IP rights like no other nation.  Year after year, we rank atop global IP protection surveys, which explains why no nation remotely matches our record of innovation. 

Today, according to the U.S. Patent and Trademark Office (USPTO), IP-intensive industries account for approximately 40% of total U.S. annual economic output and 45 million jobs  about 30% of total U.S. employment. 

By protecting that tradition, the new U.S.-Mexico-Canada Free Trade Agreement ("USMCA") helps pave the way to preserve our status into the 21st century.   Not only does the updated agreement improve our trading relationship with two of our largest partners, it provides a framework for trade agreements with other nations to create freer markets, greater fairness and increased economic growth. 

Among other improvements, the new USCMA creates the most comprehensive set of IP enforcement provisions in the world.  From the effective date of the agreement forward, enforcement authorities will be empowered to intercept counterfeit or pirated goods at any point of entrance or exit. 

The USCMA agreement will allow the full panoply of remedies for American IP holders, including civil remedies, injunctions during the litigation process and prohibitions against impeding the licensing of trade secrets.  Importantly, those remedies will apply to state-owned enterprises and against government officials who engage in wrongful conduct such as disclosing trade secrets. 

The USMCA's IP chapter will mandate full national recognition of copyright and related rights, including protection of U.S. creators to the same extent that other nations' domestic creators receive within their borders.  The agreement includes more significant civil and criminal penalties for such illegal activities as satellite and cable signal theft, illegal recording and reselling of motion pictures and other widespread violations. 

The new USMCA extends copyright protections to a minimum of 75 years, which helps ensure that creative works like song performances remain protected in an era of digital transmission.  It also establishes a "notice and takedown" procedure with safe harbors for internet service providers that allows for safeguarding IP while protecting legitimate technology platforms that don't commit or directly benefit from infringement, as is the case under current U.S. law. 

In the area of patents, the agreement includes patentability standards and official patent office "best practices" to ensure protection of American inventors.  That constitutes a critical victory for small and medium-sized businesses, which often lack the resources to litigate their claims abroad. 

The USMCA also strengthens protection for pharmaceutical and agricultural innovators, including ten years of protection for biologic drugs and an expansion of the scope of products eligible for protection.  The U.S. accounts for fully two-thirds of all new life-saving and life-improving pharmaceuticals, so protecting that important sector constitutes an enormous win. 

The revised agreement also enhances trademark protection, which can be invaluable to companies trying to distinguish themselves in a competitive global market. 

In addition to the other merits the new agreement brings, it's immediately obvious that its IP chapter paves the way for more decades of American innovation, growth, jobs and prosperity. 

Question of the Week   
Which one of the following was the longest-serving U.S. Secretary of State?
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Quote of the Day   
 
"[A]s ICE prepared to conduct a nationwide operation, Democratic leaders such as Nancy Pelosi held a press conference to instruct those who have violated our nation's laws on how they can evade federal law enforcement. How they can evade the law. How what ICE is doing is un-American and they need to resist.Are you kidding me?The Speaker of the House, a lawmaker for decades, is instructing those who…[more]
 
 
—Thomas Homan, Former Acting Director of Immigration and Customs Enforcement (ICE)
— Thomas Homan, Former Acting Director of Immigration and Customs Enforcement (ICE)
 
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Do the "politics of personal destruction," now rampant across the political spectrum and amplified by the media, make you more or less inclined to personally participate in political activity?