SUBSCRIBE TODAY!
Subscribing entitles a reader to complete stories on all topics released as they happen, special features, confidential documents and access to the complete, searchable story archive online back to 2004.
IP-Watch Summer Interns

IP-Watch interns talk about their Geneva experience in summer 2013. 2:42.

Inside Views

Submit ideas to info [at] ip-watch [dot] ch!

We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website.

By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

1. You agree that you are fully responsible for the content that you post. You will not knowingly post content that violates the copyright, trademark, patent or other intellectual property right of any third party or which you know is under a confidentiality obligation preventing its publication and that you will request removal of the same should you discover that you have violated this provision. Likewise, you may not post content that is libelous, defamatory, obscene, abusive, that violates a third party's right to privacy, that otherwise violates any applicable local, state, national or international law, that amounts to spamming or that is otherwise inappropriate. You may not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. Epithets and other language intended to intimidate or to incite violence are also prohibited. Furthermore, you may not impersonate others.

2. You understand and agree that Intellectual Property Watch is not responsible for any content posted by you or third parties. You further understand that IP Watch does not monitor the content posted. Nevertheless, IP Watch may monitor the any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent nor notice. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site. IP Watch is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability or otherwise accept liability for it.

3. By submitting any contribution to IP Watch, you warrant that your contribution is your own original work and that you have the right to make it available to IP Watch for all purposes and you agree to indemnify IP Watch, its directors, employees and agents against all damages, legal fees and others expenses that may be incurred by IP Watch as a result of your breach of warranty or of these terms.

4. You further agree not to publish any personal information about yourself or anyone else (for example telephone number or home address). If you add a comment to a blog, be aware that your email address will be apparent.

5. IP Watch will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.

6. You understand and agree that the discussion forums are to be used only for non-commercial purposes. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in our discussion forums.

7. You acknowledge and agree that you use and/or rely on any information obtained through the discussion forums at your own risk.

8. For any content that you post, you hereby grant to IP Watch the royalty-free, irrevocable, perpetual, exclusive and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed.

9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.

The Politicization Of The US Patent System

The Washington Post story, How patent reform’s fraught politics have left USPTO still without a boss (July 30), is a vivid account of how patent reform has divided the US economy, preempting a possible replacement for David Kappos who stepped down 18 months ago. The division is even bigger than portrayed. Universities have lined up en masse to oppose reform, while main street businesses that merely use technology argue for reform. Reminiscent of the partisan divide that has paralyzed US politics, this struggle crosses party lines and extends well beyond the usual inter-industry debates. Framed in terms of combating patent trolls through technical legal fixes, there lurks a broader economic concern – to what extent ordinary retailers, bank, restaurants, local banks, motels, realtors, and travel agents should bear the burden of defending against patents as a cost of doing business.


Latest Comments
  • So this is how we mankind will become extinct? No ... »
  • 'Business methods were generally not patentable in... »

  • For IPW Subscribers

    A directory of IP delegates in Geneva. Read more>

    A guide to Geneva-based public health and intellectual property organisations. Read More >


    Monthly Reporter

    The Intellectual Property Watch Monthly Reporter, published from 2004 to January 2011, is a 16-page monthly selection of the most important, updated stories and features, plus the People and News Briefs columns.

    The Intellectual Property Watch Monthly Reporter is available in an online archive on the IP-Watch website, available for IP-Watch Subscribers.

    Access the Monthly Reporter Archive >

    EU-India Summit Kicks Off Amidst Warnings Of Impact On Medicines Access

    Published on 10 February 2012 @ 3:25 am

    By , Intellectual Property Watch

    The European Union and India today are engaging in a high-level meeting in New Delhi with an agenda that includes energy and climate, research and development, and information and communications technologies. But as they enter the meeting, an international health agency and a powerful health advocacy group have issued statements of concern that intellectual property provisions in a bilateral free trade agreement under negotiation will stifle critical generic medicines production in India, putting thousands of poor patients at risk worldwide.

    The groups, UNITAID – a World Health Organization affiliate drug-purchasing mechanism – and Médecins Sans Frontières (MSF, Doctors without Borders), issued separate statements on the eve of the EU-India summit.

    The European Commission this week issued a fact sheet and statement entitled, EU-India summit – A partnership for prosperity.

    A joint declaration on energy cooperation is due to be adopted, the Commission said. In addition, the two sides will discuss “intensified cooperation in the area of research and innovation,” and leaders will endorse a joint declaration on this.

    “The joint declaration on ‘Indo-European research and innovation partnership’ to be adopted at the summit will set a strategic agenda to identify common challenges, shared objectives, priority areas and instruments of cooperation between India and the EU for the near future,” the Commission said. “Beyond water and bio-resources, energy, health and information and communication technologies may be identified as priority areas.”

    Under the EU’s seventh research framework programme (FP7), cooperation is increasing, it said, both in EU-financed and co-funded initiatives. Indian researchers and organisations are participating in 135 FP7 projects compared to 97 projects under FP6, it said. Areas of “particularly strong” cooperation are health, information and communication technologies, environment, food, agriculture and biotechnology, and social sciences and the humanities.

    The joint declaration on ‘Indo-European research and innovation partnership’ to be adopted at the summit “will set a strategic agenda to identify common challenges, shared objectives, priority areas and instruments of cooperation between India and the EU for the near future,” the EU said. “Beyond water and bio-resources, energy, health and information and communication technologies may be identified as priority areas.”

    UNITAID this week circulated a document [pdf] from 2010 entitled, “A lifeline to treatment: the role of Indian generic manufacturers in supplying antiretroviral medicines to developing countries,” that showed that Indian manufacturers of generic antiretroviral (ARVs) medicines accounted for more than 80 percent of annual purchases from 2003 to 2008. During that time the number of Indian generic drug-makers supplying ARVs increased from 4 to 10, and the number of Indian-made generics rose from 14 to 53. Some 96 of 100 countries examined purchased Indian generics.

    A key aspect of generics is that they significantly lower the cost of the medicines, making them far more accessible in developing countries. But India’s 2005 implementation of the World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is threatening to undermine its ability to produce generics, activists and others say.

    “Rather than agreeing to inappropriate intellectual property obligations through free trade agreements,” the study concluded, “India and its trade partners – plus international organizations, donors, civil society and pharmaceutical manufacturers – should ensure that there is sufficient policy space for Indian pharmaceutical manufacturers to continue their central role in supplying developing countries with low-priced, quality-assured generic medicines.”

    MSF International President Unni Karunakara sent an open letter on 8 February to Indian Prime Minister Manmohan Singh raising concern about “harmful provisions” in the proposed intellectual property and investment chapters of the free trade agreement, “that if included would have serious implications for access to affordable medicines in India and throughout the developing world.”

    In the enforcement provisions, according to MSF’s Karunakara, Europe is seeking to expand enforcement to allow medicines alleged to be trademark infringing to be detained or destroyed at the border, even if they were legitimate. In addition, penalties for alleged patent and trademark infringement would be substantially increased, it said, in a way that could cause generic suppliers to face a production ban, delay or destruction of products, or disproportionate damages – based only on allegations.

    Other worrying enforcement provisions, according to MSF, are limits on Indian courts’ abilities to recommend alternative remedies rather than “routinely” granting provisional injunctions, and an extension of liability to third parties, such as suppliers of ingredients, distributors, non-governmental organisations like MSF, funders, or drug regulatory authorities, he said.

    The Commission also has stirred debate for pushing to include investment in the agreement, including intellectual property rights and establishing an investor-state mechanism that allows the private sector to directly challenge the governments’ actions on the grounds that they harmed their investment expectations. This would allow challenges to domestic health policies and measures to reduce medicines prices, MSF said.

    “Pharmaceutical companies must be given no additional avenues to pressure India on policies and laws that promote access to medicines,” it said. “India is already reeling from multiple litigations filed by companies like Novartis and Bayer against health safeguards enshrined in India’s patent law.”

    Karunakara offered several suggestions, such as withdrawing IP enforcement measures and deleting patents from the entire scope of the enforcement section; withdrawing third party liability and provisions on injunctions (in order to preserve flexibilities); limiting border enforcement to TRIPS requirements (excluding exports and trademark infringements); and withdrawing the IP and investor-state mechanism from the investment chapter.

    Karunakara also praised India for standing up against pressure to accept data exclusivity provisions that would delay the time of entry into the market of generic medicines by preventing access to marketing data until later in the life of the patent.

    But Northeastern University (US) Prof. Brook Baker commented on a listserv that pressure continues for proponents of stronger data exclusivity, with a new twist to include the language of TRIPS Article 39.3.

    “Big Pharma and Europe are persistent,” he said. “On its face, [Art. 39.3] merely demands protection against unwarranted disclosure of test data and against ‘unfair commercial use.’ However, this demand, seemingly innocuous (after all, why shouldn’t India accept what it is already bound to do under the 1994 WTO TRIPS Agreement?), is in fact dangerous. Why? Because the EU, like the US, willfully and consistently misinterprets Art. 39.3 to require data exclusivity/monopolies.”

    “Because Europe would be permitted to initiate direct trade disputes against India under a ratified FTA,” Baker said, “it would have a greater chance of winning approval for its interpretation of Art. 39.3 in a bilateral panel than it would in a multilateral WTO panel.”

    William New may be reached at wnew@ip-watch.ch.

     

    Comments

    1. Riaz Tayob says:

      So there is an EU Parliament resolution stating that access to medicines should not be hampered. Is it worth the paper it is written on?

    2. Free Speech On Trial In India - Meanwhile People Defeat SOPA | Living History says:

      [...] Out? – - – Don't Worry – Take a Vacation!  WorldsWays Living History In Progress Current Events in the World "Free Speech On Trial" by Jerry W…mmediacy of the internet is at once its virtue and its vice. It is impossible to completely prevent [...]

    3. EU Health Cooperation: Room For Improvement | Intellectual Property Watch says:

      [...] the much-debated EU involvement in the Anti-Counterfeiting Trade Agreement (or ACTA). [see here, here and [...]

    4. Business’ Privileged Access To EU-India Trade Documents | Intellectual Property Watch says:

      [...] Related Intellectual Property Watch story, here. [...]

    5. Pending Cutback In EU Spending For Development Cooperation | Intellectual Property Watch says:

      [...] worst-off people could be approved in forthcoming negotiations for an EU-Thai agreement, and in an EU-India trade deal now on track to [...]


    Leave a Reply

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website. By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website.

    By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    1. You agree that you are fully responsible for the content that you post. You will not knowingly post content that violates the copyright, trademark, patent or other intellectual property right of any third party or which you know is under a confidentiality obligation preventing its publication and that you will request removal of the same should you discover that you have violated this provision. Likewise, you may not post content that is libelous, defamatory, obscene, abusive, that violates a third party's right to privacy, that otherwise violates any applicable local, state, national or international law, that amounts to spamming or that is otherwise inappropriate. You may not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. Epithets and other language intended to intimidate or to incite violence are also prohibited. Furthermore, you may not impersonate others.

    2. You understand and agree that Intellectual Property Watch is not responsible for any content posted by you or third parties. You further understand that IP Watch does not monitor the content posted. Nevertheless, IP Watch may monitor the any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent nor notice. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site. IP Watch is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability or otherwise accept liability for it.

    3. By submitting any contribution to IP Watch, you warrant that your contribution is your own original work and that you have the right to make it available to IP Watch for all purposes and you agree to indemnify IP Watch, its directors, employees and agents against all damages, legal fees and others expenses that may be incurred by IP Watch as a result of your breach of warranty or of these terms.

    4. You further agree not to publish any personal information about yourself or anyone else (for example telephone number or home address). If you add a comment to a blog, be aware that your email address will be apparent.

    5. IP Watch will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.

    6. You understand and agree that the discussion forums are to be used only for non-commercial purposes. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in our discussion forums.

    7. You acknowledge and agree that you use and/or rely on any information obtained through the discussion forums at your own risk.

    8. For any content that you post, you hereby grant to IP Watch the royalty-free, irrevocable, perpetual, exclusive and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed.

    9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.

     

     
    Your IP address is 23.20.211.153