UN Office Of Drugs And Crime Enters Debate Over Fake Medicines And IP

counterfeit meds

The Vienna-based United Nations Office on Drugs and Crime (UNODC) has been working for several years to fight “fraudulent” medicines in the global supply chain. But an alleged new draft model legislation it is developing includes intellectual property rights, an issue which has led to intensive debates in other international fora. This week, a closed-door UNODC informal expert group drafting the model legislation is meeting in Vienna.

One Bite At The Apple: PTAB Closes IPR Joinder Loophole

Apple Bite

As a result of the America Invents Act enacted three years ago, the United States Patent Trial and Appeal Board (PTAB) now handles inter partes reviews (IPR)—a new trial proceeding used to challenge the validity of patent claims based on patents and printed publications. Recently, the PTAB has caused a split concerning the proper scope of the IPR joinder provision, which grants the PTAB discretion to join a “party” to a previously-instituted IPR. In the past, the PTAB interpreted the term “party” expansively to include petitioners for whom it had already instituted an IPR. Petitioners were quick to jump on this loophole, and have since sought to raise new arguments in an instituted IPR by filing a subsequent petition and seeking joinder with the in-progress proceeding.

WIPO Seminar: For Access To Hepatitis C Treatments, Look At HIV Lessons

Hepatitis C Virus

A seminar on innovation and access to medicine last week examined the issue of access to hepatitis C treatment, looking at the HIV/AIDS path. Voluntary licences, such as the one entered by Gilead for its hepatitis drugs, have been applauded but such licences often do not cover middle-income countries, which are home to the bulk of hepatitis C patients, and whose poor populations remain unable to access treatment.

Draft UN Post-2015 Development Goals: Future Must Not Be ‘Business As Usual’, Including IP Rights

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Last week’s United Nations draft report for the post-2015 sustainable development goals under negotiation calls for continued progress toward sweeping improvements in the lives of all people and the health of the planet, including ensuring that intellectual property rights are respected but do not get in the way.

WIPO Seminar Discusses Intellectual Property And Gender

Mary Kies, first American woman to receive a patent, 1809

Gender differences persist in the field of intellectual property, but there are signs of change, and new proposals are emerging for bringing greater balance, a US professor told a gathering at the World Intellectual Property Organization this week.

Paper Proposes Access And Benefit Mechanisms To Help Implement Nagoya Protocol

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A recent paper proposes that countries use the access and benefit-sharing mechanism of the Nagoya Protocol to ensure conservation action and effective implementation of the protocol.

Civil Society Files Opposition To Monsanto Climate-Related Soybean Patent

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A civil society coalition is after one of European Monsanto’s patents, accusing the giant seed corporation of biopiracy. The patent granted in February was challenged by the No Patents on Seeds coalition, which filed an opposition a few days ago.

A Middle-Path: Advocate-General’s Opinion On Abuse Of Dominance For FRAND-Encumbered SEPs

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For the first time, the European Advocate-General has suggested on the grounds of European competition law the context for negotiations of fair, reasonable and non-discriminatory (FRAND) terms, and has set criteria for the enforcement of injunctions and other remedies in actions involving infringement of standard-essential patents (SEPs). The Court of Justice of the European Union (CJEU) decision is still pending.

China Establishes Patent, Trademark And Copyright Integrated Office

Pudong China IP office

China has set up an administrative office called the Shanghai City Pudong New Area Intellectual Property Office, integrating patent, trademark and copyright administration in the Pudong New Area in Shanghai city.