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Intellectual Property Watch subscribers receive exclusive access to stories published on the website under password protection, plus the Intellectual Property Watch monthly edition, a 16-page selection of the most important stories and features, including the People column and News Briefs section not available anywhere else. These columns contain the latest on personnel changes in the international IP community, and items on IP policy news and reports from around the world. The Intellectual Property Watch Monthly Reporter is available online and in print, mailed to your door.


Global IP Policy in 2010:
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  • Inside Views

    Contribute your views! Submit an Inside Views idea on any relevant topic to info [at] ip-watch [dot] ch, or leave a comment within any piece such as below.

    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.

    Copyright Law Reform in Brazil: Anteprojeto or Anti-project?

    A balancing of the rights of authors and consumers, the re-introduction of a private copying exception, a remixing permission and a new regulatory agency for copyright issues are among the core points the Brazilian Ministry of Culture has planned for the new copyright law. But at the Third Conference on Copyright and the Public Interest in São Paulo a month ago, the Ministry emphasised that the bits and pieces shown to the audience were not from an actual law draft (”anteprojeto”) but only a preliminary proposal for formulating such a draft. The bill still has not been published to date. The delay in releasing the bill for public consultation now threatens the work of more than two years on the reform.


    Take Two: China’s Proposed Regulations For Patent-Involving National Standards

    The Standards Administration of China patent policy proposal fails to strike the desired balance and undervalues the intellectual property included in a standard. If implemented as worded, it will discourage the contribution of innovative technologies for use in national standards and the participation of patent holders, writes George Willingmyre.


    2 July 2009

    Report: Drug Companies Violating WHO Ethics On Advertising In East Africa

    By Nicholas Wadhams for Intellectual Property Watch @ 9:57 pm

    NAIROBI - Drug companies routinely violate World Health Organization ethical guidelines when advertising and promoting their products in East Africa, according to a new study released Thursday.

    The study from Health Action International Africa’s Kenya office studied 543 print advertisements examined in five East African countries. Of the brochures distributed at medical facilities, none met six standard criteria as set out by the WHO for ethical advertising of medicines. Only 16 percent of advertisements released to the general public did so.

    While all the ads listed the brand names of the products for same, less than 40 percent of the ads mentioned major precautions associated with the drug or its approved indication. Ten percent did not even mention the active ingredient of the drug.

    ”There is widespread low compliance with international standards and promotion,” HAI Africa’s Carole Piriou, who organised the study, said at a meeting unveiling the study.

    [Note: the study will be posted as soon as it becomes available electronically.]

    Ethical advertising of medicines is important in East Africa and in developing countries around the world because access to unbiased information about medicines is often extremely difficult to come by, and consumers end up relying on pharmaceutical companies to learn about drugs. The guidelines are not legally binding.

    Among the ads that the study found to have violated the WHO ethical guidelines was an anti-diarrhoea drug combining norfloxacin and tinidazole, which is generally not recommended. Another advertisement was for Appevite, a brand of cyproheptadine - mostly used as an anti-allergy medicine - that was cited as an appetite stimulant.

    ”Stimulating appetite is not an approved indication of cyproheptadine; its efficiency for that purpose was never demonstrated,” the study said.

    The countries surveyed in the study were Kenya, Madagascar, Malawi, Uganda and Zambia. Of those countries, Madagascar and Zambia have no regulations at all on promoting medicines. Other nations often enforce their regulations poorly.

    ”Regulation exists in three countries of the five but the main problem is enforcement,” said Piriou.

    A Kenyan official who attended the meeting was quick to acknowledge that problem.

    ”We see so many adverts with so many claims but they are not approved by us,” said Dr. Fred Siyoi, deputy registrar of the Pharmacy and Poisons Board, which falls under Kenya’s Ministry of Medical Services. “The penalties are a minimum and the profits people get by advertising far outweigh the penalties.”

    ”What we have done, we’ve tried to tell the media, ‘Don’t print anything or advertise anything unless you get our approval,’ but that’s what they are not doing,” Siyoi said.

    Participants at the meeting said it was also difficult for consumers to get reliable information about medicines from doctors because many were rewarded for prescribing certain drugs. In Kenya, some pharmaceutical companies are known to refer to medical practitioners as “company compliant doctors,” who will not prescribe medicines from other companies.

    Earlier survey data cited by HAI Africa has shown that many doctors turn to promotional materials for information about drugs, and that doctors who rely on such materials have been shown to prescribe drugs more often, and less appropriately.

    Studies have also shown that health workers are often unaware - or are unwilling to say - how much their opinions are swayed by promotional materials. And so far, the only really effective means of cutting down on inaccurate or incomplete advertising is essentially to name and shame a company by distributing its ad among other drug manufacturers.

    ”It’s a place where there is a lot more to learn,” said HAI Africa pharmacist Christa Cepuch. “The interventions practiced in the past don’t really seem to be very effective.”

    According to the study, 31 percent of the health care industry’s spending in 2003 went to marketing, compared to 13 percent toward research and development.

    Industry representatives who attended the meeting acknowledged that companies must take the responsibility of making sure their drugs adhere to the WHO guidelines.

    ”As an industry, the company pharmacist or whoever oversees registration should be vetting the correctness or accuracy of the advertisement,” said Dr. William Mwatu, the medical and regulatory affairs director for GlaxoSmithKline’s East Africa office.

    Nicholas Wadhams may be reached at info@ip-watch.ch.


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    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.