Monthly News In Brief

WHO Paper Examines TRIPS Flexibilities
The final version of a study entitled “The use of flexibilities in TRIPS by developing countries: can they promote access to medicines?” is now available online at:
http://who.int/intellectualproperty/studies/TRIPS_flexibilities/en/index.html

The study was conducted by Sisule Musungu of the South Centre and Cecilia Oh of the World Health Organisation, and commissioned by the WHO Commission for Intellectual Property Rights, Innovation and Public Health (CIPIH). It examines the extent to which developing countries have incorporated the World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) into national law and whether it has been used for public health purposes; whether countries such as the United States and members of the European Union take adequate account of the needs of developing countries in their trade policies and the implications of bilateral and regional free trade agreements for the public health situation in developing countries. The study will formally be published in 2006.

DFID Paper on India and China’s Role in Accessing Medicines
The role that India and China can play to further access to medicines is the main focus of a new briefing paper from the UK Department for International Development (DFID). The paper is an update of a 2004 paper and analyses India and China’s recent alignments of their respective domestic laws and TRIPS as well as the practical implications of access to raw material and the supply of finished products for diseases such as HIV/AIDS and malaria. The paper, entitled “Update on China & India and Access to Medicines,” is written by Cheri Grace of the DFID Health Resource Centre. It may be downloaded from the DFID website at http://www.dfid.gov.uk/aboutdfid/organisation/accessmedicines.asp.

Science Article Looks at IP and Low-Income Access to Innovation
The online US journal Innovation Strategy Today has published a new article examining “intellectual property approaches that can assist low-income countries and members of disadvantaged groups in accessing health and agricultural innovations,” according to Science and Intellectual Property in the Public Interest (SIPPI). This is a project under the American Association for the Advancement of Science. The article is the work of the SIPPI Humanitarian Licensing working group. The article is particularly discussing how public sector IP managers may facilitate these groups’ access to innovations, and shows how humanitarian licensing strategies may benefit both licensors and licensees. The complete article is available online at:
http://biodevelopments.org/innovation/ist3.pdf.

Record Number of US Patent and Trademark Applications in 2005
Statistics from fiscal year 2005 (ending 30 September) show that the United States Patent and Trademark Office (USPTO) received a record number of patent and trademark applications, according to the 2005 performance and accountability report released recently. In 2005, the USPTO received 406,302 patent applications and 323,501 trademark registration applications; and granted 165,485 patents and registered 143,396 trademarks. US inventors were granted 85,238 patents in 2005, of which California holds the largest share with 23 percent followed with New York with seven percent, says the USPTO. It also said it has developed aggressive new reforms and fought counterfeiting through educational outreach programs. The complete report may be viewed at http://www.uspto.gov/web/offices/com/annual/2005/2005annualreport.pdf.

PEOPLE
Matt Niemeyer has been appointed counselor and James Mendenhall general counsel of the United States Trade Representative (USTR) executive office. Niemeyer will become one of USTR’s principal advisors. He was previously assistant USTR for congressional affairs and served on Capitol Hill and in two elections for National Republican Congressional Committee.

Mendenhall has been promoted from acting general counsel, to which he was appointed in February. He is responsible for supervising all trade litigation and the legal aspects of the negotiation and implementation of trade agreements. Mendenhall oversees a staff of over 25 attorneys, and supervises all trade litigation and the legal aspects of the negotiation and implementation of trade agreements. From 2003 to 2005, he served as assistant USTR for services, investment and intellectual property, where he oversaw the negotiation of those chapters of numerous free trade agreements. Prior to joining USTR, Mendenhall was a partner in the law firm of Powell, Goldstein, Fraser & Murphy.

Thaddeus Burns joined General Electric in Brussels on 1 December as its senior corporate intellectual property counsel after six years with Akin Gump. Burns, a former senior official on IP issues in Geneva with the Office of the US Trade Representative and the US Patent and Trademark Office, will continue to follow Geneva-based institutions.

Sheila Shettle and Véronique Terrasse have been appointed new members of Médicins Sans Frontières’ communications team at the Campaign for Access to Essential Medicines in Geneva.

Dirk Kranen of the German mission will leave his post to join the office of the German president (and former International Monetary Fund chief), Horst Köhler, where he will be responsible for economic and budgetary issues starting 1 December. Kranen will for the time being be replaced by social counsellor of the German mission, Susanne Hoffmann. Kranen has been chair of the working group of the Program and Budget Committee of the World Intellectual Property Organisation this year.

Elizabeth Wabuge has been appointed trade co-ordinator of Oxfam International in Geneva.