Transition At IP-Watch: A New Path Forward 25/03/2019 by Intellectual Property Watch, Intellectual Property Watch 4 Comments Dear Readers, After 15 years of original, independent, thoughtful, and timely reporting on global policymaking from the inside, Intellectual Property Watch (IP-Watch) is announcing today a pause on reporting services as it embarks on a transition phase to devise new strategies for future work.
Health Policy Watch – Continuing The IP-Watch Tradition Of Vibrant Health Reporting 25/03/2019 by Intellectual Property Watch, Intellectual Property Watch Leave a Comment Following today’s announcement of a one-year pause on IP-Watch reporting, we invite all IP-Watch readers to sign up here for free daily, weekly or monthly news bulletins from our sister publication, Health Policy Watch, which will include health-related IP reporting as part of its portfolio. You can follow Health Policy Watch (www.healthpolicy-watch.org) on Twitter @HealthPolicyW.
Everything Is Obvious 25/03/2019 by Intellectual Property Watch 4 Comments Ryan Abbott writes: For more than sixty years, “obviousness” has set the bar for patentability. Under this standard, if a hypothetical “person having ordinary skill in the art” would find an invention obvious in light of existing relevant information, then the invention cannot be patented. This skilled person is defined as a non-innovative worker with a limited knowledge-base. The more creative and informed the skilled person, the more likely an invention will be considered obvious. The standard has evolved since its introduction, and it is now on the verge of an evolutionary leap: Inventive machines are increasingly being used in research, and once the use of such machines becomes standard, the person skilled in the art should be a person using an inventive machine, or just an inventive machine. Unlike the skilled person, the inventive machine is capable of innovation and considering the entire universe of prior art. As inventive machines continue to improve, this will increasingly raise the bar to patentability, eventually rendering innovative activities obvious. The end of obviousness means the end of patents, at least as they are now.
South Africa Moves Forward With Creator Rights Agenda 21/03/2019 by Intellectual Property Watch 5 Comments Prof. Sean Flynn writes: The South Africa National Council of Provinces has cleared the Copyright Amendment Bill for a final vote. The bill would adopt an innovative fair use right as well as new rights of creators to receive royalties, partially own commissioned works, protect works through technological protections (with exceptions for fair use), establish of a tribunal for lower cost enforcement and regulate collective management companies. It establishes what is being referred to as a creator rights model for copyright reform including rights to create, own and earn.
2019 Medicines For Europe Legal Affairs Conference 07/03/2019 by Intellectual Property Watch, Intellectual Property Watch 1 Comment Advertisement: The 2019 Medicines for Europe Legal Affairs Conference will take place, for the first time, in Amsterdam. In its 15th edition, this conference will provide participants with the opportunity to exchange views and share ideas with leading industry executives and experts, counsel and European institution officials around the latest developments in intellectual property and legal affairs concerning generic, biosimilar and value added medicines within Europe and worldwide.
Will US Drug Pricing Politics Change Intimidation Practices Globally? 05/03/2019 by Intellectual Property Watch 2 Comments Fifa Rahman writes: The global health world, particularly as concerns skyrocketing drug prices and patent abuse, is in a unique space in time. Recently, the Office of the United States Trade Representative (USTR) has been carrying on as per usual. It has threatened the Malaysian and Colombian governments at numerous junctures to prevent them from issuing compulsory licences – a completely legal mechanism which the US uses regularly – to access generic hepatitis C drugs. The Trump Administration has sent delegations to global health agencies in Geneva to intimidate them into reducing, or hiding, work on TRIPS flexibilities and fairer drug pricing.
In Memoriam: Dilip Shah (1941-2019) 25/02/2019 by Intellectual Property Watch, Intellectual Property Watch Leave a Comment Dilip Shah was passionately committed to the twin causes of promoting fair access to medicines around the world, and to the success of the local Indian pharmaceutical industry. A bright light is out, writes Prof. Frederick Abbott.
Faced With Unreasonable Medicines Prices, The Netherlands Introduces Pharmacy Exemption In Patent Law 22/02/2019 by Intellectual Property Watch Leave a Comment Ellen ‘t Hoen writes: On 1 February 2019, article 53(3), second sentence of the Dutch Patent Act 1995 came into force introducing a patent exemption for the preparation of medicines in a pharmacy.
Pre-Grant Opposition Filed Against Janssen’s Bedaquiline Fumarate Application In India 08/02/2019 by Intellectual Property Watch 2 Comments Tuberculosis and its variant – Drug Resistant Tuberculosis (DR-TB) – are global public health emergencies. Current treatment regimens are expensive, tedious and prolonged: the overall treatment duration is 20 months or more, requiring daily administration of drugs that are more toxic and less effective than those used to treat drug-susceptible TB. Most of the drugs for treating TB are old and are known to have severe side-effects, writes Sandeep K. Rathod.
WHO’s Access Roadmap And The Art Of Accommodation Of Pharma Interest 26/01/2019 by Intellectual Property Watch 1 Comment The Roadmap to access to medicines, vaccines and other health products (Roadmap) to be discussed at this week’s 144th session of WHO’s Executive Board accommodates vital interest of pharmaceutical TNCs on critical issues such as the approach to access, technical assistance on the use of TRIPS flexibilities and access to biosimilars. Adoption of the Roadmap in its current form very well accommodates the interest of the Pharmaceutical TNCs and therefore one need not expect any proactive steps by WHO towards promoting access after the adoption of the Roadmap.