Interview With The Korea IP Office’s Acting Commissioner 27/09/2018 by Intellectual Property Watch Leave a Comment Korean Intellectual Property Office (KIPO) Acting Commissioner Kim Tae Man is attending the annual World Intellectual Property Organization General Assembly this week. In that context, he sat down with Intellectual Property Watch, and in a mutually prepared Q&A, he described some of KIPO’s policies and future plans, collaboration with WIPO, international partnerships, and regional efforts toward global harmonisation.
Why Follow-On Pharmaceutical Innovations Should Be Eligible For Patent Protection 21/09/2018 by Intellectual Property Watch 1 Comment Christopher M. Holman writes: Despite the important role of intellectual property rights in incentivizing innovation, the patenting of pharmaceutical innovation is frequently accused of impeding access to medicine. Criticism of the prevailing patent regime has focused in particular on patents directed towards follow-on pharmaceutical innovation, i.e., innovation that seeks to improve upon existing pharmaceuticals and their use in treating patients. Patents on follow-on innovation are often derided as “secondary” patents, with the implication that the underlying inventions are somehow lesser in nature than the subject matter claimed in “primary” patents, i.e., the drug active ingredient per se. While implicitly acknowledging the legitimacy of primary patents, critics of so-called secondary patents contend that patents on follow-on innovation allow drug innovators to “evergreen” their products, i.e., to extend the period of patent exclusivity beyond the expiration of any original patent on the drug active ingredient, and in doing so contribute to the high cost of drugs, thereby limiting the ability of patients to access the drugs upon which they have come to rely.
Brazilian Supreme Court Refuses To Judge Its Biggest Case On IP And Access To Medicines, And Benefits Big Pharma With Undue Monopolies 13/09/2018 by Intellectual Property Watch 6 Comments Marcela Fogaça Vieira and Pedro Villardi write: The Brazilian Supreme Court (STF) has mysteriously cancelled the judgment of the most important case regarding intellectual property and health ever to be decided by the court. On 28 June, the date of the judgment was set for 6 September. The cancellation occurred on the eve of the judgment, something very rare in the practice of the Court. The lack of decision on the case only benefits the transnational companies awarded with hundreds of undue monopolies. Just a few days before, the President of the STF – Judge Carmem Lucia – had a meeting with Interfarma, the association of multinational pharmaceutical companies in Brazil.
Extended Monopolies On Biologic Drugs – A Warning To Developing Countries 10/09/2018 by Intellectual Property Watch Leave a Comment Historically, the US has been the primary demandeur of maximalist IP norms in FTAs. Pharmaceutical IP is market-driven, and this is no different for biologic drugs, which dominate the list of bestselling drugs worldwide, making them important economic commodities. Developing country governments must take note of the US pushing for biologics exclusivity through NAFTA as this signifies an effort to change norms worldwide.
UN Human Rights Council Begins; Freedom Of Expression Issues Highlighted By Article 19 Group 10/09/2018 by Intellectual Property Watch Leave a Comment Today, the UN Human Rights Council begins its 39th Session (HRC 39) in Geneva – over the next three weeks the UN’s top human rights body will come together to discuss and act on some of the world’s most pressing human rights violations and abuses, writes civil society group Article 19. There is a lot on the HRC’s agenda for September, with a number of issues important to the right to freedom of expression to be considered, and it is essential that the Council acts on improving protections. In addition to important reports from OHCHR and from special procedures up for discussion, several thematic and country-specific resolutions will also be negotiated, to be considered for adoption on 20 and 21 September.
Not Just A Matter Of Matter: ‘The Way Forward’ For The UNCBD, NP And Half-Earth 07/09/2018 by Intellectual Property Watch 4 Comments Prof. Joseph Henry Vogel writes: Is information something or is it about something? That is essentially the question before the Fourteenth Conference of the Parties (COP) to the 1993 United Nations Convention on Biological Diversity (CBD), which meets from 19-27 November 2018. And it is a “$64 billion question”. The answer could determine the modality for “access to genetic resources” and “the fair and equitable sharing of benefits” (ABS), which is the third objective of the CBD. If the information conveyed in life is something, then the obligation of benefits could be orders of magnitude greater than if that same information is only about something. Re-phrasing the question: Are Users of genetic resources accessing information? Or are they accessing matter, the properties about which are diffused over organisms and jurisdictions? Information-as-the-answer leads to an economic rationale for tens of billions of dollars in payments per year. Properties-as-the-answer justifies the “peanuts” currently being paid.
New Health Ministry Of Chile Reaffirms Path To Compulsory Licence For Hepatitis C Drugs 04/09/2018 by Intellectual Property Watch Leave a Comment Last week, Chilean Health Minister Emilio Santelices, appointed by President Piñera – who took office this year – rejected an attempt from company Gilead and a Big Pharma-related association of international drug makers in Chile to put down the resolution 399/2018 declaring public health justifications for the issuing of compulsory licences for sofosbuvir to treat a hepatitis C epidemic in Chile, that was issued by the previous government of Michele Bachelet, writes Luis Villarroel.
New Dutch Foundation To Address High Medicines Pricing Announces Plan To File Complaint With Competition Authority 27/08/2018 by Intellectual Property Watch 1 Comment The newly established Dutch Pharmaceutical Accountability Foundation has announced its first action to address unreasonably high medicines prices in the Netherlands. The Foundation will request the Netherlands Authority for Consumers and Markets to look into the price hike for the medicine chenodeoxycholic acid (CDCA) by the company Leadiant Biosciences Ltd (formerly Sigma-Tau). CDCA is used for the treatment of children and adults with cerebrotendinous xanthomatosis (CTX), a rare genetic metabolic disease that affects around 60 people in the Netherlands.
Conceptualizing Minimum Core Beyond Affordable Goods And Services – Trade For Human Rights As A Minimum Core Obligation 26/07/2018 by Intellectual Property Watch Leave a Comment Prof. Sakiko Fukuda-Parr writes: The conception of the Minimum Core Doctrine around low cost goods and services is unnecessarily restrictive. It is also out of line with concerns to meet pressing and priority health needs of the population. It departs from the original concept of obligations of immediate effect. It limits the consideration of the wide range of measures that national governments should take to expand the enjoyment of the right to health such as by reversing damaging policies or setting new ones. A salient example is policy choices governments might make in the area of intellectual protection provisions in free trade and investment agreements.
South Africa’s Proposed Copyright Fair Use Right Should Be A Model For The World 24/07/2018 by Intellectual Property Watch 3 Comments Copyright laws the world over are under massive pressure to reform to fit the digital environment. One key area often in need of reform is in the exceptions to copyright that enable the digital practices. Without exceptions, common practices may be illegal, such as sharing photos on social media, making technical copies to send and stream, and uploading excerpts to closed networks for student access, writes a group of experts on the issue.