REGISTER NOW! The Global Debate On Intellectual Property, Trade And Development: Past, Present and Future 05/06/2017 by Guest contributor for Intellectual Property Watch Leave a Comment The Global Debate on Intellectual Property, Trade and Development: Past, Present and Future A Conference in Honour of Pedro Roffe
US Supreme Court Adopts International Exhaustion For Patents: Paving the way for parallel imports to exert downward pressure on domestic pharmaceutical (and other) prices 31/05/2017 by Intellectual Property Watch 1 Comment Frederick M. Abbott writes: The Supreme Court of the United States on May 30, 2017 adopted a rule of international exhaustion of patent rights for the United States in Impression Products v. Lexmark International, No. 15-1189. The near-unanimous decision authored by Chief Justice Roberts is unambiguous and unequivocal.[1] The Court paid short shrift to contrary decisions of the Court of Appeals for the Federal Circuit in Jazz Photo Corp. v. International Trade Commission, 264 F. 3d 1094 (Fed. Cir. 2001) and in this case on certiorari, Lexmark International v. Impression Products, 816 F.3d 721 (Fed. Cir. 2016). In addition to adopting international exhaustion, the Supreme Court ruled firmly against enforcement of post-sale restrictions through infringement actions based on patent. The Court allowed for enforcement under contract law of limitations that may be included in patent licenses.
WHO Official: Medicines Should Not Be Priced At The Value Of A Life 26/05/2017 by William New, Intellectual Property Watch 1 Comment Member governments of the World Health Organization are increasingly talking about how to bring about “fair” pricing of medicines. And what’s clear is that it should not be based on how much you would pay to save your life, a senior WHO official said this week.
A Price Too Good To Be True 26/05/2017 by Intellectual Property Watch Leave a Comment Steven Tepp writes: Virtually every consumer in every country wants products and services as inexpensively as possible. Nowhere is that demand more acute than in health care, where quality of life, and life itself, is at stake. In Europe, most national governments use the monopsony power of a single-payer national health care system to negotiate (or dictate) what prices they will pay, an activity that has been considered “anti-competitive” in EU private markets. And some governments simply issue price controls.
Beyond The Obvious – Direct And Indirect Territorial Coverage Of MPP/ViiV Voluntary License For Dolutegravir 24/05/2017 by Brook Baker for Intellectual Property Watch 2 Comments Pursuant to a license negotiated by the Medicines Patent Pool (MPP) with ViiV Healthcare (ViiV), an important new antiretroviral medicine, dolutegravir (DTG), will soon be available via generic competition in all low- and lower-middle-income countries, and a significant number of upper-middle-income countries as well. DTG is a highly recommended integrase inhibitor which highly effective, durable, inexpensive to produce, and relatively safe with few side effects. It is already an alternative WHO recommended first-line medicine and will probably become the global standard of care following trials on use of DTG to treat pregnant women and people with TB.[1] But until the MPP can succeed in getting inclusive licensing terms covering all low- and middle-income countries (LMICs), this unique clause in the MPP-ViiV license should be adopted in future licenses, as it is a best practice to date in terms of expansive coverage, writes Brook Baker.
World Health Assembly 70: A Spectator’s Guide To Program/Budget, Election, Polio Transition 22/05/2017 by Mara Pillinger for Intellectual Property Watch Leave a Comment The 70th annual World Health Assembly (WHA), now underway in Geneva, is shaping up to be one of the most consequential in memory. With a record-setting nine-day, 76-item agenda, plus dozens of official and unofficial side events, delegates and WHO followers alike will be hard-pressed to keep up. But yesterday’s introductory briefing, hosted by the Global Health Centre at the Graduate Institute, provided an overview of the proceedings and a few pointers on where to look first. Four items, in particular, stand out.
March-in Rights: A Lost Opportunity To Lower US Drug Prices 18/05/2017 by Steven Seidenberg for Intellectual Property Watch 17 Comments It appears not just unfair, but absurdly so. The US government paid for research that produced a patented drug, the patents were licensed exclusively to a Japanese firm, and that firm is now committing price discrimination against the US. Astellas Pharma is selling its anti-prostate cancer drug, Xtandi, for over $129,000 per year per patient in the United States – triple the price of the drug in Japan. Alas, this situation is not unusual. Many drugs that were financed by US taxpayers are sold in the US at exorbitant prices, but are much cheaper in other high-income industrialized nations. This differential price problem could be solved easily. However, the US government has consistently refused to exercise its march-in rights in order to lower drug prices.
IP-Watch Guide To 2017 World Health Assembly: Election, Budget, Antibiotics, Cancer, R&D And More 16/05/2017 by Catherine Saez, Intellectual Property Watch 1 Comment In a few days, the 70th World Health Assembly will open its doors in Geneva with a marathon agenda, and over 4,000 registered delegates. The election of a new director general, the approval of the budget for the next biennium (2018/2019) are set to capture the attention of member states. However, many other subjects require their consideration, such as a resolution on cancer treatment costs, research and development for epidemic diseases, for new antibiotics, for medicines affecting primarily poor populations, access to medicines, and the influenza pandemic preparedness framework.
How The CIA WikiLeaks Disclosure Diverts Attention From Big Picture 15/05/2017 by Bruce Gain for Intellectual Property Watch 1 Comment The WikiLeaks publication of hacking tools and malware the CIA has allegedly used continues to stir the ire and fear of those concerned about the possible risk of the US government’s backdoor access to private data. But WikiLeaks’ publication of alleged CIA-created malware instructions, which the CIA has not confirmed as authentic, diverts attention away from how numerous other state-sponsored agents are aggressively seeking to steal intellectual property and other data, security experts say.
Real IP Issues Surface In A Virtual World 01/05/2017 by Dugie Standeford for Intellectual Property Watch Leave a Comment As virtual reality (VR) and augmented reality (AR) technologies emerge, so do legal questions arising from their use. While the issues are still mostly hypothetical, they implicate, among other areas, intellectual property rights, lawyers say.