South Africa Draft Copyright Amendment Bill Published For Public Comment 28/07/2015 by Linda Daniels for Intellectual Property Watch 3 Comments The publication for public comment of the much-anticipated South African draft Copyright Amendment Bill has cautiously been welcomed by some stakeholders, who believe that parts of the draft are unworkable.
The TPP’s Reckless Proposals For Damages Will Have Negative Impact On Future Reform Of IPR Regimes 28/07/2015 by Intellectual Property Watch 13 Comments James Love writes: This week negotiators from a dozen countries are meeting to finalize the rules for the Trans Pacific Partnership (TPP) trade agreement. When or if concluded, this massive regional trade agreement will set new standards for the grant of property rights in knowledge, and the enforcement of those rights. The TPP chapter on intellectual property covers all intellectual property types included in Part II of the WTO’s TRIPS agreement, plus some others, including not only patents, copyrights and trademarks, but also “undisclosed information”, test data for the registration of drugs, industrial designs, layout-designs of integrated circuits. The rules in the TPP are intended by the United States to become global norms, effectively replacing TRIPS. While there are plenty of issues in the TPP IP Chapter, this note only addresses one set of issues — those relating to the remedies for the infringement of intellectual property rights. The remedies include such topics as injunctions, damages, and the seizure or destruction of infringing goods.
Ukraine Open Access Initiative Roils Local Authors Seeking Copyright Protection 28/07/2015 by Eugene Gerden for Intellectual Property Watch 1 Comment It may be an open access initiative, but Ukrainian writers and authors are on the verge of massive protests, due to a recent initiative of the Ukrainian Parliament (Verkhovna Rada) to conduct digitalisation and online publishing of all of the books and documents stored in the national archives and libraries.
Nairobi WTO Ministerial Conference Preparation On Track, Says Ambassador 27/07/2015 by Intellectual Property Watch Leave a Comment “Membership is comfortable with the level of preparedness and what we have done as a country” to host the December trade ministerial, the Kenyan trade minister told press at the World Trade Organization today.
New Agenda Adopted For WIPO Committee On Patent Law 27/07/2015 by Intellectual Property Watch 2 Comments The World Intellectual Property Organization committee on the law of patents got a slow start this morning as delegates did not agree on the draft agenda submitted by the secretariat for this session. After informal consultations during the morning, WIPO members accepted a draft revised agenda proposed by the committee chair.
As TPP Ministers Meet, NGOs Make Urgent Push For Public Interest 27/07/2015 by William New, Intellectual Property Watch Leave a Comment Trade ministers negotiating the Trans-Pacific Partnership (TPP) agreement meet this week in Maui, Hawaii to try to finish the deal. Along with them are numerous public interest groups strenuously lobbying to steer the deal away from single-minded corporate interest.
Decision Time On Biologics Exclusivity: Eight Years Is No Compromise 27/07/2015 by Intellectual Property Watch 14 Comments Burcu Kilic and Courtney Pine write: As the Trans-Pacific Partnership (TPP) negotiations approach their endgame, biologics exclusivity is still considered “one of the most difficult outstanding issues in the negotiation.”[2] Pharmaceutical companies seek longer data and marketing exclusivities to further delay market entry of cost-saving biosimilar drugs. Data exclusivity prevents follow-on pharmaceutical developers from relying on originators’ test data submitted for marketing approval while seeking such approval for its own product. The World Trade Organization’s (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) requires some protection against unfair competition for this sort of data, but it does not require countries to adopt rules conveying exclusive rights over it in the same way as it does regarding patents.[3] Currently, the US provides 12 years of exclusivity for new biological products under the Biologics Price Competition and Innovation Act (BPCIA).[4] The provision providing 12 years exclusivity was buried inside the 20,000-page healthcare law, The Patient Protection and Affordable Care Act. A robust debate over what would be an appropriate exclusivity period, if any, was overshadowed by other controversial aspects of the bill commonly referred to as Obamacare.
WIPO Patent Law Committee Seeks To Overcome North-South Divide On Priorities 27/07/2015 by Catherine Saez, Intellectual Property Watch 1 Comment The World Intellectual Property Organization patent law committee meets this week with a work programme reflecting strong interests that are not equally shared by member states. Developed countries in the past have focused on ways to share work between patent offices, while developing countries would favour more time being spent on limitations and exceptions to patent rights, in particular in the area of health.
Intellectual Property Law Under The Prism Of The Right To Culture 24/07/2015 by Jos̩phine De Ruyck for Intellectual Property Watch Leave a Comment STRASBOURG, FRANCE РAlthough the right to science and culture has been enshrined in several international treaties, their exact implications in the intellectual property field have remained vague.
India IPR Policy Update: Final Draft Circulated 23/07/2015 by William New, Intellectual Property Watch 3 Comments The final draft of India’s national intellectual property policy has been circulated for inter-ministerial consultation and will be sent to the Cabinet for approval after receiving comments, the Ministry of Commerce and Industry said this week. Meanwhile, today public health groups in India announced that revocation of a Roche pharmaceutical patent has been upheld under Indian law.