Panellists To CBD: Funds Needed To Save Biodiversity, Genetic Resources Not In Nagoya Protocol Should Be Included 27/11/2018 by Catherine Saez, Intellectual Property Watch 1 Comment SHARM-EL-SHEIKH, Egypt – The access and benefit sharing protocol of the UN Convention on Biological Diversity is based on bilateral agreements between providers and users of genetic resources. There are, however, many cases where genetic resources are dispersed, and difficult to attribute to only one location. The issue is being discussed at the biennial meeting of the CBD member states, in particular the possibility of a global multilateral benefit-sharing mechanism to address those genetic resources not yet covered by the protocol. A side event yesterday explored the possible conditions and needs for establishing such a mechanism, and called for urgent action.
Gene Editing: Fears Lead To Call For Moratorium At CBD, Discussions Ongoing 23/11/2018 by Catherine Saez, Intellectual Property Watch 2 Comments Gene editing techniques have opened the way to a new world of innovations. One of them is the potential eradication of malaria-carrying mosquitoes. What appears as a very attractive way to help with malaria eradication is denounced by civil society groups arguing that the technology is in its infancy. Wiping out entire species could have unforeseen environmental, health, and social consequences, they say. They are calling for a moratorium preventing the release of gene drive organisms in the wild. They also describe the gene drive mosquitoes as a Trojan horse, hiding broader interests of agricultural multinational corporations.
UN Committee Adopts ‘Landmark’ Declaration Reinforcing Peasants’ Rights To Seeds 23/11/2018 by Catherine Saez, Intellectual Property Watch 2 Comments The social, humanitarian and cultural committee of the United Nations meeting this month adopted a UN Declaration on the Rights of Peasants and Other People Working in Rural Areas. The declaration includes the right to save, exchange, and sell farm-saved seeds, a contentious issue for which small farmers have been campaigning for years.
African Civil Society Outcry Over ARIPO’s Closed Decision-Making On Health And IP 22/11/2018 by Intellectual Property Watch 1 Comment As the African Regional Intellectual Property Organization (ARIPO) Administrative Council meets this week, more than 60 civil society groups are calling for greater inclusion and more transparency on access to medicines and diagnostics. Signatories are asking for a review of the Harare Protocol on patents and industrial designs, and raised concern about over-reliance on advice of the United Nations intellectual property agency for decisions affecting broader public health in the region.
US Section 301 Update On China: Systematic Espionage, Plundering Of IP In US, EU, Australia, Japan 20/11/2018 by William New, Intellectual Property Watch 4 Comments The Office of the United States Trade Representative’s (USTR) latest update of its “Section 301” investigation of China’s alleged theft and manipulation of US intellectual property rights, technology transfer, and trade secrets released today contains a litany of cases of China’s nefarious behaviour in the US as well as Europe, Japan, Australia and elsewhere.
Convention On Biological Diversity Biennial Meeting Looks At How New Technologies Will Affect Its Objectives 20/11/2018 by Catherine Saez, Intellectual Property Watch 2 Comments Member countries of the UN Convention on Biological Diversity are meeting in Egypt for its biennial conference of the parties, and the conference of the parties of its protocol on access and benefit sharing, until the end of November. New technologies are high on the agenda of the meeting, such as synthetic biology and genetic sequence information of genetic resources, and how they will impact the convention’s objectives. Delegates are also expected to discuss a potential global multilateral benefit-sharing mechanism, and criteria for international specialised instruments of access and benefit-sharing which could substitute the protocol’s obligations in certain cases.
The Bumpy Road To Selection Patents In India 19/11/2018 by Intellectual Property Watch 1 Comment Namrata Chadha, of K&S Partners, a Tier 1 Indian law firm, discusses various crucial aspects relating to patenting of selection inventions in India, especially in pharmaceuticals and chemicals. Summary: The patenting of selection inventions is not plain sailing in India. The patentability of such inventions must be determined in accordance with the general provisions of the Indian Patents Act, as there is no separate provision for the same in the Act. Of the said general provisions, the assessment of inventive step and testing under section 3(d) of the Indian Patents Act can be perceived as the most critical to patentability of selected novel species. Additionally, the concepts of ‘implicit disclosure’ and the contrasting views on ‘coverage vs disclosure’ frequently makes it challenging for applicants to defend their novel selection under the Indian scenario. Given the lack of enough precedents in India on this aspect, to date the fate of selection patents depends mostly on the judgement of the patent controllers. Not all hope is lost, however, since not only the Indian Patent Office, but also the IPAB and higher Courts have time-and-again acknowledged the existence of selection patents in India.
A Look At The Proposed EU IP Exception To Promote Generic, Biosimilar Industry Competitiveness 16/11/2018 by David Branigan, Intellectual Property Watch 1 Comment The European Commission has proposed an exception to the extended period of patent protection that the European Union provides to original drug manufacturers for certain products, in order to boost the competitiveness of EU generic and biosimilar industries in global markets. The exception will allow EU generic and biosimilar companies to manufacture protected drugs for export during this patent extension period. Stakeholders are so far unhappy with the exception. Meanwhile, studies analyse its potential economic impacts and legal implications, and the Commission remains confident that safeguards it is putting in place will keep the lower-priced medicines from making their way back into the EU.
China’s Xi Jinping Signals Higher Focus On IP, Market Opening To Ease US-Sino Tensions, But Global Leadership Friction In Innovation To Persist 15/11/2018 by John Zarocostas for Intellectual Property Watch Leave a Comment SHANGHAI, China — The President of China, Xi Jinping, in a keynote address on 5 November to political and business leaders attending the opening of the first China International Import Expo (CIIE) in Shanghai sent a strong diplomatic signal that Beijing will push ahead with further opening up of the economy to more international competition. In a move to try and ease US-Sino tensions Xi also indicated China will take proactive steps to boost protection of intellectual property rights (IPRs), including harsher penalties against violators – a major grievance for the United States and the pivotal issue in the escalating trade war between the world’s two largest economies.
Global Biotech Industry Revisits Geneva, Seeks To Build Relationships To Help Shape Policies 14/11/2018 by Catherine Saez, Intellectual Property Watch Leave a Comment A global association representing biotechnology industries last week made a second annual visit to Geneva’s institutions to raise awareness of how the industry works, its needs, and how the association could participate better in policymaking. Dismissing fears of industry unduly influencing public policies, two representatives of the association sat down with Intellectual Property Watch’s Catherine Saez to explain the importance of biotechnology in solving the problems of the world, and the need to raise awareness of the perspective of the biotechnology sector.