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.
AbbVie Hepatitis C Treatment Patents Challenged In India For Evergreening 26/07/2018 by Intellectual Property Watch 1 Comment The Initiative for Medicines, Access & Knowledge (I-MAK) and the Delhi Network of Positive People (DNP+) filed an opposition with the Indian Patent Office in Delhi on 21 July to prevent the granting of a patent to AbbVie on pibrentasvir, which forms part of Mavyret, their drug used to treat Hepatitis C, according to a press release.
UN Political Declaration On TB Finalised: No Commitment To TRIPS Flexibilities 24/07/2018 by David Branigan, Intellectual Property Watch 3 Comments Members of the United Nations concluded negotiations on the draft of the Political Declaration on the Fight Against Tuberculosis on 20 July. After weeks of heated negotiations over the inclusion of references to TRIPS flexibilities in the operative paragraphs, with the Group of 77 pushing for inclusion and the United States against it, the final text of the political declaration reflects the deadlock of these positions. Due to the inability of member states to reach agreement, the final text does not include substantive reference to TRIPS flexibilities. If no countries object, this final draft of the Political Declaration on TB will be adopted by the General Assembly at the High-Level Meeting on Tuberculosis, which will take place on 26 September at the United Nations in New York, and will serve as the authoritative agreement from which action plans will be drawn. According to sources, countries have until tonight in New York to decide whether to object, and G77 nations are considering their options.
Native Tribes Can’t Shield Patents From USPTO Review 21/07/2018 by Steven Seidenberg for Intellectual Property Watch 1 Comment The strategy was breathtaking in its boldness. Just days before the USPTO was to hear a challenge to Allergan Inc.’s patents on a dry-eye drug, Restasis, the company transferred those patents to a Native American tribe; the tribe then sought to dismiss the USPTO proceedings by asserting sovereign immunity. Following this action, a number of other patentees made similar transfers to Native tribes, in order to protect their patents. More patentees were poised to do so, should this ploy prove effective. It, however, did not. On 20 July, the Federal Circuit Court of Appeals ruled the tribe’s sovereign immunity did not protect its patents from USPTO review. The ruling thus kept intact a key component of America’s patent system.
US Continues To Block Progress On WTO Appeals Body, While Rapidly Adding Cases To The System 20/07/2018 by Catherine Saez, Intellectual Property Watch Leave a Comment The United States is piling up dispute settlement cases against its trading partners at the World Trade Organization while at the same time ironically blocking any progress on the selection of panellists for appeals in the WTO dispute settlement process.
NGOs: Countries Pressured To Drop Reference To Affordable Medicines In UN TB Negotiations 20/07/2018 by William New, Intellectual Property Watch 2 Comments United Nations members in the final days of negotiating the text of the declaration for a late September high-level meeting on tuberculosis have come under pressure from the United States to omit language referring to the importance of making affordable medicines available to patients in need, according to an urgent bulletin today from a health advocacy group.
Oppositions Filed Against Gilead Hepatitis C Patent Applications In India 20/07/2018 by Gaensly Joseph for Intellectual Property Watch 2 Comments Oppositions have been filed in India against two patent applications from US pharmaceutical company Gilead for important hepatitis C medicines, according to non-governmental sources. The opposition filings assert that these applications are “evergreening” patents and therefore violate Indian patent law.
Dangers Of Means Plus Function Limitations In US Patent Prosecution 19/07/2018 by Intellectual Property Watch 1 Comment Broad patent protection is one of the goals when securing patent protection for inventions (i.e., new products and services). However, issues start to arise when the claim language becomes too broad. For example, broad claims might be construed as a means plus function limitation against the intentions of the patent prosecutor, and in some cases, those patents are invalidated as being indefinite. At least, this is the case with US patent prosecution. The patent laws of other jurisdictions treat means plus function style of claiming differently, and in my experience, less detrimental to the validity of the patent, writes James Yang.
WIPO Looks At Importance Of Standards Documents, Collaboration Of IP Offices And Standards Organisations 18/07/2018 by Catherine Saez, Intellectual Property Watch Leave a Comment Common standards are essential for technologies, particularly for interoperability. However, a number of technologies essential to standards are patented, which has created issues relating to licensing or high royalties. Last week, the World Intellectual Property Organization organised an information session on patents and standards, including aspects of patent quality, issues relating to international trade, and the role of the organisation in facilitating the relationship between patents and standards.
Global Innovation Divide: Can Investment In Innovation Bridge The Gap? 17/07/2018 by David Branigan and William New, Intellectual Property Watch 1 Comment The Global Innovation Index 2018, launched on 10 July in New York, has lauded the rise of China as a model for how other low and middle-income economies can advance on innovation. Amid this optimism, however, the global innovation divide remains in step with the global income divide, raising questions for how to bridge this gap. The new index shows signs of progress.