Balance Achieved In Future Work For WIPO Patent Law Committee, Delegates Say 13/07/2018 by Catherine Saez, Intellectual Property Watch 2 Comments The last World Intellectual Property Organization committee before the summer break ended on a happy note this week. After some time spent tweaking the future work of the WIPO committee on the law of patents, delegates appeared satisfied with the balance achieved. The week saw plans for conferences, numerous new proposals and calls for reports, on subjects such as research exceptions, patents and medicines access, compulsory licensing, technology transfer, and patent quality.
Trading Partners Led By US, EU, Take China To Task In WTO Forum Over Weak Protection Of IP Rights 12/07/2018 by John Zarocostas for Intellectual Property Watch 2 Comments Major trading powers led by the United States and European Union took China to task in a World Trade Organization forum today (11 July) over the county’s weak intellectual property rights regime.
Global Innovation Index 2018: China Breaks Into Top 20, US Drops Out Of Top 5 11/07/2018 by David Branigan, Intellectual Property Watch 1 Comment NEW YORK — The 11th edition of the Global Innovation Index 2018 (GII), co-published by Cornell University, INSEAD, and the World Intellectual Property Organization, was released yesterday at a launch event in New York. This year’s report showed Switzerland still at the top overall, China continuing to rise, the United States slipping, and explored how countries can vary on inputs and outputs of innovation.
Study Reconsiders “Public Domain” In The Protection Of Traditional Knowledge 11/07/2018 by Damilola Adepeju for Intellectual Property Watch 1 Comment A recent study has revisited the meaning of “public domain” in line with its usage in discussions on protection of traditional knowledge (TK). The study highlights that it provides a non-Eurocentric conception of “public domain” in order to recognise the customary laws and practices of indigenous and local communities (ILCs).
Monopolies: State And Corporate Interests Surrounding Access To Medicines 10/07/2018 by Adithi Koushik for Intellectual Property Watch Leave a Comment Amongst the many issues faced by developing countries to ensure access to medicines, cost is a primary one. Proposals to tackle it include limiting the price and regulating competitive conditions. Monopolies created by patents are seen by many as an impediment to accessing basic healthcare. Meanwhile, countries have realised that imposing stringent criteria for granting patents and taking a long duration to process them could be detrimental to them as much as resisting the regime.
WIPO Publishes Guide To Tackling Issues In Access & Benefit-Sharing Agreements 09/07/2018 by Adithi Koushik for Intellectual Property Watch Leave a Comment The World Intellectual Property Organization has published a guide to access and benefit-sharing agreements for use of genetic resources.
UN Urged To Emphasize Health Over Profit At Upcoming UN High-Level Meeting On NCDs 06/07/2018 by David Branigan, Intellectual Property Watch 2 Comments An open letter sent by 242 organisations and individuals to key United Nations and World Health Organization representatives on 4 July demanded that high prices limiting access to medicines and effective treatment be addressed at the upcoming UN High-Level Meeting on Non-Communicable Diseases.
Excessive Pricing And Sham Patent Litigation: The Pfizer And AbbVie Decisions 03/07/2018 by Intellectual Property Watch 2 Comments Frederick Abbott writes: Competition law is a critical tool in seeking to maintain some semblance of reasonable pricing in the pharmaceutical market. It is particularly important as legislators around the world appear extremely hesitant to address pharmaceutical pricing in meaningful ways, regrettably influenced by well-funded lobbying. Two recent competition law decisions discussed below illustrate the importance of and challenges to regulating the pharmaceutical sector. In the first, the UK Competition Appeal Tribunal (CAT) partially upheld and partially reversed and remanded (pending briefing) a decision by the Competition and Markets Authority (CMA) fining Pfizer and Flynn close to £90 million for abuse of dominant position in the excessive pricing of an anti-epilepsy drug. The CAT decision is problematic because it creates unnecessary and unwarranted hurdles to findings of excessive pricing in the UK. In the second decision, the US Federal Trade Commission succeeds in proving that AbbVie engaged in abuse of monopoly power by engaging in sham patent litigation against two generic producers in order to delay market entry of competitive products. The Federal District Court found that AbbVie’s patent lawyers by “clear and convincing” evidence had knowingly pursued patent infringement claims without chance of success for no other purpose than to delay market entry.
Leaders On Global Trade Discuss Leadership And Current Trade Challenges 03/07/2018 by Damilola Adepeju for Intellectual Property Watch Leave a Comment A recent event jointly organised by the Graduate Institute Centre for Trade and Economic Integration and the United Kingdom Department for International Trade and its Mission to the WTO brought together several leaders on global trade to discuss the current challenges in trade and how best to address them.
WIPO IP And Genetic Resources Committee Makes Progress Despite Block At End 02/07/2018 by Catherine Saez, Intellectual Property Watch 2 Comments It seemed last week that after years of mainly fruitless discussions at the World Intellectual Property Organization committee seeking ways to protect genetic resources, progress was achieved and some agreement was within reach. However, on the last day, the United States, supported by Japan, rose against the consensus on a draft text, provoking the ire of developing countries, and general disappointment.