India Proposes Expediting Patents For Women, Small Entities, Waiving PCT Fees 20/12/2018 by Intellectual Property Watch Leave a Comment The Indian Ministry of Commerce and Industry from the Department of Industrial Policy and Promotion recently published draft amendments to the Patent Rules of 2003 that would expand the eligibility for expedited examination of patent applications to include women and small entities, and would waive the fees for online filing of international patent applications through the Patent Cooperation Treaty (PCT), among other changes.
Do Patent Trolls Exist? Two Studies Reach Different Conclusions (Part 2) 18/12/2018 by Steven Seidenberg for Intellectual Property Watch 2 Comments Two recent academic papers examine whether Non-Practicing Entities (NPEs) deserve their reputation as patent trolls – but the papers reach conflicting conclusions. As discussed in the first part of this article, a paper published by Stanford’s Hoover Institution found that 26 publicly-listed NPEs invest in R&D and do little harm to America’s high tech sector. These findings, however, are less significant than they appear. Another paper, published by Harvard Business School (HBS), found that NPEs do on average behave as patent trolls. How important – and trustworthy – are the HBS findings?
WHO Report Shows Global Progress On Influenza Preparedness Response 18/12/2018 by David Branigan, Intellectual Property Watch Leave a Comment The World Health Organization has released a new report showing that significant progress has been made to build national and global preparedness for future influenza pandemics. This progress resulted from the collaborative multi-sectoral implementation of a WHO plan, funded by the benefit-sharing contributions of industry partners, to strengthen global health security against pandemic influenza.
WHO To Form Expert Panel On Challenges Of Human Gene Editing 17/12/2018 by Intellectual Property Watch 1 Comment The World Health Organization has announced it will be establishing a global multidisciplinary panel of experts “to examine the scientific, ethical, social and legal challenges associated with human gene editing.”
“Biopiracy” On The High Seas? Countries Launch Negotiation Towards A New International Legally Binding Instrument On Marine Genetic Resources In Areas Beyond National Jurisdiction 14/12/2018 by Intellectual Property Watch, Intellectual Property Watch 1 Comment Wend Wendland writes: Countries have begun to negotiate a new international legally binding instrument on marine genetic resources in the high seas. The negotiation is an opportunity for countries to re-think existing frameworks which regulate access to and benefit-sharing in genetic resources. Countries have divergent views on if and how IP issues should be addressed in the new instrument. Developing countries have an interest in the establishment of mechanisms for the fair and equitable sharing of benefits from research into marine genetic resources and for the transfer of marine technologies. IP issues are relevant in both cases.
EU Committees Amend SPC Manufacturing Waiver, Push Access To Generics, Biosimilars 14/12/2018 by David Branigan, Intellectual Property Watch Leave a Comment The European Parliamentary Committees on Health and Trade have each voted in recent weeks to adopt amendments to the proposed Special Protection Certificate (SPC) manufacturing waiver, an intellectual property exception for the EU generic and biosimilar industry. The amendments include provisions that push the waiver toward increasing EU generic and biosimilar industry competitiveness in EU markets, and improving access for EU patients to affordable medicines. The waiver and amendments still have several hurdles to go, including a vote by the Legal Affairs Committee planned for January.
WIPO: Facilitators Suggest First Revision Of Draft Articles On Protection Of TK, Folklore 13/12/2018 by Catherine Saez, Intellectual Property Watch Leave a Comment This week’s first revisions of draft articles of potential treaties protecting traditional knowledge, and folklore were released midweek at the World Intellectual Property Organization. Changes included new elements on a tiered approach in the protection of traditional knowledge, whether it is restricted, narrowly diffused, or widely diffused.
Indigenous IP And Climate Change Subject Of New Book 12/12/2018 by Catherine Saez, Intellectual Property Watch Leave a Comment As this week opened with a meeting of the World Intellectual Property Organization committee working on the protection of genetic resources and traditional knowledge, a new book was released that looks into indigenous rights and indigenous intellectual property, in the context of the Paris Agreement. The book also looks into Tesla’s open innovation strategy.
Experts Call For Global Accountability Mechanism For Access To Essential Medicines 10/12/2018 by Intellectual Property Watch 1 Comment Global health experts, including senior officials at the World Health Organization, are calling for a global accountability mechanism for access to essential medicines, noting that a the lack of data on medicines affordability and national pharmaceutical expenditures has hindered this process, according a recent article published in UK medical journal The Lancet.
Traditional Knowledge, Folklore: How To Protect Them From Misappropriation – This Week At WIPO 10/12/2018 by Catherine Saez, Intellectual Property Watch Leave a Comment The ways to protect traditional knowledge and folklore against misuse and misappropriation are under discussion this week at the World Intellectual Property Organization. Member states are trying to find consensus on draft articles of a potential treaty, with a focus on core subjects, such as the scope of protection, and definition. Meanwhile, the fund which allows indigenous peoples to participate in the discussion is depleted, as calls for contributions have remained unanswered and some countries have refused in the past to allow WIPO’s ample revenues to pay for them.