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Intellectual Property Watch

Original news and analysis on international IP policy

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WIPO Model Law Needs Revision, Developing Countries Say; Developed Countries Reluctant

30/07/2015 by Catherine Saez, Intellectual Property Watch 2 Comments

The World Intellectual Property Organization provides legislative assistance to developing countries and least-developed countries upon request by individual member states. This week at the WIPO patent law committee, the Latin American and Caribbean Group tabled a proposal to revise the 1979 WIPO model law for developing countries on inventions, arguing it is obsolete.

Filed Under: IP Policies, Language, Themes, Venues, Development, English, IP Law, Patents/Designs/Trade Secrets, Technical Cooperation/ Technology Transfer, WIPO

WIPO Patent Committee Searching For Common Ground For Future Discussions

29/07/2015 by Catherine Saez, Intellectual Property Watch Leave a Comment

After a slow start this week due to late approval of the agenda, the World Intellectual Property Organization patent law committee is now sailing through the proposed schedule. However, previous positions remain unchanged and the core issue of the session is to find common ground on the future work of the committee.

Filed Under: IP Policies, Language, Subscribers, Themes, Venues, Development, English, Health & IP, IP Law, Innovation/ R&D, Patents/Designs/Trade Secrets, WIPO

Panel: Biotech Industry Executives Shine Light On Their IP Management Strategies

29/07/2015 by Rishi Dhir for Intellectual Property Watch Leave a Comment

“IP is a very crucial part of our business and I can’t imagine being in biotech without a very strong emphasis on intellectual property,” a biotech industry executive said during a panel organised at the World Intellectual Property Organization yesterday.

Filed Under: IP Policies, Language, Subscribers, Themes, Venues, Biodiversity/Genetic Resources/Biotech, English, Finance, Innovation/ R&D, Lobbying, Patents/Designs/Trade Secrets, Technical Cooperation/ Technology Transfer, UPOV / CBD, WIPO

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.

Filed Under: IP Policies, Language, Themes, Venues, Access to Knowledge/ Education, Africa, Copyright Policy, Development, Enforcement, English, Human Rights, Information and Communications Technology/ Broadcasting, Innovation/ R&D, Regional Policy, Technical Cooperation/ Technology Transfer

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.

Filed Under: Features, Inside Views, IP Policies, Language, Themes, Venues, Access to Knowledge/ Education, Bilateral/Regional Negotiations, Copyright Policy, Enforcement, English, Finance, Human Rights, North America, Patents/Designs/Trade Secrets, Regional Policy, Trademarks/Geographical Indications/Domains

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.

Filed Under: IP Policies, Language, Themes, Venues, Access to Knowledge/ Education, Copyright Policy, Enforcement, English, Europe, Information and Communications Technology/ Broadcasting, Innovation/ R&D, Lobbying, Regional Policy

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.

Filed Under: IP-Watch Briefs, IP Policies, Language, Themes, Venues, Copyright Policy, Development, Enforcement, English, Finance, Patents/Designs/Trade Secrets, Trademarks/Geographical Indications/Domains, WTO/TRIPS

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.

Filed Under: IP-Watch Briefs, IP Policies, Language, Themes, Venues, English, Health & IP, IP Law, Patents/Designs/Trade Secrets, Technical Cooperation/ Technology Transfer, WIPO

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.

Filed Under: IP Policies, Themes, Venues, Access to Knowledge/ Education, Bilateral/Regional Negotiations, Copyright Policy, Enforcement, English, Finance, Health & IP, Human Rights, Lobbying, North America, Patents/Designs/Trade Secrets, Regional Policy, Trademarks/Geographical Indications/Domains

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.

Filed Under: Features, Inside Views, IP Policies, Language, Themes, Venues, Access to Knowledge/ Education, Bilateral/Regional Negotiations, Biodiversity/Genetic Resources/Biotech, Development, English, Health & IP, Human Rights, Innovation/ R&D, North America, Patents/Designs/Trade Secrets, Regional Policy, Technical Cooperation/ Technology Transfer

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