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New Rules On Generic Biological Medicines Under US Congressional Debate

17/07/2008 by Liza Porteus Viana, Intellectual Property Watch Leave a Comment

By Liza Porteus Viana for Intellectual Property Watch
When Biotechnology Industry Organization CEO Jim Greenwood meets with members of the United States Congress to talk to them about follow-on biologics, he brings a graphic model of an aspirin and a DVD showing the complex molecules of a biologic drug. He uses these visuals to help explain the differences between traditional chemical drugs and newer, cutting-edge biological ones being used in many breakthrough therapies for cancer, multiple sclerosis, HIV/AIDS, and other diseases.

The differences between traditional chemical drugs and biological ones is the crux of the debate going on in the United States as Congress and the Food and Drug Administration (FDA) try to create a regulatory pathway that gives consumers greater access to cheaper, generic biological drugs, but still spurs innovation and protects innovator patent claims.

“When the legislation was introduced at the beginning of this Congress, most pundits expected that we’d oppose it,” said Greenwood, a former House representative from Pennsylvania, told Intellectual Property Watch. “But that was a mistake the pharmaceutical industry made in the ’80s – trying to resist the notion you could safely make generics …our view at BIO is that we need to follow the science, and science says you can make follow-on biologics that can be safe and can save the consumer money and therefore we support it.”

Filed Under: Subscribers, Biodiversity/Genetic Resources/Biotech, English, Health & IP, Human Rights, Lobbying, North America, Patents/Designs/Trade Secrets

Modalities Text On IP Issues Floated At WTO Available Here

15/07/2008 by William New, Intellectual Property Watch Leave a Comment

A confidential text, dated 30 June and available here, and circulated recently among some World Trade Organization members reveals an attempt to consolidate separate proposals on the protection of geographical indications, biodiversity and traditional knowledge.

Filed Under: Subscribers, English, WTO/TRIPS

Intellectual Property: A Means To An Access And Benefit-Sharing End?

14/07/2008 by Kaitlin Mara for Intellectual Property Watch Leave a Comment

By Kaitlin Mara
Intellectual property is a useful leveraging tool for developing countries eager to see the creation of a global access and benefit-sharing regime on genetic resource use, said a recent panel on biodiversity protections in international law.

“Benefit-sharing was viewed as an integral part of the main bargain between developed and developing countries” when the Convention on Biological Diversity (CBD) was first formed, said Timothy Hodges, a Canadian official who co-chairs an access and benefit-sharing working group under the CBD.

Filed Under: Subscribers, Biodiversity/Genetic Resources/Biotech, English, Traditional and Indigenous Knowledge, WIPO, WTO/TRIPS

Draft Chair’s Summary Of WIPO Committee On Development And IP

11/07/2008 by William New, Intellectual Property Watch 4 Comments

Chairman Trevor Clarke of the WIPO Committee on Development and IP on 10 July drafted a summary of the committee’s second meeting, being held 7 to 11 July. Members will discuss the text on Friday, and send the agreed version to the September WIPO General Assembly for approval.

Filed Under: Subscribers, Themes, Development, English, Human Rights, Technical Cooperation/ Technology Transfer, WIPO

July Edition of IP-Watch Monthly Reporter Now Available

08/07/2008 by Kaitlin Mara for Intellectual Property Watch Leave a Comment

The Intellectual Property Watch Monthly Reporter features the most important news on international IP policymaking, the latest on who is coming and going in the IP community at the United Nations, World Trade Organization, Geneva missions, regional and national IP offices, industry and non-governmental organisations, plus News Briefs on reports and events that do not […]

Filed Under: Editorials, Subscribers, English

YouTube, eBay Decisions Raise Questions For US Copyright Law

07/07/2008 by Drew Clark for Intellectual Property Watch Leave a Comment

By Drew Clark for Intellectual Property Watch
WASHINGTON, DC – Two recent court decisions against key United States internet companies – Google and eBay – are almost certain to reopen a long-standing truce between intellectual property rights-holders and website operators, over liability for the actions of users.

Filed Under: Subscribers, Themes, Access to Knowledge/ Education, Copyright Policy, Enforcement, English, IP Law, Information and Communications Technology/ Broadcasting, North America

Summary Text From WCO Policy Commission 59th Session Available

30/06/2008 by Kaitlin Mara for Intellectual Property Watch Leave a Comment

The World Customs Organization’s advisory body met from 23 – 24 June, where IP enforcement via customs offices was among issues discussed. This document is a summary of recommendations made to the WCO’s decision-making Council.

Filed Under: Subscribers, English

US Supreme Court Limits Patent Owners’ Control Over Downstream Use Of Their Inventions

25/06/2008 by William New, Intellectual Property Watch 1 Comment

By Steven Seidenberg for Intellectual Property Watch
The United States has once again chipped away at patent rights. The country’s highest court recently handed down a ruling that makes it harder for patent owners to impose limits on downstream users of their inventions.

The US Supreme Court’s decision in Quanta Computer Inc. v. LG Electronics Inc., however, fails to address a major issue facing patent owners and their legal counsel: Can patent owners use conditional sales or licensing agreements to impose restrictions on downstream users?

Filed Under: Subscribers, English, Information and Communications Technology/ Broadcasting, North America, Patents/Designs/Trade Secrets

Attorneys: New USPTO Patent Appeals Rules Will Raise Costs, Accomplish Little

18/06/2008 by Dugie Standeford for Intellectual Property Watch Leave a Comment

By Dugie Standeford for Intellectual Property Watch
New United States Patent and Trademark Office procedural rules governing ex parte appeals of rejected patent applications before the Board of Patent Appeals and Interferences (BPAI) have met with resistance from some patent attorneys, who argue they are unfair, unnecessary and will hurt smaller and foreign patent applicants. The USPTO said it adopted the rules, effective 10 December 2008, to streamline the handling of a growing number of such appeals.

Filed Under: Subscribers, Themes, English, IP Law, North America, Patents/Designs/Trade Secrets

Panelists: Balance Needed Between Antitrust Law, Patent Quality

11/06/2008 by Liza Porteus Viana, Intellectual Property Watch Leave a Comment

By Liza Porteus Viana for Intellectual Property Watch
WASHINGTON, DC – A careful balance must be struck between ensuring the quality of the United States patent system – and the patents themselves – and antitrust law to ensure that new technologies and services can be brought to market, particularly in the pharmaceutical industry, experts said in Washington Monday.

“Imbalance can result in less competition, less innovation,” Deborah Garza, deputy assistant attorney general for the Department of Justice’s antitrust division, said during a meeting of the Intellectual Property Owners Association.

Filed Under: Subscribers, Themes, English, Europe, Health & IP, IP Law, North America, Patents/Designs/Trade Secrets

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