Negotiations On UN Tuberculosis Declaration Still Open, Reports Say 27/07/2018 by William New, Intellectual Property Watch 2 Comments Negotiations for a United Nations declaration on ending tuberculosis had drawn to a close earlier this week, with the United States seeming to succeed on a hardline position to keep mention of intellectual property rights and affordability of medicines out of the text. But nongovernmental reports say the draft has not been accepted by all members and that negotiations will have to be reopened.
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.
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.
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.
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.
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.
WTO Panel On Australia’s Tobacco Plain Packaging: A Fact Dependent Analysis Of TRIPS Art 20 03/07/2018 by Intellectual Property Watch 4 Comments The WTO Panel’s long-awaited Reports in the four complaints against Australia’s tobacco plain packaging measures were circulated on 28 June 2018, more than 4 years since Panel establishment. Australia’s victory was absolute. It successfully defended its measures against every claim. Yet closer analysis of the Panel’s reasoning regarding specific provisions such as Article 20 of the TRIPS Agreement may cause some concern for policy-makers given how much the Panel’s conclusions relied on its assessment of the facts and evidence before it.
Australian Tobacco Plain Packaging Upheld In Decision At WTO 28/06/2018 by William New, Intellectual Property Watch 2 Comments A World Trade Organization dispute settlement panel has ruled that Australia’s law requiring tobacco products be sold in plain packages in the interest of public health does not violate the country’s obligations at the global trade body. In Australia and increasingly in other countries, tobacco must be sold with no trademarks or marketing visible other than name. The landmark dispute was seen by some as at the nexus of economic and health interests for the WTO.