UN Human Rights Council Adopts Access To Medicines Resolution 23/06/2017 by William New, Intellectual Property Watch 2 Comments The United Nations Human Rights Council today adopted a resolution on the right to health in relation to the UN 2030 Sustainable Development Goals (SDGs), including a call for medicines and vaccines access for all. The resolution also requested the UN human rights commissioner to report on the right to health.
TRIPS Council Members: Defining IP Rights And The Public Interest 15/06/2017 by Catherine Saez, Intellectual Property Watch Leave a Comment “Political and economic pressure placed on governments to forgo the use of TRIPS flexibilities violates the integrity and legitimacy of the system of legal duties and rights created by the TRIPS agreement and as reaffirmed by the Doha Declaration,” India told a World Trade Organization committee this week, referring to the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
US Supreme Court Adopts International Exhaustion Of Patents (Part II): Addressing the New Competitive Landscape 08/06/2017 by Intellectual Property Watch 1 Comment Frederick M. Abbott writes: The US Supreme Court has created a new competitive landscape with its decision adopting international exhaustion of patents. For the pharmaceutical sector, we can expect an initial period of uncertainty as the US Food and Drug Administration (FDA) assesses the regulatory framework affected by the decision and as competing stakeholders advance their interests. In an earlier Inside Views contribution, I addressed the principal impact of the decision on the US pharmaceuticals market: downward pricing pressure.[1] This follow-on addresses some of the regulatory and access issues affected by the decision, observing that parallel trade in pharmaceutical products is a long-standing practice, that recently introduced US legislative proposals may shape the regulatory framework in the United States, and concluding with ways that access programs in favor of developing countries are protected.
IP And The Public Interest Premieres At WTO TRIPS Council Next Week 07/06/2017 by Catherine Saez, Intellectual Property Watch Leave a Comment It has become a tradition at the World Trade Organization committee on intellectual property to have an agenda item on intellectual property and innovation, and next week’s meeting is no exception. More noticeable on the agenda of the committee next week is an item on intellectual property and the public interest that addresses compulsory licensing.
New WHO Essential Medicines List: Antibiotics, Hepatitis C, Leukaemia, TB 06/06/2017 by Catherine Saez, Intellectual Property Watch 3 Comments The World Health Organization’s new list of essential medicines, those which should be available to everyone, anywhere, was issued today. To answer the rising concern about antimicrobial resistance, the antibiotics on the list have been divided in three groups, the last of which are to be used as a last resort. The list includes the first combination therapy to treat all six types of hepatitis C. However, no second line treatment for breast cancer has been added this year.
REGISTER NOW! The Global Debate On Intellectual Property, Trade And Development: Past, Present and Future 05/06/2017 by Guest contributor for Intellectual Property Watch Leave a Comment The Global Debate on Intellectual Property, Trade and Development: Past, Present and Future A Conference in Honour of Pedro Roffe
A Summary Of Key IP-Related Actions Taken By The 70th World Health Assembly 31/05/2017 by Catherine Saez and Elise De Geyter for Intellectual Property Watch 1 Comment After what was described as the biggest World Health Assembly ever, with the highest number of agenda items and the highest attendance, it seemed that all’s well that ends well at the closing ceremony earlier today. A notable fact during this assembly has been the rising volume of voices from developing countries, joined by developed countries on issues related to access to affordable, safe, and efficacious medicines. Resolutions and decisions were adopted, many with hopes of better addressing challenges such as antimicrobial resistance, cancer, substandard and falsified medical products, medicines access and shortages and more.
Resolution On Cancer Hailed By WHO Members, Easily Adopted In Committee 31/05/2017 by Catherine Saez, Intellectual Property Watch 1 Comment It is not a mystery, cancer has been spreading for decades, in particular in low and-middle income countries, and is not stopping its course in the foreseeable future. Members of the World Health Organization in committee yesterday adopted a resolution to improve prevention, diagnostics, treatment, and palliative care for cancer, in statements stripped of controversy.
US Supreme Court Adopts International Exhaustion For Patents: Paving the way for parallel imports to exert downward pressure on domestic pharmaceutical (and other) prices 31/05/2017 by Intellectual Property Watch 1 Comment Frederick M. Abbott writes: The Supreme Court of the United States on May 30, 2017 adopted a rule of international exhaustion of patent rights for the United States in Impression Products v. Lexmark International, No. 15-1189. The near-unanimous decision authored by Chief Justice Roberts is unambiguous and unequivocal.[1] The Court paid short shrift to contrary decisions of the Court of Appeals for the Federal Circuit in Jazz Photo Corp. v. International Trade Commission, 264 F. 3d 1094 (Fed. Cir. 2001) and in this case on certiorari, Lexmark International v. Impression Products, 816 F.3d 721 (Fed. Cir. 2016). In addition to adopting international exhaustion, the Supreme Court ruled firmly against enforcement of post-sale restrictions through infringement actions based on patent. The Court allowed for enforcement under contract law of limitations that may be included in patent licenses.
WHA Committee Bans IP Reference In Substandard And Falsified Medicines 30/05/2017 by Elise De Geyter for Intellectual Property Watch Leave a Comment The “delicious acronym SSFFC” – as described by Marie-Paule Kieny, assistant director-general for Health Systems and Innovation at the World Health Organization – will no longer be used by WHO to describe substandard and fake medical products, when a committee’s decision is adopted by the full World Health Assembly tomorrow. And key to this decision is that protection of intellectual property rights is not a competence of the UN health agency.