US Continues To Block Progress On WTO Appeals Body, While Rapidly Adding Cases To The System 20/07/2018 by Catherine Saez, Intellectual Property Watch Leave a Comment The United States is piling up dispute settlement cases against its trading partners at the World Trade Organization while at the same time ironically blocking any progress on the selection of panellists for appeals in the WTO dispute settlement process.
Honduras Files Appeal Against WTO Ruling That Allowed Tobacco Plain Packaging 20/07/2018 by Catherine Saez, Intellectual Property Watch Leave a Comment The World Trade Organization last month released the long-awaited ruling of its dispute settlement body on Australia’s legislation requiring plain packaging for tobacco products, finding in favour of Australia. Yesterday, Honduras filed a formal appeal against the ruling.
Oppositions Filed Against Gilead Hepatitis C Patent Applications In India 20/07/2018 by Gaensly Joseph for Intellectual Property Watch 2 Comments Oppositions have been filed in India against two patent applications from US pharmaceutical company Gilead for important hepatitis C medicines, according to non-governmental sources. The opposition filings assert that these applications are “evergreening” patents and therefore violate Indian patent law.
Dangers Of Means Plus Function Limitations In US Patent Prosecution 19/07/2018 by Intellectual Property Watch 1 Comment Broad patent protection is one of the goals when securing patent protection for inventions (i.e., new products and services). However, issues start to arise when the claim language becomes too broad. For example, broad claims might be construed as a means plus function limitation against the intentions of the patent prosecutor, and in some cases, those patents are invalidated as being indefinite. At least, this is the case with US patent prosecution. The patent laws of other jurisdictions treat means plus function style of claiming differently, and in my experience, less detrimental to the validity of the patent, writes James Yang.
Albania Introduces New Trademark Regulation 17/07/2018 by Guest contributor for Intellectual Property Watch 1 Comment A new trademark regulation entered into force in Albania on June 7, 2018, clarifying a range of issues raised by the changes to the Albanian Industrial Property Law in force as of March 24, 2017. Some of the most significant changes and clarifications concern the following:
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.
On Questionable Legal Basis, US Court Expands Range Of Patentable Inventions 21/06/2018 by Steven Seidenberg for Intellectual Property Watch Leave a Comment For more than a decade, the United States has been making it harder to obtain patents. A series of court rulings have steadily restricted the types of inventions that are patent-eligible. The tide, however, may be now turning. The Federal Circuit’s recent decision in Vanda Pharmaceuticals v. West-Ward Pharmaceuticals has opened the way to many future patents on biotech and personalized medicine. The ruling is a big step forward for the biotech and medical industries, and perhaps for patients seeking better medical care. But there’s a catch. Vanda could be overturned because it conflicts with the US Supreme Court’s 2012 decision in Mayo Collaborative Services v. Prometheus Laboratories.
MSF Challenges Gilead Hepatitis C Patent In China 19/06/2018 by Intellectual Property Watch Leave a Comment Médecins Sans Frontières (MSF, Doctors Without Borders) filed a patent challenge at the China State Intellectual Property Office today, asking for the invalidation of a Gilead patent on a hepatitis C medicine.