Will US Drug Pricing Politics Change Intimidation Practices Globally? 05/03/2019 by Intellectual Property Watch 2 Comments Fifa Rahman writes: The global health world, particularly as concerns skyrocketing drug prices and patent abuse, is in a unique space in time. Recently, the Office of the United States Trade Representative (USTR) has been carrying on as per usual. It has threatened the Malaysian and Colombian governments at numerous junctures to prevent them from issuing compulsory licences – a completely legal mechanism which the US uses regularly – to access generic hepatitis C drugs. The Trump Administration has sent delegations to global health agencies in Geneva to intimidate them into reducing, or hiding, work on TRIPS flexibilities and fairer drug pricing.
Asian NGOs Raise Concern Over IP And Seeds In RCEP Trade Deal 26/02/2019 by William New, Intellectual Property Watch 1 Comment The Regional Comprehensive Economic Partnership (RCEP) trade agreement under negotiation among Asia and Pacific nations must not include measures that would undercut countries’ ability to protect diverse local farming systems and sustainable plant genetic resources for food and agriculture, a range of Asian nongovernmental organisations argue. Groups in India, Malaysia and the Philippines this week specifically called for the RCEP not to include the high-level protections under the International Union for the Protection of New Varieties of Plants (UPOV).
US Complaints About Technology Transfer In China: Negotiating The Endgame 24/01/2019 by Intellectual Property Watch 2 Comments Dean Pinkert writes: The United States Trade Representative (USTR) has been open about its view of the difficulties faced by US companies who claim – generally anonymously – that they have been forced to transfer technology to Chinese entities: “The fact that China systematically implements its technology transfer regime in informal and indirect ways makes it ‘just as effective [as written requirements], but almost impossible to prosecute.’” As I explain in this article, I believe such informality is not merely a barrier to prosecutions; it also presents conceptual challenges for US trade negotiators as they attempt to craft effective means to address the concerns of US companies doing business in China.
US IP Attachés: China’s IP Policy ‘Hijacked’ By Local Interests In 2018; Bad Faith Filings A ‘Cancer’ 21/12/2018 by William New, Intellectual Property Watch Leave a Comment WASHINGTON, DC – Two out of three United States intellectual property attachés based in China last week had tough words for China’s manipulation of IP policy and law over the past year, suggesting they at times “hijack” the legal process in favour of local interests, and are in a mad rush to become the world’s top patent and trademark filers regardless of quality to the point that it has become a “cancer” on the IP registration system. A third US IP attaché, however, took a friendlier and more patient view of China’s actions, downplaying concerns and urging US companies to allow it to continue.
US Section 301 Update On China: Systematic Espionage, Plundering Of IP In US, EU, Australia, Japan 20/11/2018 by William New, Intellectual Property Watch 4 Comments The Office of the United States Trade Representative’s (USTR) latest update of its “Section 301” investigation of China’s alleged theft and manipulation of US intellectual property rights, technology transfer, and trade secrets released today contains a litany of cases of China’s nefarious behaviour in the US as well as Europe, Japan, Australia and elsewhere.
China’s Xi Jinping Signals Higher Focus On IP, Market Opening To Ease US-Sino Tensions, But Global Leadership Friction In Innovation To Persist 15/11/2018 by John Zarocostas for Intellectual Property Watch Leave a Comment SHANGHAI, China — The President of China, Xi Jinping, in a keynote address on 5 November to political and business leaders attending the opening of the first China International Import Expo (CIIE) in Shanghai sent a strong diplomatic signal that Beijing will push ahead with further opening up of the economy to more international competition. In a move to try and ease US-Sino tensions Xi also indicated China will take proactive steps to boost protection of intellectual property rights (IPRs), including harsher penalties against violators – a major grievance for the United States and the pivotal issue in the escalating trade war between the world’s two largest economies.
Lurking In USMCA – IP Provisions With An International Agenda 30/10/2018 by Steven Seidenberg for Intellectual Property Watch Leave a Comment Donald Trump is no fan of international norms or rules. He’s made this clear on numerous occasions, including during his two speeches at the United Nations. It is surprising, therefore, that one of the few international deals he has made as president – the recently announced treaty replacing NAFTA – contains IP provisions whose main purposes seem to be extending US rules overseas and establishing IP norms for future international agreements.
New Report: Mitigating Patent Linkage To Promote Medicines Access In LMICs 26/10/2018 by David Branigan, Intellectual Property Watch 1 Comment A new report reviews how patent linkage mechanisms have been implemented in South Korea, Australia, Canada, and the United States, and identifies precedents for how low and middle-income countries (LMICs) can retain and exploit “constructive ambiguities” in trade treaty text to mitigate the impacts of patent linkage mechanisms and promote the timely availability of generic medicines.
Trade In 2030: WTO Public Forum Opens With Visions For The Future 02/10/2018 by Catherine Saez, Intellectual Property Watch Leave a Comment What will trade look like in 2030? This is the topic of the 2018 World Trade Organization Public Forum opening today. During the discussion opening the forum, WTO Director General Roberto Azevêdo said technological evolution cannot be stopped and should be shaped so it can yield the best results. Alibaba founder Jack Ma invited governments to build infrastructure to help ecommerce and stop trying to regulate it.
US, EU Consumer Group Releases Resolution Calling To Delink R&D From Monopoly Incentives 20/09/2018 by David Branigan, Intellectual Property Watch 1 Comment The Trans Atlantic Consumer Dialogue (TACD), a forum of United States and European Union consumer organisations, yesterday released a resolution calling on policymakers “to break out of the current dysfunctional and harmful trade-off between innovation and access,” and to delink research and development (R&D) from monopoly pricing.