US High Court To Confront Unique Copyright Issue 05/10/2018 by Steven Seidenberg for Intellectual Property Watch 1 Comment The US Supreme Court often decides momentous cases. And then there’s Fourth Estate Pub. Benefit Corp. v. Wall-Street.com. Many experts view this case as little more than a tempest in a teapot. However, the suit will resolve a legal dispute that has simmered for over 30 years, and it highlights some important copyright issues that are unique to the US.
5th Global Congress On IP And The Public Interest: Successes, Strategies Highlighted 03/10/2018 by David Branigan, Intellectual Property Watch Leave a Comment WASHINGTON, DC — More than 400 activists, academics and practitioners from over 50 countries gathered at this year’s Global Congress on Intellectual Property and the Public Interest, according to organisers. At the Congress, participants shared success stories, developed strategies, and engaged in critical dialogue to re-think and re-invent intellectual property systems that serve the public interest.
Why Follow-On Pharmaceutical Innovations Should Be Eligible For Patent Protection 21/09/2018 by Intellectual Property Watch 1 Comment Christopher M. Holman writes: Despite the important role of intellectual property rights in incentivizing innovation, the patenting of pharmaceutical innovation is frequently accused of impeding access to medicine. Criticism of the prevailing patent regime has focused in particular on patents directed towards follow-on pharmaceutical innovation, i.e., innovation that seeks to improve upon existing pharmaceuticals and their use in treating patients. Patents on follow-on innovation are often derided as “secondary” patents, with the implication that the underlying inventions are somehow lesser in nature than the subject matter claimed in “primary” patents, i.e., the drug active ingredient per se. While implicitly acknowledging the legitimacy of primary patents, critics of so-called secondary patents contend that patents on follow-on innovation allow drug innovators to “evergreen” their products, i.e., to extend the period of patent exclusivity beyond the expiration of any original patent on the drug active ingredient, and in doing so contribute to the high cost of drugs, thereby limiting the ability of patients to access the drugs upon which they have come to rely.
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.
Analysis: Move To Contain Global Challenge By Ascending China At Play In Escalating Trade War Between Washington And Beijing 19/09/2018 by John Zarocostas for Intellectual Property Watch Leave a Comment The latest escalation in US-Sino trade tensions following the announcement by President Donald Trump on 17 September that the US will slap 10 percent punitive tariffs on $200 billion worth of Chinese goods imports effective on 24 September and increase them to 25 percent on 1 January 2019, and China’s counter-salvo announced on 18 September to impose tariffs of between 5 and 10 percent on $60 billion worth of US goods imports to kick in on 24 September may prove difficult to ease back from the brink.
Extended Monopolies On Biologic Drugs – A Warning To Developing Countries 10/09/2018 by Intellectual Property Watch Leave a Comment Historically, the US has been the primary demandeur of maximalist IP norms in FTAs. Pharmaceutical IP is market-driven, and this is no different for biologic drugs, which dominate the list of bestselling drugs worldwide, making them important economic commodities. Developing country governments must take note of the US pushing for biologics exclusivity through NAFTA as this signifies an effort to change norms worldwide.
Study: Generic Drug Industry Embraces Faster, Cheaper Pathway For Challenging Patents 06/09/2018 by William New, Intellectual Property Watch 1 Comment A new study by researchers at the Program On Regulation, Therapeutics, And Law (PORTAL) at Harvard Medical School and Brigham & Women’s Hospital reveals that generic drug companies have been successful about 50% of the time when challenging patents covering FDA-approved pharmaceutical products via a new, administrative review procedure of patent validity created by Congress called “inter partes review.”
Students, Activists, Swarm To Demand UCLA Drop Indian High Court Patent Claim 06/09/2018 by David Branigan, Intellectual Property Watch 2 Comments Thousands of students have urged a major research university in the United States to drop a patent claim in India related to an important cancer medicine, with the aim of making affordable versions available.
USTR: Mexico Agrees To Raise IP Enforcement Standards With The US 27/08/2018 by William New, Intellectual Property Watch Leave a Comment Mexico and the United States have reached a preliminary agreement to raise standards of enforcement of intellectual property rights, according to the Office of the US Trade Representative (USTR). Among the terms, the agreement appears to toughen requirements for internet service providers in protecting against copyright theft and extend copyright terms, and might make it harder for Mexico to agree elsewhere to strengthen its protection of geographical indications.
USPTO Seeks Comments On Draft Strategic Plan 2018-2022 23/08/2018 by William New, Intellectual Property Watch Leave a Comment The United States Patent and Trademark Office (USPTO) is seeking comments on its draft strategic plan for the years 2018-2022. The draft plan covers a range of goals, including optimizing patent and trademark quality and timeliness, and providing “domestic and global leadership to improve intellectual property policy, enforcement, and protection worldwide.”