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.
South Africa: Copyright Amendment Bill Could Be Finished Next Month 17/09/2018 by Linda Daniels for Intellectual Property Watch Leave a Comment CAPE TOWN – The South Africa Parliament’s Portfolio Committee of Trade and Industry is expected to finalise the long-awaited Copyright Amendment Bill next month. But one more round of public comments is being sought in the meantime, with a deadline of this week.
EPO Upholds Gilead Patent On Hep C Medicines, But In Amended Form 13/09/2018 by Catherine Saez, Intellectual Property Watch 1 Comment [Updated] The European Patent Office (EPO) on 13 September ruled in favour of pharmaceutical company Gilead and maintained the company’s patent on hepatitis C drug sofosbuvir. The patent, however, is maintained in an amended form. Civil society involved in the case expressed dismay over the outcome and its potential effect on European drug prices.
Brazilian Supreme Court Refuses To Judge Its Biggest Case On IP And Access To Medicines, And Benefits Big Pharma With Undue Monopolies 13/09/2018 by Intellectual Property Watch 6 Comments Marcela Fogaça Vieira and Pedro Villardi write: The Brazilian Supreme Court (STF) has mysteriously cancelled the judgment of the most important case regarding intellectual property and health ever to be decided by the court. On 28 June, the date of the judgment was set for 6 September. The cancellation occurred on the eve of the judgment, something very rare in the practice of the Court. The lack of decision on the case only benefits the transnational companies awarded with hundreds of undue monopolies. Just a few days before, the President of the STF – Judge Carmem Lucia – had a meeting with Interfarma, the association of multinational pharmaceutical companies in Brazil.
European Parliament Approves Negotiating Stance On Copyright Reform 12/09/2018 by Dugie Standeford for Intellectual Property Watch 1 Comment European Union lawmakers today approved by a 438-226 margin a measure updating EU copyright law and voted to begin negotiations with the European Commission (EC) and Council. The vote followed parliamentary rejection in June of plans to launch an immediate “trilogue” with the EC and Council based on text as approved by the lead Legal Affairs Committee (JURI), instead sending the measure for full debate at the September plenary held today.
Civil Society Pushes EPO To Invalidate Hepatitis C Patent 12/09/2018 by Catherine Saez, Intellectual Property Watch 1 Comment The European Patent Office is expected to hold oral proceedings later this week on a challenge filed against a Gilead patent on hepatitis C treatment. Invalidation of the patent would open the way to competition and lower prices, according to civil society groups which initiated the challenge. But according to an EPO source, the company is seeking at most an amendment to the patent.
European Commission Moves On Adoption Of WIPO GI Treaty; Timeframe Uncertain 12/09/2018 by Catherine Saez, Intellectual Property Watch Leave a Comment Over two years after a group of World Intellectual Property Organization members adopted a treaty on the protection of geographical indications, the European Commission has recommended that the European Union join the treaty. The EU was one of the major proponents of the treaty. Separately, a geographical indications industry group is urging EU attention to be placed on the need for legal certainty after the exit of the United Kingdom from the EU.
Welcoming People In Fresh Roles In The IP Community 11/09/2018 by Adithi Koushik for Intellectual Property Watch Leave a Comment Looking at movements in the global IP community over the summer and heading into fall, many old faces among the government delegations in Geneva left for new posts, while a new set of faces is taking up residence. Meanwhile, people are on the move at international organisations and NGOs, and law firms continued to see high turnover.
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.”