Finding The Right Balance Between IP And Access To Science 03/08/2015 by Jos̩phine De Ruyck for Intellectual Property Watch 1 Comment STRASBOURG РAs UN Special Rapporteur Farida Shaheed prepares to finalise a second consecutive report on the connection between the right to science and culture and patent policy, two well-known academics took the floor at the University of Strasbourg Centre for International Intellectual Property Studies (CEIPI) recently to share their views and hopes for this long-awaited paper.
No Deal Overall, But TPP Ministers Agreed Some IPR Issues In Hawaii, US Says 01/08/2015 by William New, Intellectual Property Watch 4 Comments While the ministers of the 12 countries negotiating the Trans-Pacific Partnership (TPP) acknowledged they are still far apart on certain issues such as dairy, there were some areas of agreement in this week’s negotiation in Hawaii, they said. Some of them appear to have been related to intellectual property rights, with particular mention of geographical indications (GIs).
Special Feature: Differences Over GIs Threaten 2016/2017 WIPO Budget Approval 30/07/2015 by William New, Intellectual Property Watch 2 Comments The UN World Intellectual Property Organization is a member-driven agency set up to protect IP rights worldwide. In recent years, an area of dissension and debate has been how to make the organisation – and IPRs – friendlier to developing countries. This year, however, it has become a hotspot for the global debate between developed countries over protection of geographical indications, products of distinctive character deriving from specific locations.
WIPO Model Law Needs Revision, Developing Countries Say; Developed Countries Reluctant 30/07/2015 by Catherine Saez, Intellectual Property Watch 2 Comments The World Intellectual Property Organization provides legislative assistance to developing countries and least-developed countries upon request by individual member states. This week at the WIPO patent law committee, the Latin American and Caribbean Group tabled a proposal to revise the 1979 WIPO model law for developing countries on inventions, arguing it is obsolete.
Panel: Biotech Industry Executives Shine Light On Their IP Management Strategies 29/07/2015 by Rishi Dhir for Intellectual Property Watch Leave a Comment “IP is a very crucial part of our business and I can’t imagine being in biotech without a very strong emphasis on intellectual property,” a biotech industry executive said during a panel organised at the World Intellectual Property Organization yesterday.
The TPP’s Reckless Proposals For Damages Will Have Negative Impact On Future Reform Of IPR Regimes 28/07/2015 by Intellectual Property Watch 13 Comments James Love writes: This week negotiators from a dozen countries are meeting to finalize the rules for the Trans Pacific Partnership (TPP) trade agreement. When or if concluded, this massive regional trade agreement will set new standards for the grant of property rights in knowledge, and the enforcement of those rights. The TPP chapter on intellectual property covers all intellectual property types included in Part II of the WTO’s TRIPS agreement, plus some others, including not only patents, copyrights and trademarks, but also “undisclosed information”, test data for the registration of drugs, industrial designs, layout-designs of integrated circuits. The rules in the TPP are intended by the United States to become global norms, effectively replacing TRIPS. While there are plenty of issues in the TPP IP Chapter, this note only addresses one set of issues — those relating to the remedies for the infringement of intellectual property rights. The remedies include such topics as injunctions, damages, and the seizure or destruction of infringing goods.
As TPP Ministers Meet, NGOs Make Urgent Push For Public Interest 27/07/2015 by William New, Intellectual Property Watch Leave a Comment Trade ministers negotiating the Trans-Pacific Partnership (TPP) agreement meet this week in Maui, Hawaii to try to finish the deal. Along with them are numerous public interest groups strenuously lobbying to steer the deal away from single-minded corporate interest.
Decision Time On Biologics Exclusivity: Eight Years Is No Compromise 27/07/2015 by Intellectual Property Watch 14 Comments Burcu Kilic and Courtney Pine write: As the Trans-Pacific Partnership (TPP) negotiations approach their endgame, biologics exclusivity is still considered “one of the most difficult outstanding issues in the negotiation.”[2] Pharmaceutical companies seek longer data and marketing exclusivities to further delay market entry of cost-saving biosimilar drugs. Data exclusivity prevents follow-on pharmaceutical developers from relying on originators’ test data submitted for marketing approval while seeking such approval for its own product. The World Trade Organization’s (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) requires some protection against unfair competition for this sort of data, but it does not require countries to adopt rules conveying exclusive rights over it in the same way as it does regarding patents.[3] Currently, the US provides 12 years of exclusivity for new biological products under the Biologics Price Competition and Innovation Act (BPCIA).[4] The provision providing 12 years exclusivity was buried inside the 20,000-page healthcare law, The Patient Protection and Affordable Care Act. A robust debate over what would be an appropriate exclusivity period, if any, was overshadowed by other controversial aspects of the bill commonly referred to as Obamacare.
India IPR Policy Update: Final Draft Circulated 23/07/2015 by William New, Intellectual Property Watch 3 Comments The final draft of India’s national intellectual property policy has been circulated for inter-ministerial consultation and will be sent to the Cabinet for approval after receiving comments, the Ministry of Commerce and Industry said this week. Meanwhile, today public health groups in India announced that revocation of a Roche pharmaceutical patent has been upheld under Indian law.
WIPO Program And Budget Committee Works Through Issues 22/07/2015 by Catherine Saez and William New, Intellectual Property Watch 2 Comments The World Intellectual Property Organization Program and Budget Committee (PBC) last week took note of WIPO’s mostly positive 2014 progress report, walked through its proposed program and budget for 2016-2017, and addressed issues of investment, governance, new external offices, and development. Many issues will be carried forward to the next PBC meeting in mid-September, just prior to the annual WIPO General Assembly.