Brazilian Superior Court Of Justice Stops Patent Term Extension Attempts 11/05/2018 by Intellectual Property Watch 4 Comments Pedro Marcos Nunes Barbosa writes: In April 2018, the Brazilian Superior Court of Justice (STJ) ruled on a controversial patent term extension scheme, for the third time since Brazil adopted TRIPS compliant legislation in 1996. The first ruling on this topic, upheld by the STJ, was decided, unanimously, in the year 2009 (docket REsp 960.728, Justice Andrighi). In that case, a famous agrochemical multinational company sought an exotic interpretation of the impacts brought by the minimum deadline granted to a patent, since the WTO’s annex treaty imposed the uniform extension of 20 years. In other words, although the agrochemical company had obtained its exclusivity right in a pre-TRIPS context (where Brazilian Law guaranteed a 15 years property right), but unsatisfied, after the Agreement was implemented, the plaintiff requested a judicial pass for a five year extra period of competition absence.
Study Finds Rise In Use Of India’s Section 3(d) Against Pharma Primary Patents 11/05/2018 by Adithi Koushik for Intellectual Property Watch 2 Comments Access to affordable medicines is one of the most pressing policy issues globally. India has played a prominent role as “pharmacy of the developing world” with its generic medicine industry; however, the interpretation and implementation of a particular section of the law can significantly affect this role, according to a recent study.
Collective Efforts By Civil Society Groups Bar The Way To Hepatitis C Patents 10/05/2018 by Catherine Saez, Intellectual Property Watch 14 Comments Many hold the view that Gilead’s revolutionary treatment against hepatitis C (sofosbuvir) marked the beginning of a shift in position toward the high prices of medicines, as high-income countries were also faced with an untenable burden to their health systems. In a number of lower and middle-income countries, civil society organised itself to increase access to sofosbuvir for millions in need.
US To Weaken Post-Grant Patent Reviews 09/05/2018 by Steven Seidenberg for Intellectual Property Watch 1 Comment Government agencies do not ordinarily relinquish power easily, or without a struggle. But these are not ordinary times in the USA. Trump appointees have pushed a variety of federal agencies – including Interior, EPA, and HUD – to surrender much of their powers. Yesterday, the USPTO joined that list, when it announced proposed new regulations that would weaken the agency’s review of existing patents.
Evergreened Patents Cause Unwarranted High Drug Prices, Hinder Growth Of Local Producers – NGOs, Thai Producers Claim 07/05/2018 by Sinfah Tunsarawuth for Intellectual Property Watch 17 Comments BANGKOK – Transnational drug manufacturers’ tactics of obtaining unmerited patent applications have unnecessarily raised healthcare costs and impeded the growth of domestic generic drug industry, costing the Thai government hundreds of millions of dollars, drug access campaigners and local producers have said.
Brazil’s Federal Court Reviews Medicines Mailbox Patents 04/05/2018 by Intellectual Property Watch 1 Comment This week the media reported that the Brazilian federal court removed the patent protection for eculizumab, sold under the brand name Soliris by Alexion Pharmaceuticals Inc. Eculizumab is used in the treatment of paroxysmal nocturnal hemoglobinuria (PNH), a rare and life-threatening blood disease. The product was approved by the US FDA for this indication in 2016. Brazil’s health care system spent $184.2 million to treat 442 patients with Soliris, an average of over $416,000 per patient. The patent office expects that more revocations may follow. This blog explains why this is.
Ukraine Eyes Patent Law Reform After Civil Society Push On Medicines Access 30/04/2018 by Dugie Standeford for Intellectual Property Watch 14 Comments Ukrainian lawmakers are poised to approve sweeping patent reform legislation, driven in large part by a push by patients’ groups for better access to affordable medicines and healthcare.
Patentes Sem A Realização De Análise Técnica: Uma Péssima Solução Para O Século 21 30/04/2018 by Intellectual Property Watch 2 Comments Historicamente, o Brasil se encontra na vanguarda dos países em desenvolvimento, pressionando por um regime de propriedade intelectual (PI) mais equilibrado.
Patents Without Examination: A Bad Solution For The 21st Century 30/04/2018 by Intellectual Property Watch 7 Comments The Brazilian government’s plan to deal with its patent backlog by making approvals without review is a recipe for disaster. It will move the backlog to the courts, with endless suits over duplicative and frivolous patents, write Arjun Jayadev and Dean Baker.
How To Discover Valuable Patents 27/04/2018 by Intellectual Property Watch Leave a Comment Bastian July writes: In May 1968, the submarine USS Scorpion disappeared after a tour of duty in the North Atlantic. The initial search area was a circle twenty miles wide and thousands of feet deep. Instead of asking one or two experts for input, Navy officer John Craven assembled a large group of independent experts with a wide range of knowledge. The group included mathematicians, submarine specialists, salvage men and many others. Combining their knowledge, Craven was able to estimate the submarine’s likely location. It was found 200 yards from the group’s collective estimate. But can you also turn to the Wisdom of the Crowd when it comes to discovering the fortunes lying hidden in patents?