Global Innovation Divide: Can Investment In Innovation Bridge The Gap? 17/07/2018 by David Branigan and William New, Intellectual Property Watch 1 Comment The Global Innovation Index 2018, launched on 10 July in New York, has lauded the rise of China as a model for how other low and middle-income economies can advance on innovation. Amid this optimism, however, the global innovation divide remains in step with the global income divide, raising questions for how to bridge this gap. The new index shows signs of progress.
UN Launches High-Level Panel On Digital Cooperation, Led By Melinda Gates And Jack Ma 12/07/2018 by Intellectual Property Watch Leave a Comment The United Nations today announced it has launched a high-level panel on digital cooperation, co-chaired by Melinda Gates (wife of Bill Gates of software titan Microsoft), and Jack Ma, head of China’s e-commerce titan Alibaba Group. The 20-member panel will “identify policy, research and information gaps, and make proposals to strengthen international cooperation in the digital space,” according to a release.
Monopolies: State And Corporate Interests Surrounding Access To Medicines 10/07/2018 by Adithi Koushik for Intellectual Property Watch Leave a Comment Amongst the many issues faced by developing countries to ensure access to medicines, cost is a primary one. Proposals to tackle it include limiting the price and regulating competitive conditions. Monopolies created by patents are seen by many as an impediment to accessing basic healthcare. Meanwhile, countries have realised that imposing stringent criteria for granting patents and taking a long duration to process them could be detrimental to them as much as resisting the regime.
UN Urged To Emphasize Health Over Profit At Upcoming UN High-Level Meeting On NCDs 06/07/2018 by David Branigan, Intellectual Property Watch 2 Comments An open letter sent by 242 organisations and individuals to key United Nations and World Health Organization representatives on 4 July demanded that high prices limiting access to medicines and effective treatment be addressed at the upcoming UN High-Level Meeting on Non-Communicable Diseases.
European Parliament Rejects Starting Negotiations On Copyright Reform Proposal 05/07/2018 by Dugie Standeford for Intellectual Property Watch 2 Comments The European Parliament today opposed plans to launch immediate “trilogue” negotiations with the Council and European Commission on copyright reform legislation, instead sending the controversial measure to full debate at the next plenary session of Parliament.
Excessive Pricing And Sham Patent Litigation: The Pfizer And AbbVie Decisions 03/07/2018 by Intellectual Property Watch 2 Comments Frederick Abbott writes: Competition law is a critical tool in seeking to maintain some semblance of reasonable pricing in the pharmaceutical market. It is particularly important as legislators around the world appear extremely hesitant to address pharmaceutical pricing in meaningful ways, regrettably influenced by well-funded lobbying. Two recent competition law decisions discussed below illustrate the importance of and challenges to regulating the pharmaceutical sector. In the first, the UK Competition Appeal Tribunal (CAT) partially upheld and partially reversed and remanded (pending briefing) a decision by the Competition and Markets Authority (CMA) fining Pfizer and Flynn close to £90 million for abuse of dominant position in the excessive pricing of an anti-epilepsy drug. The CAT decision is problematic because it creates unnecessary and unwarranted hurdles to findings of excessive pricing in the UK. In the second decision, the US Federal Trade Commission succeeds in proving that AbbVie engaged in abuse of monopoly power by engaging in sham patent litigation against two generic producers in order to delay market entry of competitive products. The Federal District Court found that AbbVie’s patent lawyers by “clear and convincing” evidence had knowingly pursued patent infringement claims without chance of success for no other purpose than to delay market entry.
WTO Panel On Australia’s Tobacco Plain Packaging: A Fact Dependent Analysis Of TRIPS Art 20 03/07/2018 by Intellectual Property Watch 4 Comments The WTO Panel’s long-awaited Reports in the four complaints against Australia’s tobacco plain packaging measures were circulated on 28 June 2018, more than 4 years since Panel establishment. Australia’s victory was absolute. It successfully defended its measures against every claim. Yet closer analysis of the Panel’s reasoning regarding specific provisions such as Article 20 of the TRIPS Agreement may cause some concern for policy-makers given how much the Panel’s conclusions relied on its assessment of the facts and evidence before it.
Leaders On Global Trade Discuss Leadership And Current Trade Challenges 03/07/2018 by Damilola Adepeju for Intellectual Property Watch Leave a Comment A recent event jointly organised by the Graduate Institute Centre for Trade and Economic Integration and the United Kingdom Department for International Trade and its Mission to the WTO brought together several leaders on global trade to discuss the current challenges in trade and how best to address them.
WIPO IP And Genetic Resources Committee Makes Progress Despite Block At End 02/07/2018 by Catherine Saez, Intellectual Property Watch 2 Comments It seemed last week that after years of mainly fruitless discussions at the World Intellectual Property Organization committee seeking ways to protect genetic resources, progress was achieved and some agreement was within reach. However, on the last day, the United States, supported by Japan, rose against the consensus on a draft text, provoking the ire of developing countries, and general disappointment.
Disclosure, Sanctions – Still To Be Overcome In WIPO Genetic Resources Negotiations 28/06/2018 by Catherine Saez, Intellectual Property Watch 1 Comment Efforts to draft new language to bridge gaps in this week’s negotiations on a potential treaty protecting genetic resources at the World Intellectual Property Organization were praised by a number of participants. However, what is now presented as a “package” proposition, focusing the instrument on patents, left some developing countries with the feeling that the concessions they made on the patent-only focus are not being met with a similar efforts by others, in particular on a proposed disclosure requirement for patent applicants.