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Intellectual Property Watch
Original news and analysis on international IP policy
Updated: 19 min 2 sec ago
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).
The World Intellectual Property Organization patent law committee today agreed on work programme going forward that includes a balance of North-South issues such as patent quality, patents and health, client-attorney privilege, technology transfer, and exceptions to patents. Agreement on the work program was difficult despite a comparatively fast-moving week of progress on these same areas of work.
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The World Health Organization announced today that a vaccine preventing Ebola has proved efficacious in Ebola-stricken Guinea, hailing it as a "turning point in the history of health R&D."
The Medicines Patent Pool in Geneva is celebrating five years of existence this month. MPP Executive Director Greg Perry sat down with Intellectual Property Watch Catherine Saez to describe progress made since its inception, the success of its licensing agreement model, and plans for the future, including a possible extension to other diseases such as tuberculosis and hepatitis C.
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.
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Caribbean Group tabled a proposal to revise the 1979 WIPO model law for developing countries on inventions, arguing it is obsolete.
After a slow start this week due to late approval of the agenda, the World Intellectual Property Organization patent law committee is now sailing through the proposed schedule. However, previous positions remain unchanged and the core issue of the session is to find common ground on the future work of the committee.
“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 publication for public comment of the much-anticipated South African draft Copyright Amendment Bill has cautiously been welcomed by some stakeholders, who believe that parts of the draft are unworkable.
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.
It may be an open access initiative, but Ukrainian writers and authors are on the verge of massive protests, due to a recent initiative of the Ukrainian Parliament (Verkhovna Rada) to conduct digitalisation and online publishing of all of the books and documents stored in the national archives and libraries.
“Membership is comfortable with the level of preparedness and what we have done as a country” to host the December trade ministerial, the Kenyan trade minister told press at the World Trade Organization today.
The World Intellectual Property Organization committee on the law of patents got a slow start this morning as delegates did not agree on the draft agenda submitted by the secretariat for this session. After informal consultations during the morning, WIPO members accepted a draft revised agenda proposed by the committee chair.
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.
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.” 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. Currently, the US provides 12 years of exclusivity for new biological products under the Biologics Price Competition and Innovation Act (BPCIA). 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.
The World Intellectual Property Organization patent law committee meets this week with a work programme reflecting strong interests that are not equally shared by member states. Developed countries in the past have focused on ways to share work between patent offices, while developing countries would favour more time being spent on limitations and exceptions to patent rights, in particular in the area of health.
STRASBOURG, FRANCE – Although the right to science and culture has been enshrined in several international treaties, their exact implications in the intellectual property field have remained vague.
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.
The country that made smoking cool is now taking steps to make it uncool. France this week organised what it defined as "the first international ministerial meeting" on plain packaging for tobacco products, gathering countries that support the public health measure aimed at discouraging tobacco use.