Year 2016

WHO Director Advocates Strong Health Systems, Warns Against Profit-Oriented Mechanisms

The World Health Assembly opened today with World Health Organization Director General Margaret Chan repeating that this year has a record number of agenda items and over 3,000 participants. She slapped at profit-seeking mechanisms leading to "slow-motion disasters," which put economic interests above concerns about well-being. In particular, she underlined the lack of research and development for antimicrobial treatments and the rise of chronic non-communicable diseases.

Ways To Follow The #WHA69 Opening Today

The 69th World Health Assembly (WHA) opens today in Geneva, with well over 3,000 participants and a record number of agenda items. For the 12th consecutive year, Intellectual Property Watch has a dedicated team on the ground, bringing you informed, timely reports on the action, on the floor and behind the scenes. Below are some other ways to follow the action as well, including a handy list of Twitter hashtags for the week.

Guilty As Charged? Pakistan And The Special 301 Reports

Owais Hassan Shaikh writes: According to the section of US law on Special 301 reports, a country may be considered a priority foreign country even when it is fully compliant with the WTO Agreement on the Trade-Related Aspects of Intellectual Property Rights (TRIPS), the main multilateral agreement on IP rights today. Hence, this legislation and the determinations made in the Special 301 reports prioritize protection of commercial interests of the US nationals.

ICTSD: Specialised Intellectual Property Courts – Issues And Challenges

The establishment of the WTO Agreement on TRIPS (Trade Related Aspects of Intellectual Property Rights) and the proliferation of plurilateral, bilateral and regional agreements have significantly contributed to the increasing complexities of the intellectual property system. The emergence of new actors, reflecting conflicting expectations and the adoption of new trade agreements that often exceed the standards set by the TRIPS agreement, have resulted in a new density of rules that have further fragmented the international system. These developments have unavoidably called for further analysis by academics and stakeholders.

Can Patents Ever Be “Ever-Greened”? The Answer…They Are “Never-Greened”

“Ever-Greening of Patents” has been an expression that has been extensively used in debates related to the global pharmaceutical industry at least since the last two decades. Interestingly, this term has never been statutorily defined and hence has been applied most freely by professionals, policy makers and politicians alike. It would be appropriate to objectively examine whether patents in any jurisdiction can ever be “ever-greened”. A fitting initiation to this debate is the very concept of what a patent is from the very first principles, writes Prabuddha Ganguli.

News Reports And Fair Dealing: Moneyweb v Media24

The recent decision involving Moneyweb and Media24 (Moneyweb (Pty) Limited v Media 24 Limited & Another [2016] ZAGPJHC 81) is an important one for copyright lawyers in South Africa because it is the first time that two provisions relating to news reporting of the Copyright Act 1978 (the Act) have been judicially considered, namely, sections 12(1)(c)(i) and 12(8)(a). In fact, it is the first time that the application of the fair-dealing provision, section 12(1), has received any judicial consideration, whether in the context of news reporting or otherwise.

Amid Global Push For Tobacco Plain Packaging, IP And Health Rights Bog Down Africa

CAPE TOWN, South Africa — Plain packaging is considered unattractive among marketers, loss-making for industries, and a healthy life promoter for governments and the public. The potent mix to balance profits, safeguard jobs and cut illnesses has made it a controversial solution to curb smoking. As it grows in popularity around the world, how is plain packaging faring in Africa?

Innovation And Access: Fission Or Fusion? Interview with David Taylor, Professor of Pharmaceutical and Public Health Policy, University College London, UK

In the light of the UN High-Level Panel on Access to Medicines, this series of sponsored articles challenges experts to give their views on the policies that best support the development of solutions to societies’ greatest challenges and how enabling policy environments, including IP systems, influence the development and flow of new technologies and services in different sectors, fields of technology, and jurisdictions. The views expressed in the articles are those of the authors. Below is an interview with David Taylor, Professor of Pharmaceutical and Public Health Policy, University College London, UK.