Original news and analysis on international IP policy
On Monday, 27 November, the WHO published the recommendations of the overall programme review of the global strategy and plan of action on public, health innovation and intellectual property (EB142/14). The expert panel provided 33 recommendations which included 17 forward looking”high-priority actions” including on transparency and delinkage, writes Thiru Balasubramaniam.
Geneva, 21 Nov (TWN) - A discussion document prepared by the Secretariat of the World Health Organization (WHO) proposes criteria to justify interventions with respect to medicines in transit. This document is prepared for the 6th meeting of the Member State Mechanism (MSM) to be held from 28 November to 1 December at the WHO headquarters in Geneva, writes Third World Network.
The new Minister of Health of the Netherlands, Bruno Bruins, came in guns blazing when he put the pharmaceutical industry on notice and announced on 22 November to “change the rules of the game” to tackle, what he called “absurd” medicines pricing, writes Ellen 't Hoen.
The practice of building custom software is alive and well despite the emergence of tons of ready to use offline and online business apps. Businesses build custom software for various reasons. Some are unsatisfied by solutions available on the market, others need very specific features or overall functionality, security and privacy concerns are another major driver of tailored software development. The process of building custom software involves five basic stages, if you stick to traditional software development workflow, or an indefinite number of iterations under agile development method. Both approaches, however, include various scenarios in which intellectual property rights are involved, writes Jorge Sagastume.
PIJIP’s Copyright User Rights Database tracks changes to copyright user rights (aka limitations and exceptions) over time in a sample of 21 countries of different development levels. The data assesses the degree to which other countries have adopted exceptions that are as open as the US fair use right – i.e. open to a use of any kind of work, by any kind of user and for any purpose. The instrument and results are available at infojustice.org/survey.
Suzanne Kavanagh writes: Over the course of the year, three issues repeatedly reared their heads as barriers to the successful implementation of Open Access: the burden of expected author OA expertise; the underutilization of metadata in the publication lifecycle, and the challenges posed to authors and institutions by one-off solutions. As the tenth Open Access Week draws to a close, with its focus on the concrete benefits of making scholarly research openly available, where have we gotten to in solving these problems and realizing the potential of OA?
Your brand is everything in the global marketplace. It is no exaggeration to say that a business now lives and dies by both its offline, online and social reputation. Because of this, searching a trademark is more vital than ever before. It is important for trademark professionals to work faster and more effectively in searching, clearing and registering strong marks to ensure clients have a competitive advantage. To do so requires the merging of the old and new: the specific knowledge that only highly experienced trademark experts can provide, with the advantages of the latest wave of artificial intelligence (AI) technology, writes Ronda Majure.
Extended monopoly protection by the Regulation EC 469/2009 concerning the supplementary protection certificate (SPC) mechanism for medicinal products has led to spiralling prices in Europe for lifesaving medicines, while exhausting the national budgets and depriving patients of fair access to treatments. The EU Commission should repeal the SPCs and put in practice the recommendations signed on 8 September 2017 by thirty-three civil society organisations, in alignment with the final report of the UN High Level Panel on Access to Medicines, writes Daniele Dionisio.
On 26 September, the Japan Patent Office (JPO) announced, for the first time ever, the grant of protection to three sound trademarks consisting solely of a sound element, writes Masaki Mikami.
As the WIPO Annual Assemblies draw to a close this week, governments face a dramatic stand-off over the organisation’s biennial Program and Budget. Unless a series of its demands regarding the organisation’s financing and treaty-making processes are met, the United States is refusing to approve the WIPO budget – a decision Member States normally take by consensus. While sparring among governments over the budget and content of a UN organisation’s programs is not unusual, the debate at WIPO this year highlight challenges at the heart of its governance system, writes Carolyn Deere.
On 18 August 2017, the Trump administration invoked Section 301 of the Trade Act of 1974 to launch an investigation into alleged Chinese violations of intellectual property rights (IPR). In response, China stated that the United States ‘disregards the rules of the WTO’ and that it will ‘take all proper measures to safeguard its legitimate rights’. Alongside investigations into steel and aluminium imports, the new Section 301 case holds the potential to escalate US–China trade tensions, write Zhiyao (Lucy) Lu and Gary Clyde Hufbauer.
PARIS -- La Revue Prescrire, a French journal for healthcare professionals, has chosen “Private Patents and Public Health” — a 2016 book written by Ellen ’t Hoen — as one of four winners of its 2017 Prescrire Prize Book Award. Calling it “a major reference work on access to medicines and the patent system,” Prescrire praised ’t Hoen’s book both for its extensive collection of data and examples as well as its readability. (Medicines Law & Policy contributor, Kaitlin Mara was the editor of the book).