Original news and analysis on international IP policy
The innovative advertisements of famous trademarks we come across remind us of the image they have created in our minds and the quality of the respective products or services they reflect. Millions are spent by the owners of such marks to build their reputation and maintain their popularity in this competitive globalised world.
The Polish Ministry of Health has commenced consultations on an amendment to the act on reimbursements for drugs, foods intended for particular nutritional uses and medical devices. This bill envisions an entirely new system of refunds (full and partial), fixed maximum prices and fixed maximum margins for medical devices based partly on HTA, similar to the system currently in place for pharmaceuticals. The current wording leads one to believe that gradually all groups of medical devices could be introduced into this system. If the amendment is passed in the current shape, it has the potential to transform the medical devices market in Poland.
Danny Friedmann writes: When the holder of a medical patent finds herself on the patent cliff, staring into the abyss of a patentless and incomeless future, she will become very ingenious in applying for new uses, new pathways of delivery and new doses of the known substance. Painting a new layer of green over the patent that must give the impression of a new invention. It is the duty of the legislator to limit this kind of behavior if it stifles access to generic medicines. How can the interests of patent holders and patients be reconciled?
By Roya Ghafele, OxFirst - Dieter Ernst’s study is one of the few, if not the only one, to thoroughly examine the role, function and effects of Standard Essential Patents from a developing country’s perspective. As such, the study is a refreshing read, given that the discourse on Standard Essential Patents and the FRAND (fair reasonable and non-discriminatory) regime is pretty much driven from a developed country’s point of view.
Sirena Rubinoff writes: What if there was a crystal ball that could tell you where and when to invest your money? It sounds like science fiction, but engineers at MIT have actually developed a formula that can predict future events in tech development. The formula is based on a combination of big data from patent applications and smart analytics which, when put together, can estimate how fast a technology is advancing.
On 12 December, the Argentinian Copyright Office and the Ministry of Culture invited a group of stakeholders, among which was this author, to discuss the final draft of the Exceptions and Limitations Bill (Proyecto de Ley de Excepciones) to modify current Copyright Act no.11.723 of 1933. One wonders whether it would be better to draft from scratch a modern Copyright Act instead of patching up the old 1933 Act. Nevertheless, the bill is welcomed. Argentina, as this author has already expressed, has one of the most restrictive copyright laws in the world (see Propuestas para ampliar el acceso a los bienes públicos en Argentina – Estableciendo el necesario balance entre derechos de propiedad intelectual y dominio público, Maximiliano Marzetti, Buenos Aires, 2013).
There are a vast amount of ways in which you can structure an intellectual property collaboration between a university and business. This article looks to provide guidance and points for consideration by both sides.
According to a recent circular released by the Chinese ministries of education, and science and technology, universities established by the state have autonomy in technology transfer (see the original news here). Unless the scientific and technological achievements concern national security, national interests, and major public interests, it is unnecessary to report to the ministry of finance or management department. All income gained from the technology transfer belongs to the universities.
Abiola Inniss writes: The creation of the Caribbean Patent Convention under the auspices of Caricom is a long awaited and most welcome development towards the harmonization of intellectual property laws in the region. Even more importantly, it is an indication that Caricom leadership has at long last, after a lengthy period of stagnation and indeterminacy, finally decided to engage the process of thought and action necessary for the promulgation of a legal and regulatory framework for Caribbean intellectual property. The convention is expected to be enacted later in 2017.
President Trump and members of his administration have rightly talked about the need to be tougher on trade enforcement, including promising to take a closer look at existing trade agreements to see whether they should be revoked, renegotiated, or more strictly enforced. A candidate ripe for review is Colombia, and in particular, its ongoing failure to implement intellectual property provisions under the U.S. Colombia Trade Promotion Agreement (TPA), Nigel Corey writes.
When Gilead brought its new antiviral medicine – Sovaldi – for the treatment of Hepatitis C to the US market for USD 84,000, it triggered a storm of protest. Demand for this revolutionary treatment was so high that the price (despite reductions) became an enormous burden on the American healthcare system. Although the product is cheaper in Switzerland at CHF 48 307, treatment is rationed for reasons of cost.
Imagine your company just acquired its competitor for $100 million. Now imagine the company’s most important asset – its proprietary software – is subject to third-party license conditions that require the proprietary software to be distributed free of charge or in source code form. Or, imagine these license conditions are discovered late in the diligence process, and the cost to replace the offending third-party software will costs tens of thousands of dollars and take months to remediate. Both scenarios exemplify the acute, distinct and often overlooked risks inherent to the commercial use of open source software. An effective tech M&A attorney must appreciate these risks and be prepared to take the steps necessary to mitigate or eliminate them.