Intellectual Property Watch

Intellectual Property Watch

  • Articles: 409

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.

The Bipolar Nature Of Academic Publishing

Since the late twentieth-century shift from the liberal university to the neoliberal university (the latter distinguished by the managerial class installed to leverage and extract value from academic research, plus polish the brand of the franchise), the publications’ ecosystem for academics, foremost in the Arts and Humanities, has been altered beyond recognition. Notably, it has exponentially expanded while at the same time suffering maximum constriction in the form of what legal scholars have called the “great copyright robbery” (Bernt Hugenholtz, 2000), writes Gavin Keeney.

Infojustice.org – Australian Commission Recommends Fair Use To Restore Balance In Copyright Law

Infojustice.org reports: A draft report by the Australian Productivity Commission (APC) concludes that the current copyright law fails to properly balance the interests of copyright holders and users. It warns that “Australia’s copyright arrangements are weighed too heavily in favour of copyright owners, to the detriment of the long-term interests of both consumers and intermediate users.” The APC makes recommends changes to the law to address the imbalance, including “the introduction of a broad, principles-based fair use exception.”

Surprise! Much Work Being Done On Transparency Of Patents On Medicines

James Love writes: In a recent paper by Reed F. Beall and Amir Attaran [KEI's April 12, 2016 comment here: http://www.keionline.org/node/2467], and in the WIPO seminar discussions about the paper, the authors have held themselves out as more or less lonely voices calling for transparency of patent landscapes on essential medicines. This surprised and offended the many people who have not only been concerned about the lack of transparency on patent landscapes, but have been doing most of the work in digging out the facts, and/or proposing remedies.

Why We Celebrated World Intellectual Property Day 2016

Corey Salsberg writes: Yesterday was World Intellectual Property Day. April 26 is the day we celebrate and call attention to the global intellectual property (IP) system. Why do we set aside a day for the entire world to stop and reflect on a subject that, for many, may seem more at home in board rooms, lecture halls, and legislatures, than in cafes, farms, and internet blogs?

Drawn Out Battle Over Genetic Resources Dampens Africa’s Hopes

Chidi Oguamanam writes: The global South is full of significant, diverse biological and genetic resources. It’s also home to most of the world’s indigenous communities. This is why developing countries are sensitive about protecting their genetic resources and traditional knowledge.

Indigenous communities enjoy a close relationship with nature. Genetic resources are central to producing their traditional knowledge. This drives innovations in agriculture, medicines and conservation. But global intellectual property frameworks – the legal mechanisms for securing knowledge ownership – still haven’t taken this reality into account.

Tribute To Brazilian Legal Scholar Denis Barbosa

Genius, brilliant, generous, wholehearted, warm, kind, funny, original, musician, art lover, brave, restless, these are few of the most suitable and recurrent attributes of Denis Borges Barbosa, who passed away on Saturday, April 2nd. Leading IP professor, researcher and attorney in Brazil, he was also the key international face of Brazilian IP, write Allan Rocha de Souza and Cláudia Chamas.

China’s Pharmaceutical Sector And The IP Puzzle

Despite impressive growth, the pharmaceutical sector in China still relies on generic drug production since the majority of domestic companies cannot compete with country-based foreign corporations. Currently, following WTO pressure to oblige China to comply with IP regulations, more and more patented drugs are entering the market. Unfortunately, in spite of a newly introduced IP friendly bill, a puzzling situation persists, writes Pietro Dionisio.