Intellectual Property Watch

Intellectual Property Watch

  • Joined: 11/11/2009
  • Articles: 422

US Complaints About Technology Transfer In China: Negotiating The Endgame

Dean Pinkert writes: The United States Trade Representative (USTR) has been open about its view of the difficulties faced by US companies who claim – generally anonymously – that they have been forced to transfer technology to Chinese entities: “The fact that China systematically implements its technology transfer regime in informal and indirect ways makes it ‘just as effective [as written requirements], but almost impossible to prosecute.’” As I explain in this article, I believe such informality is not merely a barrier to prosecutions; it also presents conceptual challenges for US trade negotiators as they attempt to craft effective means to address the concerns of US companies doing business in China.

Supporting UHC And Better Explaining IP – The 2019 Pharma Industry Agenda

In 2019, IFPMA work will continue to focus on constructive engagement in supporting UHC and working with others to strengthen health care systems. The association will continue to engage with a range of stakeholders, particularly multilateral organizations, to better explain the benefits of IP and exchange ideas to address issues of coverage, capacity, affordability and sustainability of healthcare.

Time To Put A Stop To The Abuse Of Orphan Drug Regulation- The Latest Scandal

Ellen 't Hoen writes: Today, the Dutch Medical Journal (Nederlands Tijdschrift voor Geneeskunde) reported on the case of lutetium-octreotaat, a cancer drug developed by researchers in the Dutch Erasmus medical centre in Rotterdam. For the last 18 years, the hospital pharmacy made the medicine to treat their patients, keeping prices relatively low. But now the drug is being marketed by Swiss pharmaceutical giant Novartis, and its price has skyrocketed to Euro 23,000 an infusion from an original price of Euro 4,000 an infusion.

What’s The Cost Of Allowing Patent Theft? Don’t Wait To Find Out

Russ Genet writes: Protecting patents can be expensive, especially for companies competing in a global arena where aggressive startups, cut-rate competitors and industrial giants are all vying for the next big innovation to snatch up or move to market. However, failing to protect patents can be equally expensive. It is estimated that patent theft costs the US economy billions each year. And for the corporate patent owner, failing to defend patent rights today can significantly limit their value in the future.

EIFL Looks Forward To An Exciting 2019 At WIPO

Teresa Hackett, EIFL Copyright and Libraries Programme Manager, attended the 37th meeting of the WIPO Standing Committee on Copyright and Related Rights (SCCR), the global body that sets international copyright law and policy, that took place in Geneva from 26 - 30 November 2018. During a full week advocating for libraries, EIFL participated in discussions on copyright limitations and exceptions, gave presentations at two civil society organized events, and engaged with government delegates from EIFL partner countries on library issues.

At the last SCCR of 2018, the main focus for libraries was on activities in the WIPO action plan 2018-2019; civil society presented ideas for the upcoming regional seminars on limitations and exceptions, as well as views on how to fix the draft broadcast treaty.

“Biopiracy” On The High Seas? Countries Launch Negotiation Towards A New International Legally Binding Instrument On Marine Genetic Resources In Areas Beyond National Jurisdiction

Wend Wendland writes: Countries have begun to negotiate a new international legally binding instrument on marine genetic resources in the high seas. The negotiation is an opportunity for countries to re-think existing frameworks which regulate access to and benefit-sharing in genetic resources. Countries have divergent views on if and how IP issues should be addressed in the new instrument. Developing countries have an interest in the establishment of mechanisms for the fair and equitable sharing of benefits from research into marine genetic resources and for the transfer of marine technologies. IP issues are relevant in both cases.

Stan Lee: Writer, Creator, And Marketer Of Intellectual Property

Dave Davis writes: As the many and well-deserved accolades for Stan Lee pour in on the occasion of his death after a career in content creation —mostly in writing— that spanned six decades, I thought now might be a suitable moment to add an additional perspective. I’m focusing on his success as someone who brought his creative expression to market, to the enjoyment of what eventually became an audience of millions. Stan Lee was many things, and among them, he was an outstandingly successful entrepreneur of intellectual property.

The Future Of The Ideas Business – The Rise Of Data-Driven Invention

New ideas are getting harder to find, and with less ideas there is a decline in organisational productivity and economic growth. This isn’t new, nor is the fact that to counterbalance the decline in idea generation, research and development have received and continue to require heavy investment. But with daily news of innovation centres opening up across the globe, the question remains whether initiatives like open innovation, crowdsourcing, or simply putting more scientific brains together will do this investment justice.

Last month, leading representatives of the IP, R&D and technology arenas met in Switzerland to discuss a technology-based alternative to human only idea generation. Hosted by data-driven invention company Iprova, the 2nd Data-Driven Invention Forum saw attendees from companies, such as Panasonic, Philips and DuPont as well as many other global organisations explore the future of innovation and the role data-driven invention plays in it. Here are some of the conclusions of the conference.

Defending Fair Use In South Africa

Sean Flynn, Peter Jaszi, and Mike Carroll write: On Wednesday the South African National Assembly vote on the Copyright Amendment Bill, which includes a new “fair use” right. Learned professors at the University of Stellenbosch have taken to calling the bill “shambolic”, and “an abomination.” It is certainly time for a little light to go with the heat.

Promoting Education Rights In South African Copyright Reform

Eve Gray and Desmond Oriakhogba write: The publishing industry is making a mad dash to defeat South Africa’s adoption of a fair use rights in Parliament on Wednesday. Their latest effort includes an alarmist petition being circulated among authors. It is interesting to note that, while one of the most persistent and loud complaints in these protests has been that the drafting of the new legislation was badly handled, our perception, along with a number of experienced observers in the process, has been that the level of discussion and debate; the degree of participation and engagement of government representatives; and the consensus on the needs to be addressed, was of a higher standard and the debate much better informed than in previous such attempts at reform over the past decades. It should also be noted that, while it is true that international publishers might have much to lose in the new law, local publishers, authors and students have much to gain. It is time to lower the heat and concentrate on the facts and context of what is before Parliament.