Original news and analysis on international IP policy
Although the main governing body of the World Health Organization is the annual World Health Assembly held in May, many decisions are made at the annual January session of the WHO Executive Board. Among the topics to be discussed next week are the election of a new director general, antimicrobial resistance, the financing of research and development for health products.
A recently published book by a high-impact public health advocate provides new analysis on the use of flexibilities in international trade law relating to intellectual property rights aimed at advancing discussions on solutions to high drug prices worldwide.
Climate change is prompting the need for new technologies to address the consequences of the weather changing patterns. A book authored by a number of scholars provides an introduction to the interactions of climate change with the global intellectual property, innovation, human rights and international trade systems.
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.
The book Antitrust Issues in Intellectual Property Law, edited by Bradford Lyerla and authored by several lawyers, is about the intersection of IP law and antitrust law and collects case law from 2015 and 20152016??, dealing with the issue.
As a new year dawns, a lot of movement has been observed in the pharmaceutical industry with new key players taking the lead. Meanwhile, new delegates are covering IP issues in Geneva, and coordination of regional groups at the World Intellectual Property Organization makes its usual yearly shift for 2017. The copyright industry also saw major changes, and law offices have been busy hiring new partners.
Few were surprised when, earlier this month, the US Supreme Court agreed to hear the appeal in Impression Products, Inc. v. Lexmark International. The case presents two important patent law issues, and the lower court’s ruling on these issues conflicts with Supreme Court precedents, according to many experts.
From extracurricular creativity to global campaigns, Universities Allied for Essential Medicines (UAEM) continues in its activities to raise awareness and explore how universities can best direct their research and innovations towards promoting global access to medicines. In the next year, UAEM will extend its national and international campaigns to address the high prices of medicines, continue to gather support for a global agreement on research and development and build on the mapping alternative R&D initiatives.
The discussion on intellectual property-related barriers to access to medicines was one of the most contentious points of the 39th meeting of the UNAIDS governing board last week. After hours of negotiations, the board agreed that the organisation will keep working on the issue. But developing countries and civil society would have preferred a stronger mandate, according to representatives.
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.
Despite the Trans-Pacific Partnership (TPP) being - to all-intents-and-purposes - dead in the water, pursuit of some of the most egregious objectives of the corporate interests driving the TPP agenda rolls on. Pharma is persisting in its push for countries to adopt not just TRIPS-Plus, but in some cases even TPP-Plus intellectual property rules - presumably groundwork for the later emergence of a ‘son-of-TPP’ agreement, three authors write.
Patent assertion entity (PAE) activity has skyrocketed in the past decade and much discussion has occurred around what to do in response to patent holders whose strategy is more focused on legal battles than innovating. One notable group has risen up to bring together global companies to address the PAE issue with a novel sharing approach. In an interview with Intellectual Property Watch, Ken Seddon, CEO and President of LOT Network, talks about the group's rapid growth, what's coming next, and how not to bring a squirt gun to a nuclear fight.