Original news and analysis on international IP policy
The role of intellectual property in a wide range of public health challenges - access to medicines, vaccine prices, procurement strategies, and research for diseases of the poor - is a focal point in 2013 cutting across national, regional, and international policymaking.
European talks aimed at dragging copyright law into the digital age are not likely to produce results any time soon because of resistance from rights holders and political manoeuvring in the European Commission, players from the internet service provider and consumer sectors say. But the Commission said while it's true that changes could take several years, there will be regulation if needed.
While country delegates at the World Intellectual Property Organization are working to find consensus on a text to become a treaty for the benefit of blind and visually impaired people, industry and non-governmental organisations are pushing their agendas.
It has become routine for companies to outsource many business functions. Human resources, customer service, accounting, manufacturing of components - all have been outsourced. Now, however, a growing number of US businesses are outsourcing something new: patent licensing. And this outsourcing may hurt both the US economy and its patent system.
The biotechnology industry has growing concerns over decisions to be taken this year by the United States Supreme Court in two cases involving the patenting of human genes and the exhaustion of patent rights in the context of easily reproducible products. Several areas of biotechnology could be affected by unfavourable decisions, provoking legal uncertainty and discouraging innovation, industry representatives said in a recent telephone conference. In the meantime, civil society stands fast in opposition.
South-East Asia is host to one-third of the world’s 39 million blind people. Over 20 million live in India alone. This week’s special session of the World Intellectual Property Organization aims to clean up the text of an international treaty to facilitate access to books for the blind and visually impaired community. It is thus of prime importance for India, and some there worry that issues such as commercial availability could undermine the treaty’s effectiveness.
Prof. Owen Dean writes: It is a fact of life that attempts have been made in certain other countries to usurp control of the term or mark ROOIBOS, despite the fact that it is a well-known South African description for a particular plant which gives rise to ROOIBOS tea. The term ROOIBOS is as typically South African as “braaivleis” and “biltong”. It is really part of our South African heritage. The South African authorities have nonetheless taken no concrete or effective steps to protect and control the use of this term in South Africa or elsewhere.
As several countries prepare to sign an international agreement establishing an EU unified patent court, debate still rages over whether the concept of the court, and of a single EU patent, is actually feasible. Some say a unified patent in the near term is a “dead letter,” while one patent lawyer believes that while some technical issues remain, the system will spring into life in the not-too-distant future.
The following is a reprint from the EU research and development network, Cordis, summarising recent activity on the EU Digital Agenda.
The Digital Agenda for Europe and its 101 actions form a vital part of the overall Europe 2020 strategy for securing smart, sustainable and inclusive growth. The actions are organised in seven pillars, or 'containers': digital single market, interoperability and standards, trust and security, fast and ultra-fast internet access, research and innovation, digital literacy, skills and inclusion, and ICT-enabled benefits for EU society. In the previous part of this story we covered the digital single market, interoperability, security, and fast internet access. Next we look at ICT support for research…
Alongside the World Intellectual Property Organization meeting on protection of genetic resources last week, the International Federation of Pharmaceutical Manufacturers & Associations (IFPMA) organised a side event on natural product research.
The coming year promises to be very interesting at the intersection of intellectual property with biotechnology and biodiversity. Patentability of human genes in the United States, of conventionally bred plants in Europe, plant breeders' rights and the management of regulatory authorisations when patents on genetic traits expire, the future of genetically modified organisms in developing countries, and the usual resistance they are meeting from civil society and famers' groups are some of the issues that will continue to feed debates – and potentially create opportunities - in 2013.
Global food security lies in the capacity to access and contribute to a wide pool of genetic material, the chair of the United Nations treaty on plant genetic material said on the margin of this week’s World Intellectual Property Organization meeting on the protection of genetic resources. But the origin of this genetic material is often impossible to determine, particularly for crops, the treaty secretary said.