Original news and analysis on international IP policy
Members of a 2008 World Trade Organization coalition are trying to rekindle a negotiation to provide the same level of protection granted to wines and spirits to other geographical indications, and to grant intellectual property protection to genetic resources and traditional knowledge. The discussion might not make it to the December WTO ministerial, but the group hopes to open a “fresh window” for discussion.
A technology association-backed report released this week shows strong growth in revenues for the music industry over the past 5 to 10 years, driven by digital music. The data counters the current European copyright reform concern over a "value gap" for the music industry, the Computer & Communications Industry Association (CCIA) said.
It had been a bad three months for Allergan, Inc. The drug maker’s stock price had fallen over 20 percent, as the company faced two legal challenges to the patents on its blockbuster drug, Restasis. Then, on 16 October, Allergan lost one of those challenges. A US court found the patents invalid. Allergan vowed to appeal, thus maintaining its monopoly on the drug until a final court determination, which could be over a year away. But Allergan’s monopoly could collapse far sooner, if the company were to lose the second challenge to the patents, before the USPTO. Such a loss was probable, as the agency had already found a “reasonable likelihood” that prior art invalidated the patents on Restasis. So back in September, Allergan employed an innovative legal strategy: The company gave its patents to a Native American tribe, and the tribe claimed its sovereign immunity prevented the USPTO from reviewing the patents’ validity. If this strategy were to succeed, it will do far more than just boost Allergan’s bottom line. The new strategy will increase the power of patent owners, help patent trolls, and dramatically alter the US patent system.
Extended monopoly protection by the Regulation EC 469/2009 concerning the supplementary protection certificate (SPC) mechanism for medicinal products has led to spiralling prices in Europe for lifesaving medicines, while exhausting the national budgets and depriving patients of fair access to treatments. The EU Commission should repeal the SPCs and put in practice the recommendations signed on 8 September 2017 by thirty-three civil society organisations, in alignment with the final report of the UN High Level Panel on Access to Medicines, writes Daniele Dionisio.
A newly announced partnership between the UN World Intellectual Property Organization and the international pharmaceutical industry to set up a database of medicines patents announced this month to the surprise of governments and civil society was an idea originally brought to WIPO by a group of companies in February of this year. Now they appear to be encouraging others to join in.
It’s safe to say most delegates at the annual World Intellectual Property Organization General Assemblies this month gave no thought to the next election for the director general of the UN agency. It’s not surprising, as it is still years away and was not on the agenda this year. But it was surprising to hear a few delegates in the hallways utter the first very early whispers about what the next election might look like. So Intellectual Property Watch talked to delegates and looked at the possible timeline for the next election for the top post at WIPO.
MUNICH -- Considerable quality problems in the examination and processing of patent applications at the European Patent Office (EPO) were deplored by a group of patent attorneys during a visit of the new Chair of the EPO Administrative Board, Christoph Ernst, from the German Ministry of Justice, to the Max Planck Institute for Innovation and Entrepreneurship Research in Munich. Meant as a presentation of Ernst's thoughts on “the future of the European patent system,” the debate developed into a harsh reckoning of the “System Battistelli.”
On 26 September, the Japan Patent Office (JPO) announced, for the first time ever, the grant of protection to three sound trademarks consisting solely of a sound element, writes Masaki Mikami.
Today a range of civil society organisations sent an open letter to European Union policymakers calling for the removal of a provision they say would violate citizens' rights by forcing monitoring and filtering of copyrighted materials.
After an intense 10 days of negotiations, World Intellectual Property Organization delegates this week managed to close all items of the organisation's annual General Assemblies, with major decisions taken, such as the approval of the 2018/2019 budget, and a new mandate and work programme for the committee on the protection of genetic resources and traditional knowledge. However the inability to decide at the ambassador level which countries would host new WIPO field offices, and on the convening of a high-level negotiation to conclude a treaty on industrial designs, led to some teeth grinding.