Category Patents/Designs/Trade Secrets

No Future Work Programme For WIPO Patent Law Committee; Questions On Development Orientation

Two days of informal consultations last week did not bring World Intellectual Property Organization members to agreement on a work programme for the next session of its committee on the law of patents. Developed and developing countries have different views on the work of the committee, with developing countries seeking work on patent on health, and limitations and exceptions to patent rights, while developed countries are more interested in work-sharing between patent offices and protecting the confidentiality of information between patent advisers and their clients.

Beyond The Good Old Patent System: Make Sure To Share, Innovator Recommends

The habit of patenting innovative products is being challenged by ever faster innovation cycles, the growing need for collaboration and co-invention, and what some classical patentees see as a “virus” of open source licensing. The tenth edition of the IP Summit, hosted in Berlin this year, heard some interesting stories from the smart home and smart car business.

IP Summit: Changes In Patent System, Intermediary Liability And The Future Of IP

The stretch run for Europe's Unitary Patent System (UPS) again took centre stage at the Premier Cercle IP Summit 2015 in Berlin yesterday. Eyes are on Germany for the ratification of the UPS. Cornelia Rudloff-Schäffer, president of the German Patent Office, in the keynote speech assured the 300 hundred participants Germany was preparing for the new system and called out to industry to prepare for the change, saying: “Check your portfolio now.”

Colombia Asked To Declare Excessive Price For Cancer Drug Contrary To Public Interest, Grounds For Compulsory License

Colombia has a decision to make. A full year has passed from the November 24, 2014 request by iFarma, Misión Salud and CIMUN for a declaration of the public interest regarding the cancer drug imatinib (marketed by Novartis as Gleevec/Glivec), the first step on the path toward a compulsory license in Colombia. Thus far, Colombia’s Ministry of Health and Social Protection has failed to act one way or another, leaving patients in limbo and the government at the mercy of a Swiss pharmaceutical giant that reported revenue of over $57.9 Billion USD in 2013, write James Love and Andrew S. Goldman.

Speakers At WIPO Diverge On Patents-Access Relationship; Biologics A Challenge For Generics

A seminar on patents and availability of medicines in developing countries yesterday considered whether patents constitute a barrier to access. For the private sector, patents are essential to the innovation system, for others they maintain high prices and should be licensed for easier access. Beyond patents, biologics seem to be taking over the pharmaceutical industry, and the complexity of manufacturing biosimilars might well leave traditional generic manufacturers by the wayside.

Separately, a side event at WIPO looked at IP management strategies in private-public partnerships in agriculture and health technologies.

Impact Of The TPP On The Pharma Industry

The final text of the Trans-Pacific Partnership confirms beyond doubt the apprehensions expressed by civil society, academia and the generic industry about new barriers to access to medicines. The TPP has done away with several flexibilities provided under the TRIPS Agreement and the Doha Declaration on Public Health. Though the text mentions “nothing in this [IPR] Chapter limits a Party’s rights and obligations under Article 31 of the TRIPS Agreement,” the TPP Investment Chapter overrides these flexibilities, says D G Shah.

US Congressional Study Finds Excessive Profit-Seeking In USD84K Hepatitis Drug Sovaldi

Two bipartisan United States senators today released the results of an 18-month investigation into the US$84,000 price of the Sovaldi hepatitis C drug, finding the pricing and marketing strategy was aimed at maximizing revenue at the expense of access and affordability. The new report also shows the high impact on US government drug procurement programs and other data.