Original news and analysis on international IP policy
The third amendment of Patents Act 1970, in 2005, was a major breakthrough for Indian IP practice in patents. The current crop of judicial decisions, discussed in this note, has initiated the need to have a critical mass of judicial precedents streamlining law and rules governing patent practice in India, writes Kamakhya Srivastava.
Delegates working on an international instrument to protect traditional knowledge and folklore against misappropriation today agreed this afternoon to ask the World Intellectual Property Organization General Assembly in September to extend the mandate of the committee working on those issues.
Delegates at the World Intellectual Property Organization this week continued work on evolving draft texts of treaties to protect genetic resources, traditional knowledge and traditional cultural expressions (TCEs), or folklore. But more work will be needed to complete them, according to participants.
Gilead's recently announced ARV licenses to the Medicines Patent Pool, although positive in some respects, still unreasonably limit the geographical access of key middle-income countries and restrict the sourcing of APIs and products to Indian companies, meaning that both generics companies and excluded countries will need to make strategic decisions to bypass the defects in the licenses, writes Brook Baker.
The Anti-Counterfeiting Trade Agreement (ACTA) under negotiation by a group of countries including those in the European Union is more ambitious than current EU law and risks problems for access to medicines, concluded a recent study commissioned by the European Parliament Committee on International Trade. But the study stops short of calling for a flat rejection of the agreement.
The European Commission yesterday announced the availability of nearly €7 billion euros (nearly US$10 billion) to boost innovation, its biggest grant ever for research and development. The move is predicted to create 174,000 jobs in the short-term and some 450,000 jobs and €80 billion in economic growth over the next 15 years.
As the mandate of the World Intellectual Property committee on the protection of genetic resources, traditional knowledge, and folklore is reaching its end, diplomats meeting this week seem to be coming to agreement on its extension. Meanwhile, a group of developing countries submitted proposals for each of the three legs of the committee, to be considered as delegates go through draft negotiating texts produced at the last session of the committee.
In the face of a severe food shortage, Kenya's Cabinet has approved imports of genetically modified maize, though it has drawn the line on use of GM maize as seeds, a regional newspaper reports.
The largest United States industry association continues to push for the Trans-Pacific Partnership agreement (TPP) to be the model of the highest intellectual property rights standards of any US agreement, matching the US-Korea free trade agreement.
World Intellectual Property Organization member countries next week will work on draft negotiating texts on the protection of genetic resources, traditional knowledge and folklore. New recommendations by a set of developing countries are calling for a diplomatic conference in 2013, and to extend the work of the committee in charge of reaching an international instrument, as its mandate ends this year.
Chief Judge Paul R. Michel (Ret.), of the U.S. Court of Appeals for the Federal Circuit, saw hundreds of patent cases during his distinguished career and has a unique position from which to view and offer advice on efforts in the US Senate and House of Representatives to agree on changes to domestic patent law. Intellectual Property Watch recently had the opportunity to interview Judge Michel on prospects for substantive patent reform in the US, the effect on future cases involving domestic and foreign patents, likely constitutional challenges, and the "non-problem" of non-practicing entities.
Global public health experts in charge of exploring ways to finance R&D on diseases endemic in developing countries last week provided a preliminary summary of assessments on proposals provided by various stakeholders. They also made recommendations to establish global mechanisms, including a binding global instrument for R&D and innovation for health.