Original news and analysis on international IP policy
An alliance of over a hundred industries seeking to curb antimicrobial resistance launched its first report today. According to the report, a number of companies are heavily investing in research and development, and work to improve access to their diagnostic products and preventing therapies.
A network of civil society organisations chose the birthplace of the World Trade Organization, Marrakesh, to hold a global summit on intellectual property and access to medicines this week. Part of the summit focused on stringent IP measures in free trade agreements in particular with the European Union, introducing patent term extension and data exclusivity periods.
The World Economic Forum is meeting next week in Davos, with Indian Prime Minister Narenda Modi opening the forum, and US President Donald Trump closing it. One of the focuses of the annual meeting will be on finding ways to reaffirm international cooperation on common challenges, such as the environment and the global economy.
Plans to update European Union copyright rules advanced in 2017 but remain contentious heading into the new year. The proposal for a directive on copyright in the digital single market is the subject of intense debate between the EU Presidency and the European Parliament, with no clear end in sight to the negotiations. Several issues, including a possible “ancillary right” for news publishers and a plan to force online platforms to filter all uploads to combat copyright infringement, remain unresolved.
Other copyright matters, such as a regulation on broadcasting and a review of the EU database directive, are in the works. On the patent side, a pressing question is whether – and when – the EU unified patent and patent court (UPC) might finally launch.
Several EU comprehensive trade agreements, which include provisions on intellectual property rights, are under negotiation.
Cases to watch in the European Court of Justice include a referral from the Netherlands on the issue of whether the taste of cheese can be copyrighted.
The World Health Organization Executive Board meets next week. On the agenda are recommendations of a review group on the WHO Global Strategy on Public Health, Innovation and Intellectual Property, and WHO proposed actions to increase access to affordable and safe medicines and diagnosis. The Executive Board is also expected to consider a report on noncommunicable diseases, new possible organisations to enter into official relationships with WHO, and how to address the global burden of snakebites, including access to treatment.
The Office of the United States Trade Representative today released its annual list of the worst outlaw online and physical markets around the world, citing a range of major sources of problems in every part of the world. The list this year highlights new technologies, identifies online advertising as a large revenue source for counterfeiters, and includes Chinese online market Taobao, owned by internet giant Alibaba, for the second year in a row, leading the company to claim bias and politics are at play.
Patent applications related to blockchain technology are rising at exponential rate, according to a presentation given yesterday by a partner at United States law firm Rimon. Inventors are seeking intellectual property protection, bringing challenges into the blockchain ecosystem, such as infringement and patent trolls. He called for industry collaboration on IP, and the possibility of patent pools.
Kenya’s pharmaceutical products manufacturing sector is hopeful it will experience significant growth after the Square Pharmaceuticals ltd (SPL) of Bangladesh commissioned a US$ 75 million plant in the East African nation this week. [A reminder: this story, like all of our stories, is completely free for almost every developing country in the world. Just sign up for a free password here!]
From the Morrison & Foerster Socially Aware blog: Happy 2018 to our readers! It has become a Socially Aware tradition to start the New Year with some predictions from our editors and contributors. With smart contracts on the horizon, the Internet of Things and cryptocurrencies in the spotlight, and a number of closely watched lawsuits moving toward resolution, 2018 promises to be an exciting year in the world of emerging technology and Internet law.
The recently published book Coalitions and Compliance by Professor Ken Shadlen of the London School of Economics examines how international changes can reconfigure domestic politics. Since the late 1980s, developing countries have been subject to intense pressures regarding intellectual property rights. These pressures have been exceptionally controversial in the area of pharmaceuticals. Historically, fearing the economic and social costs of providing private property rights over knowledge, developing countries did not allow drugs to be patented. Now they must do so, an obligation with significant implications for industrial development and public health. This book analyses different forms of compliance with this new imperative in Latin America, comparing the politics of pharmaceutical patenting in Argentina, Brazil, and Mexico. The book focuses on two periods of patent politics: initial conflicts over how to introduce drug patents, and then subsequent conflicts over how these new patent systems function. Intellectual Property Watch recently conducted a Q&A with Prof. Shadlen, which appears below.
In the coming year, one US Supreme Court case promises to dominate developments in America’s IP law. The upcoming decision in Oil States Energy Services v. Greene’s Energy Group could have major ramifications for patents, copyrights, trademarks, and the USPTO. But even as that case steals the limelight, 2018 could bring other significant changes to America’s IP law. Here are some of the key developments to watch for.
In 2018, the World Intellectual Property Organization and other major international organisations are planning the second international conference on "Respect for IP," referring to raising awareness of and building strategies for enforcement of intellectual property, this time in South Africa.