Original news and analysis on international IP policy
The discussion on intellectual property-related barriers to access to medicines was one of the most contentious points of the 39th meeting of the UNAIDS governing board last week. After hours of negotiations, the board agreed that the organisation will keep working on the issue. But developing countries and civil society would have preferred a stronger mandate, according to representatives.
A meeting of the Board of the Joint United Nations Programme on HIV/AIDS (UNAIDS) has concluded with a set of decisions (attached) showing that the Board went farther than just noting the UNAIDS secretariat report on intellectual property-related barriers preventing access to medicines. And the Board, after lengthy discussions, also called on UNAIDS to facilitate discussions on the high-profile report of the United Nations Secretary-General’s High-Level Panel for Access to Medicines.
Imagine your company just acquired its competitor for $100 million. Now imagine the company’s most important asset – its proprietary software – is subject to third-party license conditions that require the proprietary software to be distributed free of charge or in source code form. Or, imagine these license conditions are discovered late in the diligence process, and the cost to replace the offending third-party software will costs tens of thousands of dollars and take months to remediate. Both scenarios exemplify the acute, distinct and often overlooked risks inherent to the commercial use of open source software. An effective tech M&A attorney must appreciate these risks and be prepared to take the steps necessary to mitigate or eliminate them.
In a first-impression case with implications for international trade, the United States Supreme Court is set to decide whether the US supplier of a single non-infringing article used in an infringing product abroad can be held liable for worldwide damages under US patent law. The case hinges on the meaning of “substantial” and whether US law can extend beyond its borders.
The annual “Intellectual Property Statistics for Decision Makers Conference” took place in Sydney, Australia on 15-16 November. After Vienna last year, the Organisation for Economic Co-operation and Development (OECD) as the key initiator organised the landmark forum this time with the Australian Government through its national intellectual property office, IP Australia. In this environment where the Australian economy could recently mark its 25 years of continuous growth and where the government just launched a new “National Innovation and Science Agenda” in the form of a new tax reform package, we could follow panel discussions and speeches about how empirical evidence can be gained for innovation.
Veteran public health advocate Els Torreele of Belgium has been named the new executive director of the high-profile Médecins Sans Frontières (MSF, Doctors Without Borders) Access Campaign, based in Geneva.
The Board of the Joint United Nations Programme on HIV/AIDS (UNAIDS) this week is considering a report calling for the 11 cosponsor agencies of the programme to follow the recommendations of the UN Secretary General’s High-Level Panel on Access to Medicines to improve policy coherence, and to produce reports on the use of intellectual property at country and regional levels, including the use of flexibilities.
The United States Supreme Court yesterday provided a big victory for Samsung – and common sense, according to many experts. The high court ruled that Samsung need not pay $399 million in damages – all the company’s profits from 11 models of smartphones – simply because one or two tiny components of those phones infringed design patents owned by Apple. But Samsung isn’t out of the woods yet. Because despite the importance of today’s Supreme Court decision, the high court left an even more important issue unresolved.
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Despite the Trans-Pacific Partnership (TPP) being - to all-intents-and-purposes - dead in the water, pursuit of some of the most egregious objectives of the corporate interests driving the TPP agenda rolls on. Pharma is persisting in its push for countries to adopt not just TRIPS-Plus, but in some cases even TPP-Plus intellectual property rules - presumably groundwork for the later emergence of a ‘son-of-TPP’ agreement, three authors write.
A new register of intellectual property in the field of military and defence will soon be established in Russia in accordance with a recent decision of the national government, according to the state press service.
The winners of the 2016 Patents for Humanity Award of the United States Patent and Trademark Office this year are recognised for providing global disease solutions. The inventions relate to malaria, vaccines, a life-threatening pregnancy complication, and meningitis.