Category Language

ICTSD: Specialised Intellectual Property Courts – Issues And Challenges

The establishment of the WTO Agreement on TRIPS (Trade Related Aspects of Intellectual Property Rights) and the proliferation of plurilateral, bilateral and regional agreements have significantly contributed to the increasing complexities of the intellectual property system. The emergence of new actors, reflecting conflicting expectations and the adoption of new trade agreements that often exceed the standards set by the TRIPS agreement, have resulted in a new density of rules that have further fragmented the international system. These developments have unavoidably called for further analysis by academics and stakeholders.

Can Patents Ever Be “Ever-Greened”? The Answer…They Are “Never-Greened”

“Ever-Greening of Patents” has been an expression that has been extensively used in debates related to the global pharmaceutical industry at least since the last two decades. Interestingly, this term has never been statutorily defined and hence has been applied most freely by professionals, policy makers and politicians alike. It would be appropriate to objectively examine whether patents in any jurisdiction can ever be “ever-greened”. A fitting initiation to this debate is the very concept of what a patent is from the very first principles, writes Prabuddha Ganguli.

News Reports And Fair Dealing: Moneyweb v Media24

The recent decision involving Moneyweb and Media24 (Moneyweb (Pty) Limited v Media 24 Limited & Another [2016] ZAGPJHC 81) is an important one for copyright lawyers in South Africa because it is the first time that two provisions relating to news reporting of the Copyright Act 1978 (the Act) have been judicially considered, namely, sections 12(1)(c)(i) and 12(8)(a). In fact, it is the first time that the application of the fair-dealing provision, section 12(1), has received any judicial consideration, whether in the context of news reporting or otherwise.

Amid Global Push For Tobacco Plain Packaging, IP And Health Rights Bog Down Africa

CAPE TOWN, South Africa — Plain packaging is considered unattractive among marketers, loss-making for industries, and a healthy life promoter for governments and the public. The potent mix to balance profits, safeguard jobs and cut illnesses has made it a controversial solution to curb smoking. As it grows in popularity around the world, how is plain packaging faring in Africa?

Innovation And Access: Fission Or Fusion? Interview with David Taylor, Professor of Pharmaceutical and Public Health Policy, University College London, UK

In the light of the UN High-Level Panel on Access to Medicines, this series of sponsored articles challenges experts to give their views on the policies that best support the development of solutions to societies’ greatest challenges and how enabling policy environments, including IP systems, influence the development and flow of new technologies and services in different sectors, fields of technology, and jurisdictions. The views expressed in the articles are those of the authors. Below is an interview with David Taylor, Professor of Pharmaceutical and Public Health Policy, University College London, UK.

Biggest World Health Assembly Ever Kicks Off Next Week With A Loaded Agenda

Next week the annual assembly of World Health Organization member states will take place with a heavy agenda and its largest attendance ever. The lack of new antibiotics to address bacterial resistance, global shortages of vaccines and medicines, the fight against substandard drugs, and a framework to guard against undue influence of outside actors on the work of the WHO are part of a picture where there is an increasing blur between developed and developing countries in terms of access to medicines. And then there is the matter of electing a new WHO director general.

EU Eyes Revamp Of Policy To Speed Drug Approvals In Developing Countries

Article 58, a process introduced by the European Commission to help speed up the time low and middle-income countries take to approve new drugs, could be in for a massive overhaul. A revamp has been proposed because it is underused - just a handful of products have gone through the Article 58 process since its launch in 2004. The most recent is an antiseptic chlorhexidine gel that prevents new-born umbilical cord infections in developing countries. A joint project between GSK and Save the Children, it was approved late last month.

WIPO Copyright Committee In Freewheel Mode; Conversation Continues

It is difficult to understand whether the prospect of a treaty protecting rights of broadcasters is getting nearer or farther away at the World Intellectual Property Organization, as some countries are still calling for a diplomatic conference to finish the treaty, while others are saying agreement on core issues such as what and who the treaty should protect seems elusive. And the committee discussion of copyright exceptions and limitations was nourished by non-governmental entities explaining the need for those exceptions.