Original news and analysis on international IP policy
The US started 2019 with a bang. Its Supreme Court has just announced a major patent decision, and more big developments could arrive in the coming months. Here are some of the top issues to watch this year.
The World Health Organization Executive Board this month will consider an 8 percent WHO budget increase for 2020-2021, discuss environment health risks, the high price of cancer drugs, and how to facilitate access to medicines and vaccines. Also on the agenda is the fight against antimicrobial resistance, rising noncommunicable diseases, and tuberculosis.
In another area, the Board is also expected to discuss its pandemic influenza framework, in particular access to influenza viruses under the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity. The Board will further be asked to consider new entities seeking to enter into official relationships with the WHO, and those with whom relations should be discontinued.
While the World Bank Group and the United Nations Environment Programme (UNEP) are looking for new leaders following the unexpected resignations of their heads, the International Telecommunication Union re-elected its secretary general. The European Patent Office got two new vice-chairs, and the European Organization for Nuclear Research (CERN) a new president, both starting in January. Associations for the creative industry and the pharmaceutical industry also elected new top officials, and lawyers continued to practice firm-hopping.
The European Union Council of member states has approved a mandate for negotiations with the EU Parliament concerning a draft regulation aimed at boosting EU-based generic and biosimilar manufacturing for export by providing an exception to the extended intellectual property protection granted by special protection certificates (SPCs). The mandate brings the draft regulation a step closer to adoption, and it also suggests that Parliament’s recent amendments to the regulation are likely be key areas of debate in the negotiations, which are expected to begin in the coming weeks.
In a new report on the creative economy, the United Nations Conference on Trade and Development (UNCTAD) found that despite a slowdown in global trade since the 2008 financial crisis, the creative economy has remained robust and has exhibited significant growth. Leading this growth is China, with four times the creative goods exports as the United States in 2015.
WASHINGTON, DC – Two out of three United States intellectual property attachés based in China last week had tough words for China’s manipulation of IP policy and law over the past year, suggesting they at times “hijack” the legal process in favour of local interests, and are in a mad rush to become the world’s top patent and trademark filers regardless of quality to the point that it has become a “cancer” on the IP registration system. A third US IP attaché, however, took a friendlier and more patient view of China’s actions, downplaying concerns and urging US companies to allow it to continue.
Two recent academic papers examine whether Non-Practicing Entities (NPEs) deserve their reputation as patent trolls – but the papers reach conflicting conclusions. As discussed in the first part of this article, a paper published by Stanford’s Hoover Institution found that 26 publicly-listed NPEs invest in R&D and do little harm to America’s high tech sector. These findings, however, are less significant than they appear. Another paper, published by Harvard Business School (HBS), found that NPEs do on average behave as patent trolls. How important – and trustworthy – are the HBS findings?
After weeklong negotiations on potential treaty language defining traditional knowledge and folklore, how they would be protected, and under which conditions, World Intellectual Property Organization member states agreed on draft articles, qualified as a work in progress by the committee chair.
The European Parliamentary Committees on Health and Trade have each voted in recent weeks to adopt amendments to the proposed Special Protection Certificate (SPC) manufacturing waiver, an intellectual property exception for the EU generic and biosimilar industry. The amendments include provisions that push the waiver toward increasing EU generic and biosimilar industry competitiveness in EU markets, and improving access for EU patients to affordable medicines. The waiver and amendments still have several hurdles to go, including a vote by the Legal Affairs Committee planned for January.
This week's first revisions of draft articles of potential treaties protecting traditional knowledge, and folklore were released midweek at the World Intellectual Property Organization. Changes included new elements on a tiered approach in the protection of traditional knowledge, whether it is restricted, narrowly diffused, or widely diffused.