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Consultation On Future Of WHO Pandemic Flu Programme To Look At Seasonal Viruses, Genetic Information

The World Health Organization mechanism to prepare the world for the next influenza pandemic is pondering its future and possible improvements. Among them are its extension to seasonal influenza, and the inclusion of genetic virus information along with biological samples to keep pace with technological developments. Member states and stakeholders (except the media) have been invited by the WHO to a consultation next month to discuss an analysis showing the potential beneficial or deleterious effects of the suggested changes to the system.

TRIPS Council Serves As Ground For Discussion Of Compulsory Licensing

The escalating prices of medicines has become a growing global concern. Among many issues, intellectual property has been pointed to as providing monopolies that allow for unaffordable prices, in particular in developing countries. Though there is consensus among countries that IP is but one of the issues, the extent of the IP influence is not agreed. The use of compulsory licences as a way for developing countries to grant access to medicines to their populations was discussed during the World Trade Organization committee on intellectual property last week, with divergent opinions.

TRIPS Council: Fears That Non-Violation Complaints Could Undercut Flexibilities In IP Trade Rules

World Trade Organization committee members this week were asked to recommend to the upcoming ministerial conference whether to lift or indefinitely prolong a moratorium shielding intellectual property from complaints between members not involving a breach of a WTO agreement. Short of a consensus, the intellectual property committee will have to reconvene next month to try to find agreement. Separately, a two-year extension was granted to countries not yet having ratified the public health amendment to WTO IP rules.

WIPO Report To Annual Assemblies Contains Some Interesting Facts

Among all the high-profile issues on the stage and the countless side meetings and cultural celebrations happening at the annual World Intellectual Property Organization annual Assemblies, there were some interesting facts and figures presented about the UN agency itself.

On Eve Of TRIPS Council, Experts Promote Benefits Of IP For Small Enterprises

The importance of intellectual property protection for micro, small and medium-sized enterprises and the challenges they might encounter to ensure that protection was the focus of an event organised this week by a group of developed and middle-income countries at the World Trade Organization. According to the group, the event aimed at drawing connections between IP policies that are under discussion in the WTO IP committee.

World Health Summit: Failing Business Models In AMR And Vaccination

BERLIN -- With antimicrobial resistance (AMR) on the rise worldwide there is no time to lose for developing new antibiotic drugs, experts said during one of the last panels of this year’s World Health Summit in Berlin Tuesday. As in several other rounds during the three-day event, industry representatives underlined that there is an issue with the business model due to high risk and low return of investment for research in this area.

“WTO Must Not Be The Odd One Out” – Members Revive Talks On GIs, Genetic Resources

Members of a 2008 World Trade Organization coalition are trying to rekindle a negotiation to provide the same level of protection granted to wines and spirits to other geographical indications, and to grant intellectual property protection to genetic resources and traditional knowledge. The discussion might not make it to the December WTO ministerial, but the group hopes to open a “fresh window” for discussion.

In US, New Legal Ploy May Protect Bad Patents

It had been a bad three months for Allergan, Inc. The drug maker’s stock price had fallen over 20 percent, as the company faced two legal challenges to the patents on its blockbuster drug, Restasis. Then, on 16 October, Allergan lost one of those challenges. A US court found the patents invalid. Allergan vowed to appeal, thus maintaining its monopoly on the drug until a final court determination, which could be over a year away. But Allergan’s monopoly could collapse far sooner, if the company were to lose the second challenge to the patents, before the USPTO. Such a loss was probable, as the agency had already found a “reasonable likelihood” that prior art invalidated the patents on Restasis. So back in September, Allergan employed an innovative legal strategy: The company gave its patents to a Native American tribe, and the tribe claimed its sovereign immunity prevented the USPTO from reviewing the patents’ validity. If this strategy were to succeed, it will do far more than just boost Allergan’s bottom line. The new strategy will increase the power of patent owners, help patent trolls, and dramatically alter the US patent system.

Early Whispers Of Next WIPO Director General Election Cycle

It’s safe to say most delegates at the annual World Intellectual Property Organization General Assemblies this month gave no thought to the next election for the director general of the UN agency. It’s not surprising, as it is still years away and was not on the agenda this year. But it was surprising to hear a few delegates in the hallways utter the first very early whispers about what the next election might look like. So Intellectual Property Watch talked to delegates and looked at the possible timeline for the next election for the top post at WIPO.

Reckoning With The “System Battistelli”

MUNICH -- Considerable quality problems in the examination and processing of patent applications at the European Patent Office (EPO) were deplored by a group of patent attorneys during a visit of the new Chair of the EPO Administrative Board, Christoph Ernst, from the German Ministry of Justice, to the Max Planck Institute for Innovation and Entrepreneurship Research in Munich. Meant as a presentation of Ernst's thoughts on “the future of the European patent system,” the debate developed into a harsh reckoning of the “System Battistelli.”