Original news and analysis on international IP policy
The European Commission has issued its opinion on certain articles of the EU directive on biotechnological inventions, in particular the patentability of plants or animals obtained as a result of natural occurrence such as selection and crossing. The Commission found that the intention of the EU when drafting the legislation was to exclude such products from patentability.
Sitting between different rights, powers and principles at the intersection of differing legal regimes is the case of Philip Morris v Uruguay. The case, which concerns Uruguayan regulations that impose enlarged graphic health warning requirements on tobacco packaging and reduce the varieties of a tobacco brand that can be sold, has since its decision in July this year by an investor-state arbitration tribunal, has caused much discussion among legal practitioners and academia and attracted broader public attention.
The first review of the implementation of the 2007 Development Agenda Recommendations aimed at infusing a development dimension into the World Intellectual Property Organization found that this implementation had been mostly consistent with the expectations of member states, but the review provided a list of suggestions to fill additional gaps. In committee this week, some countries asked that the WIPO secretariat prepare a response on how it plans to implement the recommendations provided by the experts conducting the review, but this is yet to be agreed.
Representatives from US dairy trade associations joined the cross-industry Consortium for Common Food Names (CCFN) recently to present an economic analysis on the impact of European Union policies regarding geographical indications on the United States and its dairy industry.
Poland’s Ministry of Economic Development has announced it is developing a package of 11 executive ordinances - of which nine are yet to be signed by the minister - to improve the procedures for obtaining trademarks and contacting the Polish Patent Office, reduce the costs of registering and protecting trademarks and industrial designs, and facilitate these procedures for small- and medium-size companies.
The issue of antimicrobial resistance has been in the spotlight in recent months as a growing awareness of the threat it represents for humanity has pushed discussions at the multilateral level. This week, the World Health Organization, World Intellectual Property Organization and World Trade Organization organised a symposium on the subject. Speakers discussed needs and potential solutions.
Under its new health emergencies program, the World Health Organization is setting up an improved structure for global health emergencies like the Ebola outbreak. But the UN agency is also opening itself up to a role as partnership broker to ensure the world has what it needs when the emergencies arise. And in doing so, WHO is trying to ensure that it remains the central player in global policy discussions and is not just an emergency response unit.
Resistance to antibiotics by bacteria has been steadily growing and is now considered as a major threat to global public health, with some catastrophic projections of millions of death and billions of dollars in economic impact. The World Trade Organization, World Health Organization and World Intellectual Property Organization today are holding a joint technical symposium on antimicrobial resistance, and how to encourage innovation, appropriate use of antibiotics, and wide access to treatments and diagnostics.
On its face, the case is a humdrum, procedural dispute about a patentee’s delay in filing an infringement suit. But if the Supreme Court rules the way most experts expect, the decision will significantly enhance the power of patent trolls and others alleging patent infringement, and it will harm many companies doing business in the US – especially companies in the tech sector. Much hangs in the balance on 1 November, when the Supreme Court hears oral arguments in SCA Hygiene Products AG v. First Quality Baby Products, LLC.
While US Democratic presidential candidate Hillary Clinton has published detailed positions on intellectual property, technology transfer and trade, Republican candidate Donald Trump has limited his comments to trade reform and alleged Chinese IP theft. The policy vacuum has left the IP community not only uncertain of Trump's intentions but unable even to find the right people to ask, one IP attorney said. [Note: story updated with a comment about IP made by Trump]