Original news and analysis on international IP policy
The United States Supreme Court recently heard oral arguments in the case opposing a US farmer to agro-industry giant Monsanto on the issue of patent exhaustion in patented seeds. Lead lawyers in the case and others offered comments on the heels of the hearing, while the Supreme Court Justices are considering the arguments and are expected to reach a decision sometime this spring.
Johannesburg, South Africa - Africa is still held captive by colonial borders and has failed to collectively leverage benefit-sharing agreements that result from multinationals’commercial pursuit of indigenous knowledge, said speakers at the Africa IP conference this week.
The role of intellectual property in a wide range of public health challenges - access to medicines, vaccine prices, procurement strategies, and research for diseases of the poor - is a focal point in 2013 cutting across national, regional, and international policymaking.
The United Kingdom government has announced a change to the UK Patents Act that it says will help keep the country’s life sciences industry at the forefront of innovation by removing certain risks of drug development companies infringing patents.
New research shows that more rigid laws regulating hazardous chemicals encourage innovation in both large and small companies, according to a report published by the Center for International Environmental Law (CIEL).
The biotechnology industry has growing concerns over decisions to be taken this year by the United States Supreme Court in two cases involving the patenting of human genes and the exhaustion of patent rights in the context of easily reproducible products. Several areas of biotechnology could be affected by unfavourable decisions, provoking legal uncertainty and discouraging innovation, industry representatives said in a recent telephone conference. In the meantime, civil society stands fast in opposition.
The International Treaty on Plant Genetic Resources for Food and Agriculture published a report providing financial and technical information on the first project portfolio of its Benefit-sharing Fund.
Prof. Owen Dean writes: It is a fact of life that attempts have been made in certain other countries to usurp control of the term or mark ROOIBOS, despite the fact that it is a well-known South African description for a particular plant which gives rise to ROOIBOS tea. The term ROOIBOS is as typically South African as “braaivleis” and “biltong”. It is really part of our South African heritage. The South African authorities have nonetheless taken no concrete or effective steps to protect and control the use of this term in South Africa or elsewhere.
Alongside the World Intellectual Property Organization meeting on protection of genetic resources last week, the International Federation of Pharmaceutical Manufacturers & Associations (IFPMA) organised a side event on natural product research.
At the World Intellectual Property Organization meeting on protection of genetic resources last week, the secretariat of the UN Convention on Biological Diversity (CBD) organised a side event to introduce the key features and recent developments of the international protocol on access and benefit-sharing of such resources.
The coming year promises to be very interesting at the intersection of intellectual property with biotechnology and biodiversity. Patentability of human genes in the United States, of conventionally bred plants in Europe, plant breeders' rights and the management of regulatory authorisations when patents on genetic traits expire, the future of genetically modified organisms in developing countries, and the usual resistance they are meeting from civil society and famers' groups are some of the issues that will continue to feed debates – and potentially create opportunities - in 2013.
At the end of a weeklong drafting exercise, World Intellectual Property Organization delegates have produced a text on the protection of genetic resources that appears to be headed to the organisation's annual General Assembly next September. And some members hope that a high-level meeting will be convened in the course of 2014 to agree on an international instrument or instruments protecting genetic resources against misappropriation.