Original news and analysis on international IP policy
The World Health Organization Executive Board today is being asked to approve a draft chair's summary of this week's Board discussions on the path to sweeping reform of the UN agency. But the document is unusual, according to some observers, in that it addresses major changes without being considered a negotiation or decision. [Update: this draft was approved by the Board with only the change of deadline for comments to 17 February.]
Online piracy, patent reform and intellectual property issues relating to pharmaceuticals are among the top legislative and regulatory priorities for many stakeholder groups in the United States this year, but given that 2012 is an election year, chances are slim that Congress will push through anything that isn’t a top priority or that could cause too much partisan rancour.
A recent book analyses the role of intellectual property protection in providing incentives for innovation and its impact on access to medicines by retracing the origins, content and interpretations of the World Trade Organization agreement on IP rights and trade. It concludes that the debate needs to be recast in order for all sides to benefit going forward.
The UN World Health Organization Executive Board opened its annual January meeting today with a substantive agenda of reform, election, and a variety of issues that touch on intellectual property rights, research and development and innovation. And with the organization in reform and funding straits in a rapidly changing world, the director general stressed the agency’s steadfast approach and role in addressing the increasing global inequality between rich and poor.
In a move public health advocates say is likely to bring negative consequences for low-income patients with HIV and AIDS, as well as negative publicity for the company, Johnson & Johnson recently announced that it would not enter into negotiations with the Medicines Patent Pool for voluntary licences that would allow several of key treatments to be made in more affordable generic form in developing countries.
The most-read Intellectual Property Watch stories of 2011 demonstrated the versatility and range of our readers from around the globe, from an intense focus on international and national copyright issues to bilateral and plurilateral free trade agreements, to issues in India and Brazil, patent laws, patents in agriculture, scientific knowledge, and of course, policies emerging in Geneva at the World Intellectual Property Organization, World Trade Organization, World Health Organization and elsewhere at the multilateral level. Most of all, they tell the story of the year gone by, with clear signals of what's to come in 2012.
Despite the low-key role of intellectual property rights issues at this week’s World Trade Organization ministerial, there is plenty to think about for the IP community.
A World Health Organization expert group has narrowed proposals under consideration for ways to finance research and development for diseases predominately affecting poor populations. Among the remaining recommendations is that WHO members launch negotiations for a binding treaty.
The non-violation nullification of benefits is a clause that could be used if a WTO member deems that another member’s actions caused an unexpected loss of benefits, even if there is no violation of a WTO agreement. Developing countries are wary of this provision and the moratorium on its use under TRIPS is up for debate and probable renewal at the WTO Ministerial Conference in Geneva this week, writes Daniele Dionisio.
The World Intellectual Property Organization patent law committee ended its meeting this week with status quo on all issues, after lively deliberations and new proposals but with all discussions left for further debate in 2012.
The World Intellectual Property Organization patent law committee this week is discussing a range of issues with a UN-style sensitivity to all levels of development and patent ownership. Issues on the agenda range from patent quality, public health, exceptions and limitations, client-attorney confidentiality, and technology transfer.
The first and only amendment to the 1994 World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) was agreed with much aplomb at the Hong Kong ministerial in 2005. But getting countries to ratify the amendment has proven more difficult.