Original news and analysis on international IP policy
In a long-awaited decision, a United States federal appeals court has decided that US companies can patent breast cancer genes, reversing a previous ruling. The decision was not unanimous, with one of the three judges dissenting. But despite the attention the case has received, the ruling may have little impact on the biotechnology industry, according to analysts.
India and the European Union announced a written agreement yesterday that puts more conditions on EU customs authorities before they can stop shipments of generic pharmaceuticals passing through Europe. No longer is the existence of an EU patent on passing generics sufficient cause to stop shipments. The agreement suspends a World Trade Organization dispute started by India last year.
Gilead's recently announced ARV licenses to the Medicines Patent Pool, although positive in some respects, still unreasonably limit the geographical access of key middle-income countries and restrict the sourcing of APIs and products to Indian companies, meaning that both generics companies and excluded countries will need to make strategic decisions to bypass the defects in the licenses, writes Brook Baker.
The Anti-Counterfeiting Trade Agreement (ACTA) under negotiation by a group of countries including those in the European Union is more ambitious than current EU law and risks problems for access to medicines, concluded a recent study commissioned by the European Parliament Committee on International Trade. But the study stops short of calling for a flat rejection of the agreement.
In the face of a severe food shortage, Kenya's Cabinet has approved imports of genetically modified maize, though it has drawn the line on use of GM maize as seeds, a regional newspaper reports.
Chief Judge Paul R. Michel (Ret.), of the U.S. Court of Appeals for the Federal Circuit, saw hundreds of patent cases during his distinguished career and has a unique position from which to view and offer advice on efforts in the US Senate and House of Representatives to agree on changes to domestic patent law. Intellectual Property Watch recently had the opportunity to interview Judge Michel on prospects for substantive patent reform in the US, the effect on future cases involving domestic and foreign patents, likely constitutional challenges, and the "non-problem" of non-practicing entities.
Global public health experts in charge of exploring ways to finance R&D on diseases endemic in developing countries last week provided a preliminary summary of assessments on proposals provided by various stakeholders. They also made recommendations to establish global mechanisms, including a binding global instrument for R&D and innovation for health.
The World Health Organization will be entering a new phase of its global action plan for influenza vaccines, a WHO representative told reporters today. The goals of the first phase of the programme should be furthered but with more attention given to the local health and policy environment, WHO said.
El Medicines Patent Pool y la compañía farmacéutica Gilead Sciences ha anunciado hoy un acuerdo de licencia para permitir la producción medicamentos clave para el combate contra el VIH a un menor costo y en una formulación más fácil de usar, haciéndolos más accesibles a los países en desarrollo.. El acuerdo se extiende al uso de tratamientos para la hepatitis B por primera vez.
Civil society groups say a leaked document from regional free trade negotiations between countries bordering the Pacific Ocean shows the United States favouring giant pharmaceutical companies at the expense of public health. Separately, the tobacco industry is allegedly also trying to push for a clause to prevent plain packaging.
The Medicines Patent Pool and pharmaceutical company Gilead Sciences today announced a breakthrough licence agreement to allow for the production of key HIV medicines at lower cost and in an easier-to-use formulation, making them more accessible to developing countries. The agreement also opens up the use of treatments for Hepatitis B for the first time.
Concern over non-communicable diseases - traditionally a more developed-country set of problems like diabetes - is energising the international public health policy community. But representatives of the public interest are still grappling with their response.