Original news and analysis on international IP policy
This week, the World Trade Organization is holding its yearly public forum with a focus on the contribution of the organisation to global trade since its inception 20 years ago. Some 90 sessions are planned, on issues such as intellectual property, global value chains, agriculture, trade for development, and the WTO dispute settlement system.
The trade negotiation between Europe and the United States relating to a wide range of trade and investment policies could lead to greater job creation and access to innovative medicines, according to senior European and American pharmaceutical business leaders and academics.
The 2030 Agenda for Sustainable Development, to be adopted this week at UN Headquarters, could fall short of its health targets unless the governments embark on “U-turn” changes to rectify the dysfunctions in global governance that undermine health, writes Daniele Dionisio.
NEW YORK – As some of the most powerful people on earth prepare to gather here later this week at the United Nations to discuss the biggest problems and opportunities facing humankind for the next 15 years, mention of a key issue underlying many themes – intellectual property – is hard to find. Also hard to find is reference to the UN agency responsible for the issue, the World Intellectual Property Organization.
Several leading public health groups have sent a letter to United States Trade Representative and US Patent and Trademark Office director asking for more transparency on the US position on a request by least-developed countries to indefinitely extend their World Trade Organization intellectual property waiver on pharmaceutical products.
The Federal Circuit will soon hear Lexmark v. Impression Products, a case about ink cartridges. Impression, a foreign buyer, refills spent Lexmark cartridges and resells them in the United States. Impression claims that Lexmark, having sold the cartridges, has exhausted its patent rights, and cannot hold Impression liable for patent infringement. The Federal Circuit will address whether the US patent is exhausted with the sale of the patented product outside the US, write Burcu Kilic and Peter Maybarduk.
In a communication today, the European Commission said it agrees to support a least developed country request at the World Trade Organization to prolong indefinitely a current exemption on the enforcement of IP on pharmaceutical products. Now the decision moves to the EU member states.
The Drugs for Neglected Diseases initiative (DNDi) is moving into new disease areas and has moved away from one, it announced this week.
France is in the firing line of the biopharmaceutical industry for allowing the use of some products for other therapeutic indications than the one for which they obtained marketing authorisation.
The negotiating process to achieve post-2015 development goals has clarified the agenda that governments ought to follow until 2030. Unfortunately, due to vague terms and the lack of unequivocal definitions, a number of relevant issues still lie in uncertainty, writes Pietro Dionisio
Civil society groups are calling on the Swiss government to refrain from putting pressure on developing countries wishing to manufacture generic medicines without the consent of the patent holder. The groups allege that the Swiss government tried to unduly influence Colombia to not take such a step, though it is permitted by international trade rules.
The Swiss government, for its part, says it participated in a public consultation in Colombia and merely underlined that negotiations between governments and original manufacturers are a better way to go than a compulsory licence.
The ability for a member of the World Trade Organization to challenge another member for deprivation of benefits even though this member has not violated any given WTO agreement does not presently apply to intellectual property.
For years, the issue has been debated in the WTO intellectual property committee, with no conclusive outcome. Last month, a group of 17 developing countries submitted a draft decision for the upcoming WTO ministerial conference in December to lastingly ban intellectual property-related non-violation complaints, stepping ahead of the next meeting of the WTO IP committee to be held in October.