Category Health & IP

Interview With The President Of Brazil’s Industrial Property Institute

Luiz Otávio Pimentel is president of the National Institute of Industrial Property (INPI) of Brazil. In Geneva this week for the annual World Intellectual Property Organization General Assemblies he took time to sit down with Intellectual Property Watch’s William New. INPI is part of the Ministry of Industry, Foreign Trade and Services. On a breaking issue, Pimentel talked about the case in Brazil involving sofosbuvir, marketed as Sovaldi, Gilead’s effective medicine against hepatitis C that has been known for its exorbitant prices.

Brazil Signs Deal With Medicines Patent Pool To Share Patent Information

Brazil yesterday signed an agreement with the Medicines Patent Pool (MPP), through which the country will share patent information with the MPP. The Brazilian IP office joins several others in an effort to regular update of the MPP's database on patent information. Separately, high-level representatives of Latin American and Iberian countries met on the side of the annual World Intellectual Property Organization General Assemblies taking place this week.

WIPO General Assemblies 2018: External Offices, Treaties, New African Collaborations

World Intellectual Property Organization members gather next week for their annual General Assemblies. Among the topics to be discussed is which countries will host new WIPO external offices in 2018-2019. Also on the agenda are the reports from various WIPO committees, with some raising the prospect of convening high-level final negotiations on international treaties next year. A number of side events and exhibitions are also scheduled, focusing on issues like health, women, and innovation.

Why Follow-On Pharmaceutical Innovations Should Be Eligible For Patent Protection

Christopher M. Holman writes: Despite the important role of intellectual property rights in incentivizing innovation, the patenting of pharmaceutical innovation is frequently accused of impeding access to medicine. Criticism of the prevailing patent regime has focused in particular on patents directed towards follow-on pharmaceutical innovation, i.e., innovation that seeks to improve upon existing pharmaceuticals and their use in treating patients. Patents on follow-on innovation are often derided as “secondary” patents, with the implication that the underlying inventions are somehow lesser in nature than the subject matter claimed in “primary” patents, i.e., the drug active ingredient per se. While implicitly acknowledging the legitimacy of primary patents, critics of so-called secondary patents contend that patents on follow-on innovation allow drug innovators to “evergreen” their products, i.e., to extend the period of patent exclusivity beyond the expiration of any original patent on the drug active ingredient, and in doing so contribute to the high cost of drugs, thereby limiting the ability of patients to access the drugs upon which they have come to rely.

WHO Releases Draft Roadmap For Access To Medicines; Comments Show Polarised Views

It is now acknowledged by most that the issue of access to medicines is not only a concern for developing and low-income countries, but a global challenge. The World Health Organization was tasked at its last annual assembly in May to draft a roadmap for access for the next five years. A preliminary draft of the roadmap was discussed last week with member states and stakeholders. The roadmap includes 10 priority activity areas, and a number of deliverables.

Negotiated Deal For UN Tuberculosis Declaration Stands

The negotiated deal over the language of the United Nations political declaration on tuberculosis, a landmark in the fight against TB, has been maintained by member states and was finalised on 14 September, marking the end of intense negotiations over language on intellectual property flexibilities in the document.

EPO Upholds Gilead Patent On Hep C Medicines, But In Amended Form

[Updated] The European Patent Office (EPO) on 13 September ruled in favour of pharmaceutical company Gilead and maintained the company's patent on hepatitis C drug sofosbuvir. The patent, however, is maintained in an amended form. Civil society involved in the case expressed dismay over the outcome and its potential effect on European drug prices.

Brazilian Supreme Court Refuses To Judge Its Biggest Case On IP And Access To Medicines, And Benefits Big Pharma With Undue Monopolies

Marcela Fogaça Vieira and Pedro Villardi write: The Brazilian Supreme Court (STF) has mysteriously cancelled the judgment of the most important case regarding intellectual property and health ever to be decided by the court. On 28 June, the date of the judgment was set for 6 September. The cancellation occurred on the eve of the judgment, something very rare in the practice of the Court. The lack of decision on the case only benefits the transnational companies awarded with hundreds of undue monopolies. Just a few days before, the President of the STF - Judge Carmem Lucia - had a meeting with Interfarma, the association of multinational pharmaceutical companies in Brazil.