Original news and analysis on international IP policy
The United Nations Human Rights Council today (6 March) is expected to hear a report on government surveillance to be presented by the UN special rapporteur on the right to privacy. The report calls for the urgent development of a comprehensive legal framework on privacy and surveillance in cyberspace.
The EU Commissioner for Justice, Consumers and Gender Equality, Věra Jourová, ahead of her US visit announced “a tough tone” on remaining gaps in the implementation of the privacy shield, the arrangement that allows to transfers of data of EU citizens to the United States. Speaking before the EU Parliament's Committee on Civil Liberties (LIBE), Jourová said while she had heard the privacy shield was not a priority of the US administration, “it will be a priority, if we make clear that we will suspend the system if it doesn't work,” adding, “My patience is coming to an end.”
Intellectual property rights, particularly patents, are considered by some as being a barrier in access to medicines despite being a stimulus for innovation. At a recent symposium co-organised by the World Health Organization, World Trade Organization and World Intellectual Property Organization, speakers also talked about the role of science, governments, and universities in health innovation and access, and how to address challenges such as secondary patents.
The ongoing NAFTA renegotiation presents a prime opportunity to move the ball on protecting and promoting general public interest copyright exceptions. All three countries have such exceptions to varying degree. And all three are under threat from an agenda to cabin their use through international law. NAFTA negotiators can and should include the best models from prior international agreements that protect and promote the ability of countries to have general exceptions, writes Professor Sean Flynn.
The World Health Organisation's Special Programme for Research and Training in Tropical Diseases (TDR) has published the first report on research fairness under a new initiative. The report includes an analysis of how TDR manages intellectual property rights in a positive way.
The price of hepatitis C medicine marked a turning point in the discussion on access to medicines, with developed countries suddenly confronted to prices they could not afford. This week, a symposium jointly organised by the World Health Organization, the World Trade Organization, and the World Intellectual Property Organization explored the question of the pricing of medicines. A number of suggestions were made to alleviate the issue, such as ensuring wide use of generic medicines, encouraging competition, and alerting countries about the cost of medicine production so they negotiate better with pharmaceutical companies.
Despite the widespread view that the flexibilities included in international trade rules are not often used, a new study found that countries make extensive use of those flexibilities.
A relatively new topic of discussion at the World Trade Organization committee on intellectual property is the relationship between intellectual property and the public interest. This week, WTO delegates discussed the application and benefits of a regulatory exception to IP rights allowing earlier entry of generics to the market, known as the Bolar exception. The committee also heard about a request from least-developed countries (LDCs) to improve technology transfer measures that developed countries have the obligation to provide under WTO rules.
How to encourage health innovations and make sure that new medicines, vaccines, or diagnostics will reach every person who needs them? That is a question which has been hotly debated in different fora. Yesterday, the World Trade Organization, UN World Health Organization, and UN World Intellectual Property Organization jointly held a symposium on how innovative technologies can promote the United Nations Sustainable Development Goals. The WHO director general called on his colleagues to support policies facilitating access to health technologies.
Some products are too cheap, generic drug companies do not invest in them because they do not make enough money out of them. Others seem astronomically expensive, and are said to include the costs of all research, successes and failures alike. Panellists at a recent Swiss-organised expert event in Bern concurred that something must done about pricing, and explored some surprising ways to do it.