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.
The third amendment of Patents Act 1970, in 2005, was a major breakthrough for Indian IP practice in patents. The current crop of judicial decisions, discussed in this note, has initiated the need to have a critical mass of judicial precedents streamlining law and rules governing patent practice in India, writes Kamakhya Srivastava.
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 European Commission yesterday announced the availability of nearly €7 billion euros (nearly US$10 billion) to boost innovation, its biggest grant ever for research and development. The move is predicted to create 174,000 jobs in the short-term and some 450,000 jobs and €80 billion in economic growth over the next 15 years.
The UN World Intellectual Property Organization yesterday invited a panel of international film producers and star Spanish actor Javier Bardem to sing the praise of an international treaty to help the audiovisual industry address the problem of unauthorised downloads of content that is a hallmark of the digital age.
As the mandate of the World Intellectual Property committee on the protection of genetic resources, traditional knowledge, and folklore is reaching its end, diplomats meeting this week seem to be coming to agreement on its extension. Meanwhile, a group of developing countries submitted proposals for each of the three legs of the committee, to be considered as delegates go through draft negotiating texts produced at the last session of the committee.
World Intellectual Property Organization member countries next week will work on draft negotiating texts on the protection of genetic resources, traditional knowledge and folklore. New recommendations by a set of developing countries are calling for a diplomatic conference in 2013, and to extend the work of the committee in charge of reaching an international instrument, as its mandate ends this year.
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.
The World Intellectual Property Organization has taken its first public steps in the climate change debate by holding a conference on the subject this week. The organisation’s expertise in intellectual property policy and technology transfer is being sought by several other actors in the field, in particular the United Nations climate change agency.
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.