Original news and analysis on international IP policy
A negotiator and fundraiser with extensive experience with the pharmaceutical industry. Those are some of the qualities the next Medicines Patent Pool executive director might have, according to a just-posted job announcement.
What IP-Watch stories were readers reading most in 2017, and what does it say about the state of global intellectual property policy? In this article, we look at the most-trafficked stories of last year, and make a few assumptions. Asia, Europe, trade, health. These were the top targets of interest to readers among our offerings. Interestingly, despite all the sound and fury in Washington, our coverage there was not at the top of the list. Even more interestingly, neither was our extensive and world-leading coverage of the World Intellectual Property Organization.
CAPE TOWN, South Africa – “If you want to create a knowledge-based economy and be part of it, be players not observers. There isn’t a stronger backbone than having an understanding of what IP is.” This statement was made by Mmboneni Muofhe, Department of Science and Technology (DST) deputy director general for technology and innovation, at the ninth Intellectual Property Summer School held at the University of the Western Cape (UWC) in December. The meeting brought together students, lawyers, scientists and different professionals drawn from Africa and other parts of the developing world for a ten-day intensive programme in intellectual property.
The desire of countries to hop on the train of artificial intelligence and get a piece of the pie might be contrary to democracy, according to a speaker at this week’s Internet Governance Forum. Even though artificial intelligence has the potential to improve lives around the globe, the challenges that come with it are complex and difficult to address, said the speakers.
The mysterious death last week of Canadian billionaire Barry Sherman and his wife has raised many questions. For some, one question is what impact it will have on pharmaceutical competition in Canada, as his giant generic medicines company Apotex was seen as making a mark in access to medicines. It was also recalled that the company is the only one to have used an obscure provision of a World Trade Organization intellectual property agreement aimed at making more affordable medicines available in least developed countries.
The mood was conciliatory this week at the World Intellectual Property Organization patent law committee as delegates mainly shared experiences and heard presentations. The five topics composing the work of the committee, which had been carefully negotiated in the summer and reflecting a “delicate balance” of interest between countries, will be pursued at the next session. Among them are the topics of patents and health, technology transfer, and the quality of patents.
After two decades of intellectual property regimes in trade agreements, one could have some second thoughts, according to a number of panellists at the Trade and Sustainable Development Symposium, organised by the International Centre for Trade and Sustainable Development (ICTSD) and held alongside the 11th World Trade Organization Ministerial in Buenos Aires, Argentina this week.
Since the U.S. Court of Appeals for the Federal Circuit issued its opinion in Arendi S.A.R.L. v. Apple Inc. last August,[1] many patent commentators have asserted that the decision marked a significant change in the analysis of obviousness under 35 U.S.C. § 103, especially as a weakening of single-reference obviousness grounds. Notwithstanding this decision, petitioners and the Patent Trial and Appeal Board have continued to rely on single-reference obviousness to assert and find that claims are obvious, write Amy Simpson and Kyle Canavera.
World Intellectual Property Organization patent law committee delegates heard a number of presentations this week on the relationship between patents and health, and access to medicines. The importance of patent information and accurate, up-to-date databases was underlined, particularly for procurement. The weight of intellectual property rights on the issue of access to medicines and prices and generic market entry was pointed out, but so were other factors, such as the small percentage of new drugs with added benefit, tariffs, and trade delays.
A report released today on global funding of research and development for neglected diseases found that global funding has increased but warns that overreliance on funding from the United States, which the report says is "unparalleled," and leads to a heavy concentration of global funding on HIV/AIDS, malaria and tuberculosis. This overreliance could also lead to change in total global funding, the report found.
Patents are often involved in public health policy discussions, and are considered by some as playing a major role in the escalating prices of new medicines, creating access issues. The World Intellectual Property Organization committee on patent law this week is discussing the issue and is holding information sessions by the Medicines Patent Pool, World Health Organization, and the World Trade Organization.
The Medicines Patent Pool (MPP) announced today that MedsPaL, its database of information on the patent and licensing status of selected HIV, hepatitis C, and tuberculosis medicines, now extends to patented treatments on the World Health Organization Model List of Essential Medicines. New patents data include medicines for leukaemia, breast cancer and other cancer indications.