Original news and analysis on international IP policy
Members of a 2008 World Trade Organization coalition are trying to rekindle a negotiation to provide the same level of protection granted to wines and spirits to other geographical indications, and to grant intellectual property protection to genetic resources and traditional knowledge. The discussion might not make it to the December WTO ministerial, but the group hopes to open a “fresh window” for discussion.
It had been a bad three months for Allergan, Inc. The drug maker’s stock price had fallen over 20 percent, as the company faced two legal challenges to the patents on its blockbuster drug, Restasis. Then, on 16 October, Allergan lost one of those challenges. A US court found the patents invalid. Allergan vowed to appeal, thus maintaining its monopoly on the drug until a final court determination, which could be over a year away. But Allergan’s monopoly could collapse far sooner, if the company were to lose the second challenge to the patents, before the USPTO. Such a loss was probable, as the agency had already found a “reasonable likelihood” that prior art invalidated the patents on Restasis. So back in September, Allergan employed an innovative legal strategy: The company gave its patents to a Native American tribe, and the tribe claimed its sovereign immunity prevented the USPTO from reviewing the patents’ validity. If this strategy were to succeed, it will do far more than just boost Allergan’s bottom line. The new strategy will increase the power of patent owners, help patent trolls, and dramatically alter the US patent system.
A newly announced partnership between the UN World Intellectual Property Organization and the international pharmaceutical industry to set up a database of medicines patents announced this month to the surprise of governments and civil society was an idea originally brought to WIPO by a group of companies in February of this year. Now they appear to be encouraging others to join in.
A US cancer group has provided a series of recommendations to the South African government on ways to improve the country’s draft national intellectual property policy, including greater transparency, voluntary licensing, and the use of compulsory licences.
The intellectual property committee of the World Trade Organization is meeting next week with several notable items on the agenda, including some reviving earlier negotiations. Among topics for discussion on intellectual property and innovation is a focus on inclusive innovation and micro, small and medium-sized enterprises. Also, India also submitted a series of questions for the European Union about goods in transit, echoing an earlier WTO dispute. And separately, some countries are holding a workshop on geographical indications and traditional knowledge.
The UN World Health Organization today announced it has established a new high-level global commission on noncommunicable diseases, to be chaired by former WHO director general candidate Sania Nishtar of Pakistan.
General assumptions saying that intellectual property protection leads to development through the promotion of innovation are not supported by academic research, a well-known professor said last week at the World Intellectual Property Organization. Only countries at a certain level of development can truly benefit from IP protection, he said.
PARIS -- La Revue Prescrire, a French journal for healthcare professionals, has chosen “Private Patents and Public Health” — a 2016 book written by Ellen ’t Hoen — as one of four winners of its 2017 Prescrire Prize Book Award. Calling it “a major reference work on access to medicines and the patent system,” Prescrire praised ’t Hoen’s book both for its extensive collection of data and examples as well as its readability. (Medicines Law & Policy contributor, Kaitlin Mara was the editor of the book).
The Medicines Patent Pool today announced a new licence with Gilead Sciences for a medicine which in combination with others would offer a once-daily, single-tablet HIV treatment.
Today WIPO Director General Francis Gurry and Thomas Cueni, Director General of the International Federation of Pharmaceutical Manufacturers and Associations (IFPMA), signed an agreement establishing the Patent Information Initiative for Medicines, or “Pat-INFORMED,” during the General Assemblies of the Member States of WIPO taking place this week. IFPMA worked with Intellectual Property Watch to prepare a Q&A with Mr Gurry and Mr Cueni about this new initiative.
Innovation is vital for the development of medicines, but innovation without proper access to them is pointless, Roberto Azevêdo, Director-General of World Trade Organization has said. Several other agency heads spoke at the same event, where World Health Organization Director General Tedros Adhanom Ghebreyesus stressed the importance of universal health coverage.
The annual World Intellectual Property Organization General Assembly opened today for 10 days during which delegates have to agree on budget, and on several decisions which might lead to more normative activities on the part of the organisation, although impatience is not equally shared depending on subjects. Separately, the United States submitted a new proposal on the budget, and the European Union tabled a proposal on a new mandate for the WIPO genetic resources and traditional knowledge committee.