Category Innovation/ R&D

Speakers At WIPO Diverge On Patents-Access Relationship; Biologics A Challenge For Generics

A seminar on patents and availability of medicines in developing countries yesterday considered whether patents constitute a barrier to access. For the private sector, patents are essential to the innovation system, for others they maintain high prices and should be licensed for easier access. Beyond patents, biologics seem to be taking over the pharmaceutical industry, and the complexity of manufacturing biosimilars might well leave traditional generic manufacturers by the wayside.

Separately, a side event at WIPO looked at IP management strategies in private-public partnerships in agriculture and health technologies.

Impact Of The TPP On The Pharma Industry

The final text of the Trans-Pacific Partnership confirms beyond doubt the apprehensions expressed by civil society, academia and the generic industry about new barriers to access to medicines. The TPP has done away with several flexibilities provided under the TRIPS Agreement and the Doha Declaration on Public Health. Though the text mentions “nothing in this [IPR] Chapter limits a Party’s rights and obligations under Article 31 of the TRIPS Agreement,” the TPP Investment Chapter overrides these flexibilities, says D G Shah.

Flexibility In The TPP Statutory Damages Provision

Jonathan Band writes: During the negotiation of the Trans-Pacific Partnership Agreement, many concerns were voiced about how TPP would mandate adoption of US-style statutory damages. Under the US Copyright Act, a court can award damages of up to $30,000 per work infringed, which can be ratcheted up to $150,000 per work infringed in cases of willful infringement. Scholars have found that statutory damages in the US have discouraged investment in innovative technologies while incentivizing the emergence of copyright trolls. So how bad is the statutory damages provision in the final TPP agreement?

At WIPO, Former South Africa Judge Calls For Balance In IP Rights Enforcement

Alongside this week's meeting of the World Intellectual Property Organization committee on enforcement, an event featured a former South African Supreme Court judge presenting his views on IP enforcement. There is a need to go for the “big fish,” he said, and to bring balance in sanctions and enforcement procedures. He also described courts as finding that exceptions to copyright are a public right.

TPP Article 14.17 & Free Software: No Harm, No Foul

[Software Freedom Law Center, Link (CC-BY-SA)] The first official public release of the text of the Trans-Pacific Partnership Trade Agreement (known universally as the TPP) on November 5, 2015 generated much heated speculation. The ideal of “open agreements, openly arrived at” remains regrettably unattainable in international affairs. “Fast track” trade negotiating authority in the US means that parties excluded from the negotiating process have a short time in which to mobilize for or against the treaty as a whole in light of their specific concerns. The premium on speed of response to a very lengthy and complex legal document—and the presence of intense public attention—guarantees that hasty judgment and occasional self-promotion will always outrun professional analysis; this is one of the inherent defects of secret legislation.

A User-Focused Commentary On The TPP ISP Safe Harbors

Annemarie Bridy writes: Section J of the Trans-Pacific Partnership’s IP chapter, on ISP safe harbors, looks a lot like Section 512 of the DMCA [US Digital Millennium Copyright Act], but the two frameworks differ in some important respects that could negatively impact the global environment for user speech online. This post offers a comparison of Section J and Section 512 with a focus on the rights of users and the status of user expression in the TPP’s intermediary safe harbor provisions.

Is The Internet Of Things (IoT) Really New Or Simply Recycled?

There is a lot of hype around the Internet of Things (IoT) yet many, if not most, are confused by what IoT really is and what it means for their IP and their business. In fact, some people claim that the IoT is simply a matter of applying existing technology to new applications. Many companies new to the IoT market may have strong and expansive portfolio positions for assertion. This makes it difficult at best to discern whether or not IoT inventions are really new or just recycled technology. If you are a new player in the IoT market, you most likely will be filing patent applications for new innovations; however, since IoT is being built on established technology, you need to be aware that there are hundreds of technology companies that may already own the seminal foundation patents.

Nigeria Prepares To Revamp Its Copyright System For The Digital Age

Draft rules updating Nigeria's copyright law regime are expected to be submitted to Parliament in 2016, Nigerian Copyright Commission (NCC) Regulatory Department Head Michael Akpan has said. While the provisions have already been thoroughly vetted by stakeholders during consultations, several are likely to be challenged, he told Intellectual Property Watch. [Updated]