Original news and analysis on international IP policy
The Harare Protocol on Patents, Industrial Designs and Utility Models has been amended. The amendments were adopted by the 40th Session of the African Regional Intellectual Property Organization (ARIPO) Administrative Council, and came into operational effect from 1 January 2017.
Hundreds of thousands of people visited articles on Intellectual Property Watch last year, and we published nearly 1,000 original articles. The year’s most-visited articles reflected a mix of new ideas and policies worldwide and some recurring issues, with especially heavy attention on stories involving India.
Biotherapeutic medicines are made out of living organisms and cannot be replicated. No generic medicines, which are exact copies of the reference product, can be made. The generic equivalent of a biotherapeutic would be biosimilars, which are highly similar products. The United States Food and Drug Administration has issued a guide to help producers to prove how close their biosimilars are to the biotherapeutics.
One of the key questions around the impact of patents on health and innovation is what is the appropriate level of protection for companies innovating, says Dr. Marie-Paul Kieny, assistant director-general, Health Systems and Innovation, at the World Health Organization.
As a new year dawns, a lot of movement has been observed in the pharmaceutical industry with new key players taking the lead. Meanwhile, new delegates are covering IP issues in Geneva, and coordination of regional groups at the World Intellectual Property Organization makes its usual yearly shift for 2017. The copyright industry also saw major changes, and law offices have been busy hiring new partners.
The United States Trade Representative’s office today released its annual “notorious markets” for intellectual property-infringing goods, with a list of 21 online and 12 physical markets worldwide. Many of the online sites are based across Europe, including several in Switzerland, but also in Russia and China as in the past. A big feature is China's Taobao, and new methods like stream ripping.
Few were surprised when, earlier this month, the US Supreme Court agreed to hear the appeal in Impression Products, Inc. v. Lexmark International. The case presents two important patent law issues, and the lower court’s ruling on these issues conflicts with Supreme Court precedents, according to many experts.
Not all parts of the European Union-Singapore trade agreement "fall within the EU’s exclusive competence and therefore the agreement cannot be concluded without the participation of all of the Member States." This is the result of an opinion of the European Court of Justice Advocate General Eleanor Sharpston published today.
A major shift is underway in Washington that is expected to have ramifications for global trade, innovation, and intellectual property enforcement, as Donald Trump steps into the United States presidency. IP-Watch caught up with Rob Atkinson, president of the Information Technology & Innovation Foundation to get his view on what's to come. Among the predictions: the Washington Consensus on trade gets turned on its head, enforcement will rise including at multilateral level, the US will have many new ideas but iPhones will not be made in the US, and a much-needed "reset" of the US policy on China will bring greater mutual respect - if done right.
Blockchain platforms could help solve some copyright ownership issues for content sharing. But whether the technology lives up to its promise remains to be seen.
The United Nations General Assembly this month is considering a resolution committing to elevate health issues to the highest levels of foreign policy. The resolution includes references and commitments related to dozens of existing instruments and tools aimed at improving health, including a full range of those on access to medicines, such as patent flexibilities under trade rules, and the recent report of the UN Secretary-General’s High-Level Panel on access to medicines and innovation.
After licensing negotiations between German university libraries and Elsevier failed at the beginning of the month, over 60 university libraries in Germany are preparing to be cut off from hundreds of journals of the British-Dutch publisher, after a standoff over pricing and access.