Original news and analysis on international IP policy
The World Intellectual Property Organization patent law committee is a unique international forum where discussions about the patent system are held. The committee meeting this week is a display of different views of developed and developing countries on how the patent system is expected to meet their needs.
The US Supreme Court on Monday declined to hear a case over whether companies that make copycat versions of biologic drugs must wait six months after winning federal approval before bringing them to the market.
From extracurricular creativity to global campaigns, Universities Allied for Essential Medicines (UAEM) continues in its activities to raise awareness and explore how universities can best direct their research and innovations towards promoting global access to medicines. In the next year, UAEM will extend its national and international campaigns to address the high prices of medicines, continue to gather support for a global agreement on research and development and build on the mapping alternative R&D initiatives.
The discussion on intellectual property-related barriers to access to medicines was one of the most contentious points of the 39th meeting of the UNAIDS governing board last week. After hours of negotiations, the board agreed that the organisation will keep working on the issue. But developing countries and civil society would have preferred a stronger mandate, according to representatives.
A new study by the United Nations Conference on Trade and Development (UNCTAD) finds that geographical indications could open the way to lucrative export markets for least-developed countries. The study calls for UN agencies to support those countries in their effort to develop GIs and diversify their exports, but warns about the need for capacity building and financial help, and raises biodiversity concerns of GI intensification.
The first edition of the renewed Internet Governance Forum (IGF) last week tried its all not to become just another internet governance conference, with new formats and the taking on of one big topic that so far had evaded the “multi-stakeholder” approach: trade negotiations. But it also angered some by making its big dinner an invitation-only event, for governments and friends.
A meeting of the Board of the Joint United Nations Programme on HIV/AIDS (UNAIDS) has concluded with a set of decisions (attached) showing that the Board went farther than just noting the UNAIDS secretariat report on intellectual property-related barriers preventing access to medicines. And the Board, after lengthy discussions, also called on UNAIDS to facilitate discussions on the high-profile report of the United Nations Secretary-General’s High-Level Panel for Access to Medicines.
Imagine your company just acquired its competitor for $100 million. Now imagine the company’s most important asset – its proprietary software – is subject to third-party license conditions that require the proprietary software to be distributed free of charge or in source code form. Or, imagine these license conditions are discovered late in the diligence process, and the cost to replace the offending third-party software will costs tens of thousands of dollars and take months to remediate. Both scenarios exemplify the acute, distinct and often overlooked risks inherent to the commercial use of open source software. An effective tech M&A attorney must appreciate these risks and be prepared to take the steps necessary to mitigate or eliminate them.
In a first-impression case with implications for international trade, the United States Supreme Court is set to decide whether the US supplier of a single non-infringing article used in an infringing product abroad can be held liable for worldwide damages under US patent law. The case hinges on the meaning of “substantial” and whether US law can extend beyond its borders.
The annual “Intellectual Property Statistics for Decision Makers Conference” took place in Sydney, Australia on 15-16 November. After Vienna last year, the Organisation for Economic Co-operation and Development (OECD) as the key initiator organised the landmark forum this time with the Australian Government through its national intellectual property office, IP Australia. In this environment where the Australian economy could recently mark its 25 years of continuous growth and where the government just launched a new “National Innovation and Science Agenda” in the form of a new tax reform package, we could follow panel discussions and speeches about how empirical evidence can be gained for innovation.
Veteran public health advocate Els Torreele of Belgium has been named the new executive director of the high-profile Médecins Sans Frontières (MSF, Doctors Without Borders) Access Campaign, based in Geneva.
The Board of the Joint United Nations Programme on HIV/AIDS (UNAIDS) this week is considering a report calling for the 11 cosponsor agencies of the programme to follow the recommendations of the UN Secretary General’s High-Level Panel on Access to Medicines to improve policy coherence, and to produce reports on the use of intellectual property at country and regional levels, including the use of flexibilities.