Original news and analysis on international IP policy
The UN World Intellectual Property Organization's 7 million Swiss franc sale early this year of a building providing revenue to the Madrid Union on trademarks is being looked at more carefully this week after being flagged by the WIPO external auditor. Meanwhile, WIPO members are considering a recommendation to raise fees on international trademark registration for the first time in 20 years.
Historically, the US has been the primary demandeur of maximalist IP norms in FTAs. Pharmaceutical IP is market-driven, and this is no different for biologic drugs, which dominate the list of bestselling drugs worldwide, making them important economic commodities. Developing country governments must take note of the US pushing for biologics exclusivity through NAFTA as this signifies an effort to change norms worldwide.
The World Intellectual Property Organization Program and Budget Committee (PBC), a key member-state body at the UN agency, today opened a week of work on a range of issues. Opening the meeting, WIPO Director General Francis Gurry highlighted the positive financial status of the organisation but cautioned that external factors could make it risky to continue its heavy dependence on the popular Patent Cooperation Treaty.
Today, the UN Human Rights Council begins its 39th Session (HRC 39) in Geneva – over the next three weeks the UN’s top human rights body will come together to discuss and act on some of the world’s most pressing human rights violations and abuses, writes civil society group Article 19. There is a lot on the HRC’s agenda for September, with a number of issues important to the right to freedom of expression to be considered, and it is essential that the Council acts on improving protections. In addition to important reports from OHCHR and from special procedures up for discussion, several thematic and country-specific resolutions will also be negotiated, to be considered for adoption on 20 and 21 September.
The World Intellectual Property Organization Program and Budget Committee, one of the main governing bodies of the organisation, will meet next week to finalize a range of issues on the functioning and work of the UN agency for the year. If WIPO has an insolently good financial status for a United Nations organisation, auditors still made a number of recommendations including on the trademark system managed by WIPO, the rental of space to third parties, the recording of works of art in the building, and late travel authorisations.
Prof. Joseph Henry Vogel writes: Is information something or is it about something? That is essentially the question before the Fourteenth Conference of the Parties (COP) to the 1993 United Nations Convention on Biological Diversity (CBD), which meets from 19-27 November 2018. And it is a “$64 billion question”. The answer could determine the modality for “access to genetic resources” and “the fair and equitable sharing of benefits” (ABS), which is the third objective of the CBD. If the information conveyed in life is something, then the obligation of benefits could be orders of magnitude greater than if that same information is only about something. Re-phrasing the question: Are Users of genetic resources accessing information? Or are they accessing matter, the properties about which are diffused over organisms and jurisdictions? Information-as-the-answer leads to an economic rationale for tens of billions of dollars in payments per year. Properties-as-the-answer justifies the “peanuts” currently being paid.
A new study by researchers at the Program On Regulation, Therapeutics, And Law (PORTAL) at Harvard Medical School and Brigham & Women’s Hospital reveals that generic drug companies have been successful about 50% of the time when challenging patents covering FDA-approved pharmaceutical products via a new, administrative review procedure of patent validity created by Congress called “inter partes review.”
Thousands of students have urged a major research university in the United States to drop a patent claim in India related to an important cancer medicine, with the aim of making affordable versions available.
A newly agreed draft text of the United Nations political declaration on tuberculosis was released to governments today, affirming the use of flexibilities in international trade rules on intellectual property, but excluding actionable language on those rules.
Last week, Chilean Health Minister Emilio Santelices, appointed by President Piñera - who took office this year - rejected an attempt from company Gilead and a Big Pharma-related association of international drug makers in Chile to put down the resolution 399/2018 declaring public health justifications for the issuing of compulsory licences for sofosbuvir to treat a hepatitis C epidemic in Chile, that was issued by the previous government of Michele Bachelet, writes Luis Villarroel.