Original news and analysis on international IP policy
NEW YORK -- The 11th edition of the Global Innovation Index 2018 (GII), co-published by Cornell University, INSEAD, and the World Intellectual Property Organization, was released yesterday at a launch event in New York. This year's report showed Switzerland still at the top overall, China continuing to rise, the United States slipping, and explored how countries can vary on inputs and outputs of innovation.
A recent study has revisited the meaning of “public domain” in line with its usage in discussions on protection of traditional knowledge (TK). The study highlights that it provides a non-Eurocentric conception of “public domain” in order to recognise the customary laws and practices of indigenous and local communities (ILCs).
Amongst the many issues faced by developing countries to ensure access to medicines, cost is a primary one. Proposals to tackle it include limiting the price and regulating competitive conditions. Monopolies created by patents are seen by many as an impediment to accessing basic healthcare. Meanwhile, countries have realised that imposing stringent criteria for granting patents and taking a long duration to process them could be detrimental to them as much as resisting the regime.
The World Intellectual Property Organization has published a guide to access and benefit-sharing agreements for use of genetic resources.
An open letter sent by 242 organisations and individuals to key United Nations and World Health Organization representatives on 4 July demanded that high prices limiting access to medicines and effective treatment be addressed at the upcoming UN High-Level Meeting on Non-Communicable Diseases.
The European Parliament today opposed plans to launch immediate “trilogue” negotiations with the Council and European Commission on copyright reform legislation, instead sending the controversial measure to full debate at the next plenary session of Parliament.
Starting 1 September, Andrew Sullivan takes on the role as CEO and President of the Internet Society. Selected by the ISOC Board of Trustees, Sullivan looks like an apt bridge builder between the world of internet technology and the world of policymakers. Equipped with experience in developing technology at Dyn, a DNS company recently acquired by Oracle, and a tenure as Chair of the Internet Architecture Board, a peer body of the standards body Internet Engineering Task Force, Sullivan has a degree in philosophy and is no stranger to public sphere theorist Juergen Habermas. After the heavy attack on Dyns DNS network, via low-cost cameras – the so-called Mirai attack – the Canadian warned against knee-jerk attempts for regulation, but acknowledged that technological solutions might need some assistance from policymakers. Answering questions with journalist Monika Ermert in writing from the meeting of the ISOC Board of Trustees in Panama, Sullivan diplomatically underlined that collaboration is key for everything on the internet. In his new position, Sullivan follows Kathy Brown, a former AT&T manager.
The European Parliament votes tomorrow on whether to allow negotiations with the Council to begin on controversial copyright reform legislation. The proposed updated rules have sparked intense lobbying by supporters and foes alike, including, one lawmaker said at a press briefing today, death threats.
Frederick Abbott writes: Competition law is a critical tool in seeking to maintain some semblance of reasonable pricing in the pharmaceutical market. It is particularly important as legislators around the world appear extremely hesitant to address pharmaceutical pricing in meaningful ways, regrettably influenced by well-funded lobbying.
Two recent competition law decisions discussed below illustrate the importance of and challenges to regulating the pharmaceutical sector. In the first, the UK Competition Appeal Tribunal (CAT) partially upheld and partially reversed and remanded (pending briefing) a decision by the Competition and Markets Authority (CMA) fining Pfizer and Flynn close to £90 million for abuse of dominant position in the excessive pricing of an anti-epilepsy drug. The CAT decision is problematic because it creates unnecessary and unwarranted hurdles to findings of excessive pricing in the UK. In the second decision, the US Federal Trade Commission succeeds in proving that AbbVie engaged in abuse of monopoly power by engaging in sham patent litigation against two generic producers in order to delay market entry of competitive products. The Federal District Court found that AbbVie’s patent lawyers by “clear and convincing” evidence had knowingly pursued patent infringement claims without chance of success for no other purpose than to delay market entry.
Some 145 organisations have signed an open letter urging European Parliament to vote against the Legal Affairs (JURI) Committee mandate to negotiate on copyright reform. The European Parliament will meet on 5 July for a plenary vote on whether or not to endorse the mandate.