Original news and analysis on international IP policy
In a letter to its members, the Staff Union of the European Patent Office (SUEPO) in The Hague, Netherlands has welcomed the election of Antonio Campinos as new President of the EPO a week ago, expressed hope for a change in EPO management-workforce relations and has some recommendations for next steps.
The escalating prices of medicines has become a growing global concern. Among many issues, intellectual property has been pointed to as providing monopolies that allow for unaffordable prices, in particular in developing countries. Though there is consensus among countries that IP is but one of the issues, the extent of the IP influence is not agreed. The use of compulsory licences as a way for developing countries to grant access to medicines to their populations was discussed during the World Trade Organization committee on intellectual property last week, with divergent opinions.
World Trade Organization committee members this week were asked to recommend to the upcoming ministerial conference whether to lift or indefinitely prolong a moratorium shielding intellectual property from complaints between members not involving a breach of a WTO agreement. Short of a consensus, the intellectual property committee will have to reconvene next month to try to find agreement. Separately, a two-year extension was granted to countries not yet having ratified the public health amendment to WTO IP rules.
Among all the high-profile issues on the stage and the countless side meetings and cultural celebrations happening at the annual World Intellectual Property Organization annual Assemblies, there were some interesting facts and figures presented about the UN agency itself.
The importance of intellectual property protection for micro, small and medium-sized enterprises and the challenges they might encounter to ensure that protection was the focus of an event organised this week by a group of developed and middle-income countries at the World Trade Organization. According to the group, the event aimed at drawing connections between IP policies that are under discussion in the WTO IP committee.
BERLIN -- With antimicrobial resistance (AMR) on the rise worldwide there is no time to lose for developing new antibiotic drugs, experts said during one of the last panels of this year’s World Health Summit in Berlin Tuesday. As in several other rounds during the three-day event, industry representatives underlined that there is an issue with the business model due to high risk and low return of investment for research in this area.
Members of a 2008 World Trade Organization coalition are trying to rekindle a negotiation to provide the same level of protection granted to wines and spirits to other geographical indications, and to grant intellectual property protection to genetic resources and traditional knowledge. The discussion might not make it to the December WTO ministerial, but the group hopes to open a “fresh window” for discussion.
A technology association-backed report released this week shows strong growth in revenues for the music industry over the past 5 to 10 years, driven by digital music. The data counters the current European copyright reform concern over a "value gap" for the music industry, the Computer & Communications Industry Association (CCIA) said.
It had been a bad three months for Allergan, Inc. The drug maker’s stock price had fallen over 20 percent, as the company faced two legal challenges to the patents on its blockbuster drug, Restasis. Then, on 16 October, Allergan lost one of those challenges. A US court found the patents invalid. Allergan vowed to appeal, thus maintaining its monopoly on the drug until a final court determination, which could be over a year away. But Allergan’s monopoly could collapse far sooner, if the company were to lose the second challenge to the patents, before the USPTO. Such a loss was probable, as the agency had already found a “reasonable likelihood” that prior art invalidated the patents on Restasis. So back in September, Allergan employed an innovative legal strategy: The company gave its patents to a Native American tribe, and the tribe claimed its sovereign immunity prevented the USPTO from reviewing the patents’ validity. If this strategy were to succeed, it will do far more than just boost Allergan’s bottom line. The new strategy will increase the power of patent owners, help patent trolls, and dramatically alter the US patent system.
Extended monopoly protection by the Regulation EC 469/2009 concerning the supplementary protection certificate (SPC) mechanism for medicinal products has led to spiralling prices in Europe for lifesaving medicines, while exhausting the national budgets and depriving patients of fair access to treatments. The EU Commission should repeal the SPCs and put in practice the recommendations signed on 8 September 2017 by thirty-three civil society organisations, in alignment with the final report of the UN High Level Panel on Access to Medicines, writes Daniele Dionisio.
A newly announced partnership between the UN World Intellectual Property Organization and the international pharmaceutical industry to set up a database of medicines patents announced this month to the surprise of governments and civil society was an idea originally brought to WIPO by a group of companies in February of this year. Now they appear to be encouraging others to join in.
It’s safe to say most delegates at the annual World Intellectual Property Organization General Assemblies this month gave no thought to the next election for the director general of the UN agency. It’s not surprising, as it is still years away and was not on the agenda this year. But it was surprising to hear a few delegates in the hallways utter the first very early whispers about what the next election might look like. So Intellectual Property Watch talked to delegates and looked at the possible timeline for the next election for the top post at WIPO.