Original news and analysis on international IP policy
The following is a contributed summary of recent news in China from various sources. The Beijing Intellectual Property Court, China’s first specialised IP court, came into being on 6 November, for which a ceremony unveiling the court’s nameplate was held at the court’s domicile in the capital city’s Haidian District, home to many technology giants and universities.
It’s been a little over two years since the Copyright Act, 1957 was extensively amended in 2012 with far-reaching ramifications for all categories of stakeholders. The amendments purported to introduce a level playing field for different categories of right holders in the entertainment industry, recognise the access needs of users of the copyrighted works in general and visually impaired population of the country in particular, align the copyright regime of the country with rapid advances in technology and streamline copyright enforcement and administration. To gauge the influence of the amendments on copyright regime in India as well as to see if their implementation so far has been in sync with the legislative intent, this article seeks to evaluate the Copyright (Amendment) Act, 2012 as well as their working, writes Abhai Pandey.
PARIS –Life sciences stakeholders at a recent conference explored matters associated with market access in the BRICS (Brazil, Russia, India, China, South Africa) and in the Middle East and North Africa regions.
On 14 October, the US Trade Representative (USTR) began the out-of-cycle review (OCR) of India’s intellectual property (IP) laws, the mandate which it gave itself in the 2014 Special 301 Report. Like several years in the past, the USTR once again included India in the Priority Watch List, but this time, India’s IP laws are being subjected to the additional scrutiny through an OCR. It is to be seen whether the OCR sets the stage for naming India as a Priority Foreign Country, viewed by the USTR as worst offender of intellectual property rights, in the next Special 301 report. USTR’s inclusion of India for the OCR was a reflection of the influence that the domestic lobbies have on the country’s engagement with its partner countries, and about USTR's consistency with World Trade Organization rules, writes Biswajit Dhar.
Local production of medicines in developing countries is key to advancing universal health coverage, but other factors need to be considered, such as the involvement of all stakeholders and policy coherence in governments, according to speakers attending the World Investment Forum this week. Several speakers called for a paradigm shift in global health.
The entry into force of an international treaty facilitating access to genetic resources and ensuring the fair sharing of potential commercial benefits has prompted the applicability of a European Union regulation relating to the treaty. This led a researcher to call on the treaty members to ensure its implementation protects the rights of indigenous and local communities.
The Nagoya Protocol, a treaty expected to ensure greater access to genetic resources and a mandatory fair benefit-sharing of the benefits that could be derived from those resources, will enter into force on 12 October, almost four years after it was agreed.
South Korea is now considered one of the most influential countries in the IP field. Intellectual Property Watch exchanged a set of questions for Kim Young-min, commissioner of the Korean Intellectual Property Office (KIPO) since 2013, speaking about KIPO’s policies for increasing international cooperation, reducing first action pendency, and preventing “bad faith” trademark applicants in Korea from making unfair profits.
Will India’s new government bring in radical changes in the country’s intellectual property rights regime? That question has generated enormous buzz but no definitive answer ever since the Bharatiya Janata Party (BJP) swept to power with a decisive mandate in May this year.
[Update: the Indian government has announced that it has begun a process for a comprehensive IPR policy over the next six months, including a government think tank. See report here. The government website is here.]
Compulsory licences should be issued to roll out generic versions of innovative HCV drugs. Only generic competition can push down the extortionate prices of these lifesaving medicines, while placing equitable access and public interest before monopolistic pharma companies’ business strategies, Daniele Dionisio argues.