Original news and analysis on international IP policy
The Philippines Intellectual Property Office has issued a statement in response to criticism that an IP enforcement meeting it is hosting this week with numerous corporate representatives "does not favor big corporations."
The World Intellectual Property Organization, a United Nations agency with nearly 200 member states, is under criticism for its connection with a Western industry-heavy event this week in the Philippines aimed at fighting intellectual property counterfeiting and piracy. The concern from technology industry and consumer advocates is that WIPO is involved in an overly one-sided event and did not sufficiently notify its diverse membership or the public of its activities.
The Indian Supreme Court today is expected to hear Swiss pharmaceutical company Novartis’ case against a provision of Indian patent law aimed at preventing the extension of drug patents for minor changes in existing products, a practice known as evergreening.
India and the European Union announced a written agreement yesterday that puts more conditions on EU customs authorities before they can stop shipments of generic pharmaceuticals passing through Europe. No longer is the existence of an EU patent on passing generics sufficient cause to stop shipments. The agreement suspends a World Trade Organization dispute started by India last year.
The third amendment of Patents Act 1970, in 2005, was a major breakthrough for Indian IP practice in patents. The current crop of judicial decisions, discussed in this note, has initiated the need to have a critical mass of judicial precedents streamlining law and rules governing patent practice in India, writes Kamakhya Srivastava.
India has at least seven diverse intellectual property (IP) legislations related to protection already in place. Its focus should therefore arguably be directed - along the lines of many other IP jurisdictions - on more stringent enforcement modus operandi of the IP rights. Is there scope for introducing yet another IP legislation – the utility model protection law - in the Indian IP landscape and if so, what should be its scope and implication, asks Swarup Kumar.
Improving access to medicines in developing countries through local pharmaceutical production is at the centre of a project involving several institutional actors working on health and trade. Technology transfer is key to local production, but some prerequisites like a favourable policy environment and the ability of developing countries to use technology transfer are essential to encourage local production, according to panellists at a recent event.
According to European Trade Commissioner Karel de Gucht, there are still thorny issues on the table in the ongoing EU-India free trade agreement talks, including intellectual property issues.
The World Intellectual Property Organization went to India last week to highlight the country’s success in creating a digital library of Indian traditional knowledge, which it uses to prevent illegitimate patenting of its resources. But whether WIPO found a way to fit the Indian project into the UN agency’s mission to protect and promote intellectual property rights was unclear.
A decision by the Indian Patent Office to reject a patent on an AIDS drug last week has drawn acclaim from civil society and Indian generic pharmaceutical industries. The decision was not based on a controversial article of Indian law aimed at preventing patent extensions but rather on the grounds of non-inventiveness. Abbott Laboratories, meanwhile, presented Intellectual Property Watch with justification for its Indian patent request.
Strategies may be failing to ensure developing countries’ implementation of global trade rules for intellectual property protection does not squelch access to affordable medicines worldwide, according to a study presented this week.
The proposed European Union-India free trade agreement was one of the top issues at the 11th EU-India Summit held in Brussels today. But two sides of the story are being told about who will benefit or lose.