Original news and analysis on international IP policy
Register Now for The Global Debate on Intellectual Property, Trade and Development: Past, Present and Future - A Conference in Honour of Pedro Roffe, taking place on 15 June at the University of Geneva, Uni-Bastions, Geneva, Switzerland. Registration is open and free, see details.
As negotiations take place this week, an evaluation of the impact of one of the TRIPS-plus measures of the Mercosur/EU FTA on the prices of medicines in Brazil has been released. Based on the draft of the agreement, by their calculations, an additional USD 444 million would be necessary to be spent by the public health system for the purchase of six medicines alone, write Marcela Fogaça Vieira and Gabriela Costa Chaves.
Representatives of Chilean civil society and Congress this week presented the Chilean health minister with a proposal urging the government to take advantage of international trade law and a newly passed congressional resolution to issue compulsory licences on high-priced drugs for hepatitis C and prostate cancer.
Minister Celso Amorim of Brazil has had a significant impact on the state of global negotiations in his professional lifetime, including on global intellectual property rights.
On 12 December, the Argentinian Copyright Office and the Ministry of Culture invited a group of stakeholders, among which was this author, to discuss the final draft of the Exceptions and Limitations Bill (Proyecto de Ley de Excepciones) to modify current Copyright Act no.11.723 of 1933. One wonders whether it would be better to draft from scratch a modern Copyright Act instead of patching up the old 1933 Act. Nevertheless, the bill is welcomed. Argentina, as this author has already expressed, has one of the most restrictive copyright laws in the world (see Propuestas para ampliar el acceso a los bienes públicos en Argentina – Estableciendo el necesario balance entre derechos de propiedad intelectual y dominio público, Maximiliano Marzetti, Buenos Aires, 2013).
Resistance to high prices for hepatitis C drugs is ongoing as five new challenges against patents have been filed in India and Argentina, according to sources. Those challenges aim at allowing the production and distribution of affordable generic versions of new hepatitis C medicines (direct-acting antivirals).
Abiola Inniss writes: The creation of the Caribbean Patent Convention under the auspices of Caricom is a long awaited and most welcome development towards the harmonization of intellectual property laws in the region. Even more importantly, it is an indication that Caricom leadership has at long last, after a lengthy period of stagnation and indeterminacy, finally decided to engage the process of thought and action necessary for the promulgation of a legal and regulatory framework for Caribbean intellectual property. The convention is expected to be enacted later in 2017.
An interesting year lies ahead for trade policymakers. With US President Donald Trump sticking to his “America First” announcement pulling back from the Trans-Pacific Partnership right away, a new trade (world) order might be in the making. In every crisis, there is opportunity, Argentinian Trade Minister Susana Malcora said in Davos during the January World Economic Forum (WEF) where the business elite otherwise traded concerns at the beginning of an unpredictable year 2017.
A resolution has been passed by Chile’s Chamber of Deputies, a branch of its National Congress, to encourage the use of compulsory licences to import generic versions of a patented drug when necessary to protect and promote the health of the population.
President Trump and members of his administration have rightly talked about the need to be tougher on trade enforcement, including promising to take a closer look at existing trade agreements to see whether they should be revoked, renegotiated, or more strictly enforced. A candidate ripe for review is Colombia, and in particular, its ongoing failure to implement intellectual property provisions under the U.S. Colombia Trade Promotion Agreement (TPA), Nigel Corey writes.
A new study by intellectual property trade associations analysed the correlation between trademarks and their economic impact on several Latin American countries. The study found that trademark registration is growing in the region and promotes economic growth.
Sitting between different rights, powers and principles at the intersection of differing legal regimes is the case of Philip Morris v Uruguay. The case, which concerns Uruguayan regulations that impose enlarged graphic health warning requirements on tobacco packaging and reduce the varieties of a tobacco brand that can be sold, has since its decision in July this year by an investor-state arbitration tribunal, has caused much discussion among legal practitioners and academia and attracted broader public attention.