Original news and analysis on international IP policy
Innovation and intellectual property rights have set the United States apart from competitors in recent history, and China seems intent on closing that gap any way it can. A US trade office report out this week on China’s compliance with World Trade Organization rules 15 years after accession show the magnitude of China’s continuing compliance problems related to intellectual property rights.
When Gilead brought its new antiviral medicine – Sovaldi – for the treatment of Hepatitis C to the US market for USD 84,000, it triggered a storm of protest. Demand for this revolutionary treatment was so high that the price (despite reductions) became an enormous burden on the American healthcare system. Although the product is cheaper in Switzerland at CHF 48 307, treatment is rationed for reasons of cost.
The book Antitrust Issues in Intellectual Property Law, edited by Bradford Lyerla and authored by several lawyers, is about the intersection of IP law and antitrust law and collects case law from 2015 and 20152016??, dealing with the issue.
Biotherapeutic medicines are made out of living organisms and cannot be replicated. No generic medicines, which are exact copies of the reference product, can be made. The generic equivalent of a biotherapeutic would be biosimilars, which are highly similar products. The United States Food and Drug Administration has issued a guide to help producers to prove how close their biosimilars are to the biotherapeutics.
As a new year dawns, a lot of movement has been observed in the pharmaceutical industry with new key players taking the lead. Meanwhile, new delegates are covering IP issues in Geneva, and coordination of regional groups at the World Intellectual Property Organization makes its usual yearly shift for 2017. The copyright industry also saw major changes, and law offices have been busy hiring new partners.
The United States Trade Representative’s office today released its annual “notorious markets” for intellectual property-infringing goods, with a list of 21 online and 12 physical markets worldwide. Many of the online sites are based across Europe, including several in Switzerland, but also in Russia and China as in the past. A big feature is China's Taobao, and new methods like stream ripping.
Few were surprised when, earlier this month, the US Supreme Court agreed to hear the appeal in Impression Products, Inc. v. Lexmark International. The case presents two important patent law issues, and the lower court’s ruling on these issues conflicts with Supreme Court precedents, according to many experts.
A major shift is underway in Washington that is expected to have ramifications for global trade, innovation, and intellectual property enforcement, as Donald Trump steps into the United States presidency. IP-Watch caught up with Rob Atkinson, president of the Information Technology & Innovation Foundation to get his view on what's to come. Among the predictions: the Washington Consensus on trade gets turned on its head, enforcement will rise including at multilateral level, the US will have many new ideas but iPhones will not be made in the US, and a much-needed "reset" of the US policy on China will bring greater mutual respect - if done right.
Blockchain platforms could help solve some copyright ownership issues for content sharing. But whether the technology lives up to its promise remains to be seen.
The European Union and Canada held an informal meeting in Geneva this week to present a project for a multilateral investment court to handle global investor-state disputes, hoping to draw interest and questions by other country delegates, according to sources. Time will be needed to gain acceptance of the idea, they said, and the next opportunity will be at the January World Economic Forum in Davos.