Original news and analysis on international IP policy
A health advocacy group today announced that it has challenged a set of United States patents for a hepatitis C medicine. The group says drug maker Gilead Sciences has obtained unmerited patents for sofosbuvir, blocking millions of US patients from affordable treatment.
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.
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.
MUNICH -- Considerable quality problems in the examination and processing of patent applications at the European Patent Office (EPO) were deplored by a group of patent attorneys during a visit of the new Chair of the EPO Administrative Board, Christoph Ernst, from the German Ministry of Justice, to the Max Planck Institute for Innovation and Entrepreneurship Research in Munich. Meant as a presentation of Ernst's thoughts on “the future of the European patent system,” the debate developed into a harsh reckoning of the “System Battistelli.”
On 26 September, the Japan Patent Office (JPO) announced, for the first time ever, the grant of protection to three sound trademarks consisting solely of a sound element, writes Masaki Mikami.
Today a range of civil society organisations sent an open letter to European Union policymakers calling for the removal of a provision they say would violate citizens' rights by forcing monitoring and filtering of copyrighted materials.
A US cancer group has provided a series of recommendations to the South African government on ways to improve the country’s draft national intellectual property policy, including greater transparency, voluntary licensing, and the use of compulsory licences.
António Campinos of Portugal has been elected to serve as the next president of the European Patent Office (EPO). He will succeed Benoît Battistelli, who has served since 2010.
PARIS -- La Revue Prescrire, a French journal for healthcare professionals, has chosen “Private Patents and Public Health” — a 2016 book written by Ellen ’t Hoen — as one of four winners of its 2017 Prescrire Prize Book Award. Calling it “a major reference work on access to medicines and the patent system,” Prescrire praised ’t Hoen’s book both for its extensive collection of data and examples as well as its readability. (Medicines Law & Policy contributor, Kaitlin Mara was the editor of the book).
The Universities Allied for Essential medicines (UAEM) evaluated 15 Canadian research-intensive universities on their contributions to biomedical research on neglected health needs, access to medicines, and education concerning access and innovation issues. The results show that for a number of those universities, this contribution is sub-optimal.