Original news and analysis on international IP policy
Cardiovascular diseases (CVD), a group of conditions that can result in heart attacks and strokes, is the world’s number one killer, accounting for one-third of deaths throughout the world, according to research released recently (17 May) by the Institute for Health Metrics and Evaluation (IHME) at the University of Washington.
European Union trade politicians and their counterparts from the United States need more time to consider next steps in their trade relations, EU trade Commissioner Cecilia Malmstroem said during a session with the trade committee of the European Parliament this week. At the same time, she reported that Trans-Pacific Partnership (TPP) and Trade in Services Agreement (TISA) negotiating partners have been turning to Europe to make headway. Meanwhile, former EU Justice Commissioner and member of the European Parliament, Viviane Reding, called for a counter-offensive to rising protectionism.
Frederick M. Abbott writes: The Supreme Court of the United States on May 30, 2017 adopted a rule of international exhaustion of patent rights for the United States in Impression Products v. Lexmark International, No. 15-1189. The near-unanimous decision authored by Chief Justice Roberts is unambiguous and unequivocal.[1] The Court paid short shrift to contrary decisions of the Court of Appeals for the Federal Circuit in Jazz Photo Corp. v. International Trade Commission, 264 F. 3d 1094 (Fed. Cir. 2001) and in this case on certiorari, Lexmark International v. Impression Products, 816 F.3d 721 (Fed. Cir. 2016).
In addition to adopting international exhaustion, the Supreme Court ruled firmly against enforcement of post-sale restrictions through infringement actions based on patent. The Court allowed for enforcement under contract law of limitations that may be included in patent licenses.
Steven Tepp writes: Virtually every consumer in every country wants products and services as inexpensively as possible. Nowhere is that demand more acute than in health care, where quality of life, and life itself, is at stake. In Europe, most national governments use the monopsony power of a single-payer national health care system to negotiate (or dictate) what prices they will pay, an activity that has been considered “anti-competitive” in EU private markets. And some governments simply issue price controls.
In a novel election process for the first time involving the full organisation membership, Tedros Adhanom Ghebreyesus of Ethiopia this evening was elected as the next director general of the World Health Organization, becoming the first official from Africa to be chosen to head the United Nations health agency.
Yesterday’s United States Supreme Court decision in TC Heartland LLC v. Kraft Food Brands Group followed some familiar trends in Supreme Court jurisprudence. It overturned long-established Federal Circuit law, restricted the power of patent owners, and handed a stinging defeat to so-called “patent trolls” (companies that make money primarily by licensing their patents and suing those who refuse to purchase licenses). The Court did all this by limiting where patent infringement suits can be filed – and thus significantly changing patent litigation in the US.
Shortages of vaccines are a worldwide problem with tremendous impact on health, affecting countries of all income groups and regions, speakers said at a recent industry event. Different possible solutions for shortages of vaccines were suggested during the panel discussion.
Civil society organisations and the Business 20 Dialogue all put their positions on the table before the opening of the first-ever meeting of G20 Health Ministers tomorrow in Berlin, Germany taking place tomorrow.
The European Parliament today adopted the Portability Regulation by a margin of 586 to 34 votes with 6 abstentions. The new EU regulation will allow the cross-border use of online paid content which so far was hampered by geoblocking. Users now can access their Netflix, Sky Go or similar subscription services when roaming in the EU. But the regulation will not really end geoblocking, warned the minority opposed to the regulation, as Pirate Party Member Julia Reda.
Newly confirmed United States Trade Representative Robert Lighthizer issued a letter to Congress today stating that he will lead a renegotiation of the 1994 North American Free Trade Agreement (NAFTA) with Canada and Mexico. And the changes will include new provisions on intellectual property rights and digital trade.
It appears not just unfair, but absurdly so. The US government paid for research that produced a patented drug, the patents were licensed exclusively to a Japanese firm, and that firm is now committing price discrimination against the US. Astellas Pharma is selling its anti-prostate cancer drug, Xtandi, for over $129,000 per year per patient in the United States – triple the price of the drug in Japan. Alas, this situation is not unusual. Many drugs that were financed by US taxpayers are sold in the US at exorbitant prices, but are much cheaper in other high-income industrialized nations. This differential price problem could be solved easily. However, the US government has consistently refused to exercise its march-in rights in order to lower drug prices.
Pharmaceutical industry representatives today announced a new alliance to fight antimicrobial resistance. The announcement came during a meeting of the private sector of the most advanced countries.