Original news and analysis on international IP policy
Caribbean nation Antigua & Barbuda has declared that it will exercise an option granted it by a World Trade Organization dispute settlement panel to lift protection on US intellectual property rights starting in 2017 if the US does not finally change a law blocking the island nation's online gambling services or compensate it.
For Roberto Azevêdo, director general of the World Trade Organization, an amendment to the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement that affects access to pharmaceuticals for developing countries remains a priority of the WTO.
Q. Todd Dickinson is a shareholder at Polsinelli law firm, and was director of the United States Patent and Trademark Office (USPTO) under President Clinton, a former lead IP counsel for two Fortune 50 corporations, and most recently executive director of the American Intellectual Property Law Association (AIPLA). In an interview with Intellectual Property Watch on 18 November in the margins of the IP Dealmakers conference in New York, Dickinson discussed US prospects for national and international IP policy after the presidential election, changes in Geneva, reform of US IP law, and repairing relationships.
A range of practitioners and representatives in the manufacture of medicines, intergovernmental officials, academics and civil society representatives last week gave diverse views on the effectiveness of a waiver to international trade rules intended to ease shipments of affordable medicines to low-income countries.
Trade secrets have gained the favour of a growing number of companies, according to speakers at a side event held in the margins of last week’s World Trade Organization intellectual property committee meeting. Organised by the European Union, Japan, and the United States, the side event explored the reasons why companies choose to protect their innovations through trade secrets.
European Union trade politicians in several meetings this week in Brussels reflected on the future of trade policy, also impacted by the US elections. “It is a changed world, period,” Iuliu Winkler, vice-chair of the parliamentary International Trade (INTA) Committee (European People's Party) said at the opening of the EU Trade Policy Day, expressing the general sentiment. While many members of INTA committee underlined the need of Europe to press ahead with their trade negotiations internationally, those critical of an aggressive trade agenda were eager to have their arguments not to be mixed with what was criticised as populist fear-mongering against globalisation.
The World Trade Organization intellectual property committee this week discussed the report of United Nations Secretary General’s High-Level Panel on access to medicines which offered recommendations regarding the use of intellectual property in international trade. Developing countries taking the floor accentuated the use of flexibilities under trade rules, and the World Health Organization gave an overview of how its activities follow the panel's recommendations, and its future projects. Civil society meanwhile criticised the WHO’s decision to dismiss a request by some developing countries to include discussions on the UN report at the next Executive Board Meeting.
This week at the World Trade Organization intellectual property committee a range of mostly developed countries requested to discuss regional innovation models, and countries presented examples of such models. The committee also addressed the issue of “non-violation” complaints and issues of biodiversity and trade, observers, and e-commerce.
The Indian Drug Technical Advisory Board meeting on 7 November is expected to discuss a measure that could lead to opening the way to a 10-year data exclusivity period for originator pharmaceutical companies in India, according to the Indian Pharmaceutical Alliance. The alliance submitted a letter to the advisory board to warn against consequences on public health of data exclusivity if the Indian government “succumbs to” pressure by the United States.
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.
For next week's World Trade Organization intellectual property committee meeting, the major developing economies have submitted a request to discuss the recently released report of the United Nations Secretary General's High-Level Panel on Access to Medicines, according to Knowledge Ecology International (KEI). A key element of the UN report was to make it harder for countries deter or discourage other countries from trying to use patent flexibilities built into the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) - something the major developing economies have been discouraged from doing in the past.
Raising awareness, creating effective stewardship, national action plans on antimicrobial resistance, building trust and getting onto the agenda of the G20 are critical to fostering access and appropriate use of antibiotics, according to speakers at yesterday’s joint technical symposium on antimicrobial resistance (AMR).