Category WTO/TRIPS

New Database Documents The Power Of TRIPS Flexibilities

Ellen 't Hoen writes: Medicines Law & Policy has published an on-line database of instances of the use of TRIPS flexibilities in public health contexts, titled the TRIPS Flexibilities Database. The publication of the TRIPS Flexibilities Database merits sharing a bit of its history because it has been a work in progress for some time. The database includes cases of actual use of TRIPS flexibilities and instances in which countries planned or threatened to use them. The collection of such cases started ten years ago as part of a research project to document and examine the uptake of the flexibilities contained in the TRIPS Agreement in medicines procurement.

US Section 301 Update On China: Systematic Espionage, Plundering Of IP In US, EU, Australia, Japan

The Office of the United States Trade Representative's (USTR) latest update of its "Section 301" investigation of China's alleged theft and manipulation of US intellectual property rights, technology transfer, and trade secrets released today contains a litany of cases of China's nefarious behaviour in the US as well as Europe, Japan, Australia and elsewhere.

China’s Xi Jinping Signals Higher Focus On IP, Market Opening To Ease US-Sino Tensions, But Global Leadership Friction In Innovation To Persist

SHANGHAI, China -- The President of China, Xi Jinping, in a keynote address on 5 November to political and business leaders attending the opening of the first China International Import Expo (CIIE) in Shanghai sent a strong diplomatic signal that Beijing will push ahead with further opening up of the economy to more international competition. In a move to try and ease US-Sino tensions Xi also indicated China will take proactive steps to boost protection of intellectual property rights (IPRs), including harsher penalties against violators - a major grievance for the United States and the pivotal issue in the escalating trade war between the world's two largest economies.

Global Biotech Industry Revisits Geneva, Seeks To Build Relationships To Help Shape Policies

A global association representing biotechnology industries last week made a second annual visit to Geneva's institutions to raise awareness of how the industry works, its needs, and how the association could participate better in policymaking. Dismissing fears of industry unduly influencing public policies, two representatives of the association sat down with Intellectual Property Watch's Catherine Saez to explain the importance of biotechnology in solving the problems of the world, and the need to raise awareness of the perspective of the biotechnology sector.

WTO TRIPS Council Debates Competition Law, Plain Packaging’s Spread To Other Products

The World Trade Organization intellectual property committee met last week with lively discussions on the benefit of IP rights protection for new businesses, and on the role of competition law to prevent abuses of those rights and in particular ensure greater access to medicines. Also, considering the recent WTO Dispute Settlement Body ruling on the tobacco plain packaging, some countries warned against this decision becoming a precedent and spreading to other goods, and undermining trademark protection.

Intangible Capital Rising, IP Key For Start-Ups, Traditional Growth Model Has To Change, Panellists Say

The importance of intangible capital is growing and so is the significance of intellectual property, according to some, and in particular in the new economy. Start-ups see intellectual property as an indispensable tool to attract investors and put their innovations onto the market. Developing countries still mainly stuck in what some call the "commodity trap" have to identify and exploit their intellectual property assets, according to panellists at an event held at the World Trade Organization yesterday.

WTO TRIPS Council Agenda: IP Key For New Businesses, Competition Law To Counter Abuses

World Trade Organization intellectual property committee members gather this week for their annual autumn session. On the agenda are now-usual topics looking at intellectual property from two perspectives: IP as an indispensable tool for innovation in particular in the new economy, and IP as a potential threat to access if misused. In addition, India has put forward further questions on goods in transit to the European Union in its directive on custom enforcement of IP rights.

Lurking In USMCA – IP Provisions With An International Agenda

Donald Trump is no fan of international norms or rules. He’s made this clear on numerous occasions, including during his two speeches at the United Nations. It is surprising, therefore, that one of the few international deals he has made as president – the recently announced treaty replacing NAFTA – contains IP provisions whose main purposes seem to be extending US rules overseas and establishing IP norms for future international agreements.

New Report: Mitigating Patent Linkage To Promote Medicines Access In LMICs

A new report reviews how patent linkage mechanisms have been implemented in South Korea, Australia, Canada, and the United States, and identifies precedents for how low and middle-income countries (LMICs) can retain and exploit “constructive ambiguities” in trade treaty text to mitigate the impacts of patent linkage mechanisms and promote the timely availability of generic medicines.

Multi-Agency Conference Addresses Positive Aspects Of ‘Respect For IP’

JOHANNESBURG, South Africa -- Conference delegates at the Respect for IP international conference held in South Africa this week were participants in a series of top-level panel discussions about the conference theme that included views about balancing intellectual property’s economic value with achieving social development goals.