Original news and analysis on international IP policy
India and the European Union announced a written agreement yesterday that puts more conditions on EU customs authorities before they can stop shipments of generic pharmaceuticals passing through Europe. No longer is the existence of an EU patent on passing generics sufficient cause to stop shipments. The agreement suspends a World Trade Organization dispute started by India last year.
The Anti-Counterfeiting Trade Agreement (ACTA) under negotiation by a group of countries including those in the European Union is more ambitious than current EU law and risks problems for access to medicines, concluded a recent study commissioned by the European Parliament Committee on International Trade. But the study stops short of calling for a flat rejection of the agreement.
Civil society groups say a leaked document from regional free trade negotiations between countries bordering the Pacific Ocean shows the United States favouring giant pharmaceutical companies at the expense of public health. Separately, the tobacco industry is allegedly also trying to push for a clause to prevent plain packaging.
A Canadian bill to improve global access to medicines might get another shot in the new Parliament, writes Daniele Dionisio.
At the last session of the World Trade Organization Trade-Related Aspects of Intellectual Property Rights (TRIPS) Council, the Dominican Republic challenged an Australian draft law requiring plain packaging for tobacco products as being incompatible with its WTO obligations, eclipsing other agenda items. The TRIPS Council also addressed other regular agenda items such as related to biodiversity and public health, according to sources.
The European Commission has issued a new draft customs regulation that it says addresses past concerns over wrongful seizures of generic drug shipments transiting through European ports. But the new regulation does not substantively change existing rules, it said, and civil society groups say it does not go far enough. The EU regulation is the subject of a World Trade Organization dispute settlement case.
A European Union-backed project organised a conference at the World Trade Organization last week to rally Africa to the cause of geographical indications.
Two new reports circulated in Geneva this week examine ways to improve technology transfer to least-developed countries (LDCs) as mandated under international intellectual property trade rules, and assessments of the intellectual property needs of LDCs in recent years.
The Anti-Counterfeiting Trade Agreement (ACTA) is open for interpretation, perhaps too much so, legal experts on both sites of the Atlantic are warning.
Access to essential medicines in least developed countries (LDCs) could be facilitated through local production, according to a report released today by the United Nations Conference on Trade and Development.
Government policymakers are stalling on trade liberalization while erecting new nontransparent trade barriers, writes Frederick Abbott.
Current global intellectual property obligations are seen by some as favouring rights holders to the detriment of the public interest, and a series of amendments to international rules on trade and IP could address this, says a new book from a respected European think tank.