Category WTO/TRIPS

Antigua Company Pushes Debate On Implementing WTO TRIPS Cross-Retaliation

A website providing unlimited music and movies for a token price is seeking to take advantage of a 2007 World Trade Organisation ruling between the Caribbean nations of Antigua and Barbuda and the United States, which granted Antigua the right to suspend some US intellectual property rights obligations. The action raises questions about implementation of cross-retaliation rulings, in which the complaining country can seek damages in a different sector than that in which the harm was incurred.

UN Climate Report Envisions Modified TRIPS As Governments Seek Progress

Scientists and bureaucrats meeting this week on climate change and weather data are struggling to move global discussion past general declarations of recognition and commitment to address environmental change. One bump under the rug at the United Nations conference is rights over environmental technologies, and a new UN report released Tuesday calls for investment and a focus on flexibilities in and possible changes to intellectual property rights rules to help developing countries access information and technologies.

EU, US Bristle As Drug Innovators Pay To Delay New Generics

Authorities in the European Union and the United States have recently taken a tougher stance against reverse payments - patent settlements whereby, according to many competition experts, dominant drug companies buy off potential rivals.

Indian High Court Rejects Bayer Complaint For Patent Linkage

Indian generics manufacturer Cipla can get marketing approval for its generic cancer treatment Soranib, the Delhi High Court ruled Tuesday, and the Indian drug regulatory authority does not have to check its patent status first. The court this week rejected a complaint by drug multinational Bayer against the Union of India, the Drug Controller General of India and generic drug producer Cipla.

Bayer sought a court order requiring DCGI to consider the patent status of kidney cancer drug, sorafenib tosylate (sold under the brand name Nexavar), before granting marketing approval for a generic version of the drug.

At issue was whether it is legitimate to link a potential violation of IP rights to processes regulating a drug’s entry onto the market that are generally based on drug quality, efficacy and safety.

Proponents Fight To Keep IP Issues At High Level At WTO

With governments looking to close the long-stalled Doha Round of trade liberalisation talks in 2010, what will happen to remaining disagreements on intellectual property issues is still unclear. But proponents of amending the World Trade Organization intellectual property agreement reasserted the need to have them addressed.

ECOSOC Adopts Resolutions On Digital Divide, HIV/AIDS, But Hurdles Remain

The United Nations Economic and Social Council (ECOSOC) this week is concluding a month-long coordinating body meeting in Geneva by adopting resolutions on a range of public policy issues such as internet connectivity, science and technology, and HIV/AIDS.

EU Report Finds Fault With US Barriers To IP

The European Commission on Monday released a report finding fault with a number of United States practices related to intellectual property rights policy, on copyright, geographical indications, trademarks and patents. The report is an answer, one might say, to the US Special 301 report that criticises US trading partners it deems unilaterally to be insufficiently protecting its companies’ IP rights.

Lamy To Meet With WTO Membership On IP Issues; Breakthrough Unlikely

World Trade Organization Director General Pascal Lamy on Monday is expected to inform members that months of informal consultations on two key intellectual property issues on which a majority of governments would like a clear negotiating mandate have not yet resulted in an agreement. But proponents are hopeful the high-level attention to the subject will help start progress toward resolution in the future.

Innovation Policy Needs National Focus, Use Of TRIPS Obligations, Panellists Say

Innovation is a main driver for economic growth and development for developing countries, said speakers at an event focusing on innovation in Brazil, India and South Africa. But although innovation is increasing and is a priority in developing economies, one expert said invention capabilities remain in the hands of historical players and governments need to seek innovative policy responses.