Original news and analysis on international IP policy
This year is profoundly important in humanity’s future ability to stave off resistance to antibiotics and other medicines, a top World Health Organization official said on the eve of this week’s annual World Health Assembly.
The 69th World Health Assembly (WHA) opens today in Geneva, with well over 3,000 participants and a record number of agenda items. For the 12th consecutive year, Intellectual Property Watch has a dedicated team on the ground, bringing you informed, timely reports on the action, on the floor and behind the scenes. Below are some other ways to follow the action as well, including a handy list of Twitter hashtags for the week.
Owais Hassan Shaikh writes: According to the section of US law on Special 301 reports, a country may be considered a priority foreign country even when it is fully compliant with the WTO Agreement on the Trade-Related Aspects of Intellectual Property Rights (TRIPS), the main multilateral agreement on IP rights today. Hence, this legislation and the determinations made in the Special 301 reports prioritize protection of commercial interests of the US nationals.
The establishment of the WTO Agreement on TRIPS (Trade Related Aspects of Intellectual Property Rights) and the proliferation of plurilateral, bilateral and regional agreements have significantly contributed to the increasing complexities of the intellectual property system. The emergence of new actors, reflecting conflicting expectations and the adoption of new trade agreements that often exceed the standards set by the TRIPS agreement, have resulted in a new density of rules that have further fragmented the international system. These developments have unavoidably called for further analysis by academics and stakeholders.
“Ever-Greening of Patents” has been an expression that has been extensively used in debates related to the global pharmaceutical industry at least since the last two decades. Interestingly, this term has never been statutorily defined and hence has been applied most freely by professionals, policy makers and politicians alike. It would be appropriate to objectively examine whether patents in any jurisdiction can ever be “ever-greened”. A fitting initiation to this debate is the very concept of what a patent is from the very first principles, writes Prabuddha Ganguli.
From the BBC: Uniform packaging rules for tobacco will be introduced in the United Kingdom on Friday after a legal challenge against the new law was dismissed by the High Court.
The recent decision involving Moneyweb and Media24 (Moneyweb (Pty) Limited v Media 24 Limited & Another [2016] ZAGPJHC 81) is an important one for copyright lawyers in South Africa because it is the first time that two provisions relating to news reporting of the Copyright Act 1978 (the Act) have been judicially considered, namely, sections 12(1)(c)(i) and 12(8)(a). In fact, it is the first time that the application of the fair-dealing provision, section 12(1), has received any judicial consideration, whether in the context of news reporting or otherwise.
[From the Washington Post] BOGOTA, Colombia — Colombia’s government is giving pharmaceutical giant Novartis a few weeks to lower prices on a popular cancer drug or see its monopoly on production of the medicine broken and competition thrown open to generic rivals.
CAPE TOWN, South Africa — Plain packaging is considered unattractive among marketers, loss-making for industries, and a healthy life promoter for governments and the public. The potent mix to balance profits, safeguard jobs and cut illnesses has made it a controversial solution to curb smoking. As it grows in popularity around the world, how is plain packaging faring in Africa?
The United States International Trade Commission (ITC), an independent government agency, today released an 800-page analysis of the economic impact of the Trans-Pacific Partnership (TPP) Agreement completed last year.