On 12 March 2012 the Controller General of Patents,Designs & Trademarks of India issued an order granting a compulsory license under Section 84 of the Patents Act (1970) to Natco in patent number 215758 granted to Bayer covering the anti-drug sorafenib toslyate. KEI filed an affidavit in this compulsory licensing dispute involving Natco and Bayer. Following the issuance of a compulsory license, Bayer requested the Intellectual Property Appellate Board (IPAB) to issue a stay on the compulsory license.
Test data protection is a sui generis intellectual property right that was first developed in the 1980s for pharmaceutical drugs, and has been extended recently to biologic drugs and vaccines.
While the GOP and Democratic conventions highlight the differences between the parties, there are some bipartisan issues, and one of the biggest is taking care of corporate interests.
USTR will host two public hearings regarding the Trans-Pacific Partnership Agreement (TPPA). The first, to be held on Friday, 21 September 2012, will cover Mexico’s participation in the TPPA. The second hearing will be held on Monday, 24 September 2012, and will address Canada’s participation in the TPPA.
On 14 September 2011 and 16 September 2011, the World Trade Organization (WTO) undertook a trade policy review of India. All members of the WTO are subject to review under the Trade Policy Review Mechanism (TPRM). The TPRM takes place in the “Trade Policy Review Body which is actually the WTO General Council — comprising the WTO’s full membership — operating under special rules and procedures” (Source: WTO, Trade Policy Reviews: Brief Introduction). Continue Reading →
The 1980 Bayh-Dole Act is named after two former US Senators, Birch Bayh and Bob Dole. In 2002 both claimed the Bayh-Dole Act march-in provisions were not intended to address cases where prices for inventions are unreasonable, and Senator Bayh repeated this view during a 2004 march-in case involving Abbott patents on ritonavir.
Among the provisions of the Act that suggest otherwise are the following:
On Thursday, 16 August 2012, the Court of Appeals for the Federal Circuit issued its opinion in the case Association for Molecular Pathology v. US Patent and Trademark Office, again rejecting the plaintiffs’ contentions that isolated DNA is not eligible for patent protection. This case surrounds the patent eligibility of isolated DNA, particularly the BRCA1 and BRCA2 genes known to be associated with an individual’s susceptibility to breast and ovarian cancer.
As Geneva awakes from its summer slumber post-Jeûne genevois (6 September 2012), the following conferences and negotiations are expected to shape the knowledge governance landscape in the second semester of 2012 at WHO, WIPO and WTO.
World Health Organization
Here are upcoming meetings of the WHO in 2012 of relevance to public heath, innovation and access.