Policy Discussions and International Organizations

Innovation Council released a piece sharing their perspectives on the IGC Negotiating Text at the start of the May 2024 IGC Diplomatic Conference. It goes over concerns with the text including sections that touch on their definitions, retroactivity, patentability criteria, items of unknown origins, ABS requirements, fraudulent intent, correcting disclosures, and lastly on scope and DSI.

See here for the full perspectives.

Innovation Council put together its opening statement at the May 2024 IGC Diplomatic Conference. The statement emphasized how important it is that negotiators safeguard legal certainty in the patent system as this not only affects both small and large patent owners, but also the organizations they partner with and those that interact with their IP. Three things that will be important to pay attention to include : 1) clearly and narrowly defining the scope, 2) clarifying and confirming appropriate PDR administrative requirements, and 3) excluding patent-based sanctions.

See here for the full statement.

IFPMA published a position paper this July addressing some of the challenges that exist in ensuring access to safe and quality-assured antibiotics ahead of the UN High-Level Meeting (HLM) on Antimicrobial Resistance (AMR) this coming September 2024. In the paper, they also propose a set of policy changes for consideration.

See here for the publication announcement with highlights of the challenges and recommendations and here for the full position paper.

The 57^th WIPO General Assemblies will take place in Geneva from July 9 to 17, 2024. You may follow the live transmission of available hybrid proceedings online.

See here for Innovation Council’s Opening Statement from Director Jennifer Brant.

WIPO’s 2024 World IP Report titled ‘Making Innovation Policy Work for Development’ explores the need for innovation policies to focus on developing innovation capabilities. It offers a new methodological framework, complemented by three industry case studies – agriculture technology, motorcycle and video games – in Brazil, Finland, India, Italy, Japan, Kenya, Poland and the United States.

Click here for the full report.

This document provides a synopsis of the online conversation that Innovation Council held with experts Dr. Malathi Lakshmikumaran and Dr. Axel Braun to discuss IGC developments and negotiations at the World Intellectual Property Organization.

Click here for the one pager and to find the full transcript.

Innovation Council spoke online with experts Dr. Malathi Lakshmikumaran and Dr. Axel Braun to discuss IGC developments and negotiations at the World Intellectual Property Organization.

Both are patent lawyers with scientific backgrounds who shared their insight about patent disclosure requirements (PDR) for inventions that are based on genetic resources (GR) and/or associated traditional knowledge (TK) in different countries. They drew attention to shortcomings of the so-called Chair’s text, which is the basis for the WIPO negotiations aimed at delivering a new WIPO international instrument setting forth a PDR. Drawing from their perspectives from both the biopharmaceutical and agriculture biotech sector, they discussed specific examples of problems that arise when PDR-related legislation is unclear.

Click here for the one-pager and for the full transcript.

Innovation Council in collaboration with co-authors Mark Schultz and Douglas Park created the policy brief Empowering Innovation, Enabling Collaboration: A Blueprint for Pandemic Preparedness to highlight key lessons from the COVID-19 pandemic response and explains how to incorporate them into the new pandemic preparedness treaty being negotiated by the World Health Organization (WHO) and its member states.

In this Innovation Council Q&A, Dr. Braun — a former Swiss and European patent attorney — discusses the challenges of legal certainty and innovation risks within the context of patenting genetic resources and traditional knowledge and how this might with the IGC negotiations. He offers a unique perspective on the potential impacts on R&D and patent validity, highlighting the critical balance needed between transparency, legal harmonization, and innovation incentives.

Click here to read our Q&A.

In this Innovation Council Q&A with Olivier Sauvageot of Syngenta, key issues around WIPO’s IGC negotiations on IP and genetic resources are discussed. Sauvageot, an experienced patent attorney, delves into the complexities of patenting in agriculture, highlighting the challenge of defining and managing genetic resources and associated traditional knowledge. He underscores the potential impact on R&D, patent validity, and innovation, while advocating for clear, fair, and effective IP frameworks.

Click here to read our Q&A.

This detailed analysis by the Innovation Council critically examines the proposed international instrument with respect to the patent system, R&D, and avoiding legal uncertainty.  We highlight challenges in achieving transparency, legal certainty, and the impact on R&D commercialization. With insights into the balance between protecting indigenous knowledge and fostering innovative landscapes through the patent system, this report underscores the need for clear definitions and harmonized global standards.

Click here to read our analysis.