Policy Discussions and International Organizations
A Covid vaccine breakthrough bypasses the stale debate on patent waivers
Heated debates have taken place at the WTO TRIPS Council over Covid-19 vaccine patents and IP rights, with ongoing discussions still taking place among diplomats from the US, India, South Africa, and the EU. For vaccine researchers, manufacturers, and public experts, though, the focus may have moved on some time ago, says Alan Beattie in a new “trade secrets” posting for the FT. Governments seem also to be shifting focus to emphasize practical efforts to extend manufacturing and distribution capacity globally; by way of example, the EU recently announced a €1bn contribution to finance the German company BioNTech to set up a mobile vaccine manufacturing plant in Africa assembled from kits.
Center for Global Development series on the EU-Africa Summit
On February 17th, the long-awaited summit between the African Union (AU) and the European Union (EU), delayed since 2020, finally began. But in the time since the first event was scheduled, the world was ravaged by a pandemic that is estimated to have stalled a decade of continuous growth and human capital improvement on the African continent.
The Center for Global Development prepared an excellent series on the EU-Africa Summit consisting of mini reports by CGD experts about the various joint priorities set out by the AU and the EU. The series offers compelling analysis and commentary on the actions needed in order for a meaningful reconstruction of the relationship between the two continents to materialize.
Find the series here.
What’s at stake in COVID-19 jab patent waiver row
Over a year into global COVID-19 vaccination efforts, the question of whether jab formulas ought to be freely available is still unresolved—and undersupplied countries are turning to workarounds.
Here’s a look at the waiver row, with arguments for and against as well as workarounds that have sprung up in the meantime.
Pharma industry calls for stronger IP protection in free trade agreements
Amid global criticism for holding on to vaccine patents during the pandemic, a new study commissioned by the European pharmaceuticals industry claims that integrating stronger intellectual property protection into free trade agreements would benefit the EU economy.
According to this study, the pharmaceutical industry is the most IP-intensive industry in Europe, followed by the ICT and electronics sector. Trademarks, copyrights, patents, and geographical indications were considered as the relevant IP categories in the study.
Experts discuss IP commercialisation, barriers to domestic innovation at 4th Annual IP Dialogue
Experts and Participants discussed support for intellectual property (IP) commercialization, challenges in fighting the global pandemic, barriers to domestic innovation, and the “next generation” of IP policy discussions in the digital economy at the 4th Annual IP Dialogue.
The US Chamber of Commerce’s Global Innovation Policy Center (GIPC) and US India Business Council, in partnership with the Federation of Indian Chambers of Commerce and Industry (FICCI), virtually convened government and industry leaders for the final session of its 4th annual IP Dialogue. Although the global pandemic continues to affect millions, this year’s dialogue proved to be incredibly impactful, with IP playing such a key role in efforts to study and combat the ongoing global pandemic.
EU Commission puts forward declaration on digital rights and principles
The European Commission is proposing to the European Parliament and Council to sign up to a declaration of rights and principles that will guide the digital transformation in the EU.
The draft declaration on digital rights and principles aims to give everyone a clear reference point about the kind of digital transformation Europe promotes and defends. It will also provide a guide for policy makers and companies when dealing with new technologies. The rights and freedoms enshrined in the EU’s legal framework, and the European values expressed by the principles, should be respected online as they are offline. Once jointly endorsed, the Declaration will also define the approach to the digital transformation which the EU will promote throughout the world.
EU and WTO members strike major deal to simplify trade in services
A group of 67 World Trade Organization (WTO) members, including the EU, have today concluded negotiations on a landmark agreement to cut red tape in services trade. The so-called Joint Initiative on Services Domestic Regulation will simplify unnecessarily complicated regulations and ease procedural hurdles faced by SMEs in particular. This agreement will help reduce the costs of global services trade by more than USD 150 billion every year. This is the first WTO deliverable in the area of trade in services in a very long time. Good regulatory practices are crucial for the functioning of today’s economy.
Protecting U.S. Intellectual Property & Innovation Leadership: December 16, 2021
American innovation leadership rests on a foundation of rewarding breakthroughs through patents and intellectual property protections. The protections provide the incentives that encourage innovators to invest in R&D and create new technologies while also allowing U.S. innovators and companies to lead in setting global technology standards. Now, facing threats to our national security and economic prosperity, it is more important than ever to ensure U.S. technology leadership, protect our vital intellectual property, and set the standards for future critical technologies.
Join the discussion on Thursday, 16 December, 2.00 – 3.00 PM ET and register here.
Brazilian Patent Law Changes to Patent Term
Innovation Council is monitoring changes to the Brazilian Patent Law. The recent Supreme Court ruling, published on May 12, 2021, finding that the sole paragraph of Article 40 of the Brazilian IP Law, which granted a minimum patent term of 10 years from grant, was unconstitutional, has significant implications for patents related to pharmaceutical products and processes, as well as equipment and processes related to healthcare that were granted prior to May 12, 2021. Unlike all other patents granted prior to May 12, 2021, those excepted patents lose the benefit of a minimum patent term of 10 years from grant, and they will expire 20 years from their filing dates. All patents granted after May 12, 2021, will expire 20 years after their filing dates. Delays in the examination of patent applications and the grant of patents after more than 10 years from the filing dates will result in lesser terms of enforcement from those that were entitled to a minimum term of 10 years from grant.
Although the average pendency of patent applications is being steadily reduced by INPI, Brazilian patent applicants should take advantage of procedures implemented by INPI to accelerate the grant of patents and to maximize the term of enforcement of the patent. From an innovator perspective, the Brazilian legislature would do well to accelerate passage of the pending bill, which provides for extension of the patent term in the case of unreasonable delays in examination by INPI.
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