Category Blog

Are Foreigners Treated Equally Under TRIPS?

[Gaétan de Rassenfosse, Paul H. Jensen, T'Mir Julius, Alfons Palangkaraya, and Elizabeth Webster] Abstract: The TRIPS Agreement, administered by the World Trade Organisation, ensures the smooth functioning of the international patent system. It promises among others that local and foreign firms are treated in the same, non-discriminatory manner. We test for whether national treatment has been upheld in the five largest patent offices and document the existence of a systematic bias against foreign firms in patent examination decisions. We find that filing international patent applications under the Patent Cooperation Treaty can reduce some of the bias.

Global Drug Diffusion and Innovation with a Patent Pool: The Case of HIV Drug Cocktails

[Lucy Xiaolu Wang] Abstract: ...I study the impact of the first joint licensing platform for drug bundling (the Medicines Patent Pool) on global drug diffusion and innovation. The pool allows generic firms worldwide to sublicense drug bundles cheaply and conveniently for sales in a set of developing countries. I construct a novel dataset from licensing contracts, public procurement, clinical trials, and drug approvals. Using difference-in-differences methods, I find robust evidence that the pool leads to a substantial increase in generic supply of drugs purchased. In addition, the branded-drug makers and other entities, such as public institutions, respond to the pool with higher R&D inputs as measured by clinical trials. The R&D input increase is accompanied by increases in generic drug product approvals. Finally, I estimate a structural model to quantify welfare gains and simulate counterfactuals. The total benefit far to consumers and firms exceeds the associated costs.

Summary of the report of the Canadian Industry, Science and Technology Committee

This post provides a run-through of the report of the Industry, Science and Technology Committee of the Canadian House of Commons, following its review of the Canadian Copyright Act. In total, the committee heard 263 witnesses, and received 192 submissions (and over 6000 e-mails, from both sides of the debate) in a discussion that has had echoes in many other parts of the world. IFLA was among the stakeholders contributing.

The Fifth Global Congress Polis Conversation

Probably some of you were part of the 'Polis' conversation we ran at the last Global Congress in September 2018. Polis is a participated-directed survey tool that we've been using to hold large-scale conversations. We reached out to over 1000 Global Congress alum and current attendees. Some 335 participated over two weeks. The results are not based on and do not have the statistical power of a random sample. Nonetheless, they're individually and collectively a pretty interesting portrait of the community.

How Patent Law Reform Can Improve Affordability and Accessibility of Medicines in South Africa: Four Medicine Case Studies

[C. Tomlinson, C. Waterhouse, Y. Q. Hu, S. Meyer, and H. Moyo] Abstract: South Africa (SA) is in the process of amending its patent laws. Since its 2011 inception, Fix the Patent Laws, a coalition of 40 patient groups, has advocated for reform of SA’s patent laws to improve affordability of medicines in the country... In this article, we explore how reforms proposed in SA’s new intellectual property policy could improve access to medicine through four medicine case studies.

Questions and Answers About South African Copyright Amendments Bill

Our Coalition supports the Bill for a number of reasons. The copyright law in South Africa dates back to 1978, is extremely outdated, and does not address the digital age in which we now operate. Bill promotes three rights which are fundamental to our different stakeholders, namely the right to earn, the right to own and the right to create.

Preview: Creative Commons Summit and Copyright Reform

In Lisbon from 9-11 May people will come together from around the world to participate in the Creative Commons Global Summit. The gathering is a chance for for CC network members, digital rights activists, open content creators, and commons advocates to meet together, share information, and collaborate on projects. Communia’s bread and butter over the last several years has been advocating for a progressive copyright reform in Europe that will protect users rights and improve the legal situation for both creators and institutions that want to share in the digital age.

Laos Copyright Law: EIFL Review and Recommendations

[Electronic Information for Libraries] The updated copyright law, replacing the previous law adopted in 2011, came into effect in Laos in June 2018. WIPO’s Study on Copyright Limitations and Exceptions for Libraries and Archives (SCCR/35/6) found that while the 2011 law in Laos had some basic exceptions allowing certain uses of copyright protected works, there were no explicit library exceptions. Unfortunately, the new law does not remedy the situation, thus leaving libraries to operate without either a specific exception or a general fair use or fair dealing exception that libraries could utilize. The scope of permissible library activities therefore relies on interpretation of other provisions - the exceptions for quotation, illustration, and archiving of electronic copies - and the result is not satisfactory.