Advocating for a world where intellectual
property law serves the public interest.

Analysis: India’s Supreme Court Upholds Strict Patent Standards and Patients’ Right to Access to Affordable Medicines; Court dismisses unmeritorious court challenge by drug giant Novartis

In a stunning victory for poor patients throughout the developing world, the Indian Supreme Court today ruled against a Novartis challenge of a denial of a patent on its cancer medicine Glivec.[1] The Court upheld strict standards in the India Patents Act thereby limiting pharmaceutical monopolies and speeding access to more affordable generic medicines. The […]

Indian Supreme Court Rejects Novartis Appeal; Upholds High Standard for Section 3(d)

[Press Release from the Lawyers Collective (Contact)] In a triumphant victory for patients fighting for access to medicines, a division bench of the Supreme Court of India comprising Hon’ble Justice Aftab Alam and Hon’ble Justice Ranjana Desai, today dismissed Swiss MNC Novartis’ appeal for a patent to Novartis for its anti-cancer medicine, imatinib mesylate (Gleevec). […]

Draft EU Trademark Rules and Goods in Transit

The EU has recently released its new proposal for an update of its substantive trademark protection regime. The proposal has interesting language specifically addressing the conditions under which goods in transit infringe – regardless whether they actually are destined for a domestic market of one of the EU member states – substantive EU trademark law. […]

Trade Negotiator Probir Mehta Discusses “Binding Commitments” on Copyright Flexibilities in the TPP

Yesterday the Washington International Trade Association (WITA) held a panel on “21st Century Issues” in the Trans Pacific Partnership negotiations, which featured speakers on e-commerce/telecommunications, SOEs, regulatory coherence, and intellectual property. According to an account of the discussion on ustr.gov, IP negotiator Probir Mehta “stressed that the U.S. is pushing for binding commitments from TPP […]

National Human Rights Body Recommends Abolishing Three-Strike-Out Rule

[Reposted from http://hurips.blogspot.kr] Today the National Human Rights Commissionof S. Korea published a special report on information human rights. It is the first report comprehensively discussing the progress of information and communication technologies in terms of human rights and providing recommendations for the protection, promotion, and enjoyment of information human rights. In this report, the […]

Senators Baucus and Hatch Write USTR Seeking 12 Years of Data Exclusivity for Biologics in TPP

Sen. Max Baucus (Chairman of the Senate Finance Committee) and Sen. Orin Hatch (the Committee’s Ranking Minority Member) wrote Acting U.S. Trade Representative Demetrios Marantis on March 22 asking for “comprehensive, strong, binding and enforceable” intellectual property protections in the Trans Pacific Partnership. Specifically, the letter from Sens. Baucus and Hatch asks that USTR seek “commitments […]