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Friday, 12 February 2010

Around 100 Members of the World Trade Organization attended informal consultations today in Room E (a mainstay of the green room consultations) to discuss the implementation of Paragraph 6 mechanism which was created to be an “an expeditious solution” for “WTO members with insufficient or no manufacturing capacities in the pharmaceutical sector” that faced difficulties in in “making effective use of compulsory licensing under the TRIPS Agreement”.

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The use of the patent system is quite different from country to country. The following table provides the number of WIPO PCT patent filings, by country of origin, from January 2005 to November 2009, per million residents.* The source of the data on PCT filings is the February 2010 version of the WIPO Statistics Database. (WIPO notes the 2009 data are provisional and incomplete). The PCT counts are based on the international filing date and the country of residence of the first named applicant.

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A February 8, 2010 WIPO press release states:

International patent filings under WIPO’s Patent Cooperation Treaty (PCT) fell by 4.5% in 2009 with sharper than average declines experienced by some industrialized countries and growth in a number of East Asian countries.

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In the United States, tax exempt non-profit organizations are subject some some requirements for financial disclosure via the IRS form 990, which is available to the public. The disclosure requirements cover most U.S. based trade associations, including the Pharmaceutical Research and Manufacturers of America (PhRMA), the trade association for some 28 “member” companies.

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As mentioned, before WIPO is holding a symposium on February 8, 2010 on the “Evolution of the Regulatory Framework of Test Data – From the Property of the Intellect to the Intellect of Property”. The symposium will be held from 9:30 AM to 5 PM in Room B of WIPO headquarters.

The program of the symposium can be found here: http://www.wipo.int/edocs/mdocs/mdocs/en/wipo_ip_lss1_ge_10/wipo_ip_lss1_ge_10_inf_1_prov.pdf

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After a around 10 hours of informal consultations today, it appears that the 14th session of the WIPO Standing Committee on the Law of Patents (SCP) has not reached consensus on new items for the Committee’s consideration. From sources close to the negotiation, much of the wrangling dealt with whether to preserve the non-exhaustive nature of the list of issues identified at SCP 12 and SCP 13. Continue Reading →

On January 15, 2010 the Permanent Mission of Brazil to the World Trade Organization and other economic organizations in Geneva submitted a proposal to the World Intellectual Property Organization (WIPO). The Brazilian note verbale to WIPO notes that the proposal:

“aims at contributing to the discussion of exceptions and limitations to patent rights. . . While not purporting to cover all interfaces of the matter with development concerns, it emphasizes the importance of promoting a wide and sustained debate on the issue in the SCP”.

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On December 9, 2009, Wikileaks posted five sensitive documents related to the WHO Expert Working Group (EWG) on R&D Financing:

a non-public draft report of the WHO EWG

a non-public Comparative Analysis done by the EWG

the International Federation of Pharmaceutical Manufacturers & Associations (IFPMA) Overview of the EWG Comparative Analysis

an IFPMA summary slide on the EWG Draft Report

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At the end of a dramatic debate that began yesterday, the Executive Board (EB) of the World Health Organization (WHO) agreed to hold a special consultation on the report of the WHO Expert Working Group (EWG) on R&D Financing. A face-to-face meeting will be held on May 13, a few days before the 63rd WHA begins on 17 May. There will also be opportunities for web submissions on the EWG report. In addition, Dr. Continue Reading →

On Monday, 18 January 2010, Brazil delivered the following statement to the 126th session of the Executive Board of the World Health Organization (WHO) under agenda item 4.3 “public health, innovation and intellectual property”. In her intervention, the delegate of Brazil stressed,

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