India Grants a Compulsory Licence of Bayer’s Patented Cancer Drug: The Issue of Local Working Requirement

post by Enrico Bonadio The report analyses the first compulsory licence granted by the Indian government. The author argues that the decision adopted by India might be in violation of the non discrimination principle enshrined in Article 27(1) TRIPS Agreement For the full report see here.

Patentability and Human Embryos: Case C-34/10 Oliver Brüstle vs. Greenpeace

Post by Chiara Berneri Photo: euthman (CC via flickr) In a judgment on the 18th of October 2011, Oliver Brüstle vs. Greenpeace (Case No.  C-34/10), the European Court of Justice found that destructive research on human embryos cannot be patented. The Court established a broad definition of  “human embryo” stating that cells that have the … Continue reading

Medical Methods, Risks to Public Health and Exclusion from Patentability

Post by Enrico Bonadio On 15 February 2010 the Enlarged Board of Appeal (EBA) of the European Patent Office (EPO) released an important decision regarding the exclusion from patentability of certain surgical methods. The EBA held that the presence of health risks is material when verifying whether invasive surgical methods should be excluded from patentability, … Continue reading

Crop Breeding and Intellectual Property in the Global Village

The number of countries that grant intellectual property rights (IPRs) to agricultural products and processes is growing. Such a move has been prompted by the adoption of two major international treaties, i.e. the UPOV Convention and the TRIPs Agreement.However, the use of IPRs in crop breeding raises important issues, such as food security and biodiversity … Continue reading

Protecting Intellectual Property Rights Through EU Customs Procedures

This article addresses the EU legislation on customs action against goods suspected of infringing intellectual property rights (IPR) and in particular Council regulation No 1383/2003 of 22 July 2003. Preliminarily, it deals with the impact of counterfeiting activity and the ways counterfeit and pirated goods are usually marketed. Reference is made to the relevant regulations … Continue reading

Climate Change and Intellectual Property

The article first highlights the poor results obtained by climate change conferences with reference to Environmentally Sound Technologies (ESTs). It stresses that such conferences (eg Copenhagen) do not make specific reference to intellectual property rights (IPRs) as a necessary tool to stimulate the transfer of climate technologies, especially to developing countries. The author argues that … Continue reading