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.

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

Seizures of In-Transit Generics at the EU Borders: India and Brazil v. The EU

Post by Enrico Bonadio On May 2010 India and Brazil filed a complaint at the WTO claiming that customs rules in the EU, Regulation 1383/2003 in particular, recently allowed customs authorities to detain certain lots of Indian generics in transit to non-EU states. India and Brazil maintain that these measures contradict relevant TRIPS and GATT … Continue reading

IP Provisions of the EU-Central America Association Agreement and Development Issues

The recent Association Agreement signed between the European Union and Central American countries contains important intellectual property provisions.Some of these provisions have been inserted in the treaty to meet Central America states’ needs, especially with reference to technology transfer issues, the protection of public health and the protection of genetic resources and traditional knowledge.For the … Continue reading

Do You Mind My Smoking? Plain Packaging of Cigarettes Under the TRIPS Agreement

Plain packaging, a new tobacco control tool that is currently being considered by a growing number of countries, mandates the removal of all attractive and promotional aspects of tobacco product packages. As a result, the only authorized feature remaining would be the use of brand name, which would be displayed in a standard font, size, … Continue reading