Latest development of the gathering of WHO member states to discuss on the recommendations by CWG

The open-ended meeting of the member states of  World Health Organization (WHO) at its Headquarters, Geneva to discuss the recommendations by "Consultative Expert Working Group (CEWG)" on Research and Development, is going to be concluded today. In our earlier article, we have informed the details about the objectives of the meeting. In today's press release, WHO informed that the proposal by "CEWG" is still on the negotiating table. The issue is very complex and it will take more time to build up a consensus among the memberS nations.

WHO circulated a follow-up report of last two days' proceedings of the meeting. The follow-up report admits the urgency of developing a mechanism to provide health facilities to the under privileged section of developing countries at a low cost. Besides it, the other consensus of opinions are :-

• Recognizing the need for enhancing investments in health R&D related to Type II and Type III diseases and the specific R&D needs of developing countries in relation to Type I diseases.
• Recognizing the need for improving monitoring of R&D resource flows, coordination of R&D and priority-setting based on the public health needs of developing countries.
• Recognizing the importance of securing sustainable financing mechanisms for R&D to develop and deliver medical technologies to address the health needs of developing countries.

Iran has included a new proposal in the draft resolution. Their proposal was to establish a "Global Health & Monitoring, Coordination and Financial action Committee" for the development of effective, safe, quality, suitable and affordable health technologies as an alternative of the existing market mechanisms and public policies that fail to deliver the proper health services to the poor people of the world. Iran also said that the formation of this committee should be the initial step of "WHO".

According to some sources, there was clear division between the member states in favor and against the binding of convention. In the opening session, two South Asian Countries, Thailand and Cambodia advocated for strong "Research and Development Treaty". United States and some European Community nations submitted a paper on pilot process of implementation. The paper mentions that the research and funding gaps have been already identified. They advise to start with 2-3 distinct diseases or health conditions.

Some well-known Non-Governmental Organizations (NGO) were also present at the outside the meeting hall to observe the development of the meeting. They requested the delegates to find out a permanent solution to the issue, not a stop gap arrangement.

Viroj Tangcharoensathien of Thailand, chairperson of the meeting will deliver the outcome of the meeting on 29th November in an open session.

History of "Convention of Biological Diversity (CBD)" formation

Biodiversity is the wide varieties of living elements of earth in its natural forms. It includes all the native plants, animals and microorganisms that live in our planet and the process that sustain life on earth. Scientists have become able to recognize only 13 million species among the estimated 100 million species of earth. In different environment and geographical location the pattern of a specific crop or livestock differs. It becomes due to different genetic form of the particular species. Another feature of the biodiversity is ecosystem. An ecosystem is a community of organisms that interact with each other and non living components for sustainable development and adaptation to changing conditions. There are different ecosystems depending on the environment of the location. The biodiversity plays a great role to the economic and social development of human society. According to a report of the Convention of earth, “at least 40 per cent of the world’s economy and 80 per cent of the needs of the poor are derived from biological resources. In addition, the richer the diversity of life, the greater the opportunity for medical discoveries, economic development, and adaptive responses to such new challenges as climate change”. Biodiversity includes all the natural properties of the earth. In principle it has been recognized that the local people are the sole proprietor of the indigenous genetic resources.

A new trend has been developed in the free trade economy. Most of the UNO members have admitted that the biodiversity is a global asset. Unfortunately, ecosystem and the species of the earth are decaying at an alarming rate due to human activities. In this context, most of the countries felt the need to formulate a guideline to protect the biodiversity of our planet. United Nations of Environment Program (UNEP) set up a working group of experts on environment protection to assess the need of a convention for the protection of biodiversity and fix the agenda of the convention. The expert committee emphasized on two points. One is “sharing the cost and benefits between the developed and developing nations” and the other is “protecting the innovation by local people”.

In February 1991, the expert committee was renamed as Intergovernmental Negotiating Committee. In November 1992, the committee was dissolved after adopting the agreed text of the “Convention on Biological Diversity” in Nairobi Conference. The signature of the Convention was opened on for 5^th June, 1992, at Rio Earth Summit and closed on 4^th.June, 1993. Total 168 countries signed the convention. The convention starts its work from 29^th December, 1993. The first session of the Convention took place at Bahamas from 28 November – 9 December, 1994.

“Convention of Biological Diversity (CBD)” is another bold step of the world community for conservation of nature and fair sharing of the benefits arising from the use of genetic resources.

IP Summit Trademarks

IP Summit Trademarks

Alicante, Spain

Monday 10 and Tuesday 11 December 2012

After Patent protection and business, that will be dealt with in Brussels on 6 and 7 December 2012, and in partnership with the Office for the Harmonization in the Internal Market (OHIM), the 5th Pan-European IP Summit will focus on Trademarks & Enforcement during two full days in ALICANTE, Ciudad de la Luz, on 10 and 11 December 2012.

With its usual perfect mix of Keynote speeches, Plenary sessions and workshops, the IP Summit Trademarks will REGENERATE your vision and practice of trade marks and, hopefully, help to regenerate the trade mark system itself.

Thanks to a tailor made social programme, you will also get to know Alicante better: la Ciudad de la Luz has the most wonderful Mediterranean light and its web of SMEs from different industries (gastronomy, toys, shoes, etc.) makes it a lively city, where culture and architecture play a prominent role.


Workshops: 6 Keynote and Plenary sessions, 9 streams, 21 workshops

Angle: the Premier Cercle model: business-focused, horizontal / vertical topics, benchmarks and case studies

Keynote and Plenary topics to:
• draw perspectives for the future of EU Trade marks,
• envisage them in their global economic context (Looking ahead: Industrial Policy, Innovation & IP),
• think business (Creative Brand Strategies, IP to Boost Trade & Investment),
• address the essential challenge of the online environment

Prices list
Standard fee : EUR 1,490.00 HT
Earlybird : EUR 999.00 HT
until 20-Jul-2012
IP Summit Patent + IP Summit Trademark : EUR 1,790.00 HT
EUR 1,790.00 HT until 20-Jul-2012

Website:   http://www.premiercercle.com/index.php?item=event-details&ide=156

Email: bd@premiercercle.com

IP Summit Patents / Brussels

IP Summit Patents / Brussels

Brussels, Radisson Blu Royal Hotel

Thursday 6 and Friday 7 December 2012

Certainty
This is one word you want to hear when it comes to patents. It is also one of the concepts that have given life to the America Invents Act. On the legal and IP side, certainty means less bad patents which can get invalidated when they are brought to courts. On the business side, certainty adds value in raising attractiveness for potential buyers and licensors. So, whether you're planning to enter M&A deals or to enforce your rights, you need related patents to be appropriately asserted.

Now the bad news is that outside of a legal framework, uncertainty is nearly everywhere. First, the economic climate remains weak. Period. Second, the patent systems don't always live up to the expectations in many countries, including some of the BRICS which are attracting lots of investments. Sure the number of patent applications in China has risen by 33% last year, while the same index in Brazil and India has also grown by two-digit percentage figures. But do these systems provide the same level of confidence than in Europe and the U.S.? Which ones are safe havens? How can you work out solutions to protect your IP in these places? Let's hear what our speakers will have to say.
Third, uncertainty sometimes is also set within the legal framework, even in the most developed countries. Let's provide an example. Antitrust, which is a state function, generally tells that monopolies should be fought. Patents, which are also granted by states, are monopolies. What should be decided now? Reasonably, an appropriate balance must be sought. The IP Summit will be naturally open to such debates, in order to help resolve as much controversies as possible.
Efficiency
This is what your business needs right now. It is also what the European Commission has been promising since decades with what is now called the Unitary Patent. Efficiency means better productivity at lower costs, and this is exactly one of the drivers towards greater European competitiveness.
Although the European Unitary Patent has never been as close to completion as it is today, it may also never see the light of day. At best, if all goes well, the first applications could be made towards the end of the decade. Until then, this leaves corporate IP departments and small businesses with the existing patent systems, which are still running well after all.
Consequently, the fast track to patent efficiency resides - in fact - in rationalizing IP management and giving a major boost to IP exploitation. Doing so is not as easy as it seems. One must develop a vision, take wise decisions notably regarding valuation, monitor the assets portfolio, benchmark the competition, rethink processes, perform due diligences and audits, consider sometimes IP outsourcing, collaborative strategies such as Open Innovation, and know how to motivate the board members into integrating IP more tightly with corporate strategies.
Thanks to IP Summit's workshops, you will gain practical business advice over the course of dozens of testimonials from knowledgeable industry experts. Combined with networking experience, you will learn a lot of opportunities to reload your patents, and to add them more…

Value
Certainty, efficiency and value: that's what the IP Summit 2012 will offer you this year. S
Prices list
Standard fee : EUR 1,490.00 HT
Earlybird : EUR 999.00 HT
until 20-Jul-2012
IP Summit Patent + IP Summit Trademark : EUR 1,790.00 HT
EUR 1,790.00 HT until 20-Jul-2012

Website : http://www.premiercercle.com/index.php?item=event-details&ide=155

Email : fm@premiercercle.com

Effective and Practical Strategies for Prosecuting and Litigating Biotech Patents in an Increasingly Uncertain Legal Environment

The ongoing implementation of the America Invents Act and a massive upheaval of subject matter patentability signal that this continues to be a period of intense uncertainty for the biotechnology and pharmaceutical fields. Nevertheless, demand for biotech products continues to grow and innovation proceeds at a breakneck pace.  To ensure that your company stays on the cutting edge, your patent strategies must evolve to meet new demands placed on your IP protection, and our forum on Biotech Patents will help you develop techniques to rise to the challenge.
ACI’s 14th Advanced Forum on Biotech Patents brings together another top-notch faculty of expert biotech patent practitioners who will share their experience and knowledge to help you avoid pitfalls and maximize the value of your intellectual property.  Do not miss the opportunity to hear experienced in-house counsel and private practice attorneys share thoughts and advice on strategic patent filing and effective defense of IP rights.  Topics to be discussed include:

•                Analyzing the PTO’s efforts to apply the America Invents Act, including how the September 16th implementation date has impacted procedure and their plans for the looming March 16th institution of the first-to-file regime.

•                Investigating how the Supreme Court’s Prometheus decision will affect personalized medicine and considering outcomes of the Myriad case and what that could mean for biotechnology.

•                Devising a biologic patenting strategy in the wake of the FDA’s newly issued biosimilar pathway regulations.

Enhance Your Learning Experience at the Pre- and Post-Conference Workshops
To accompany your overall experience, PTO examiners and industry leaders will guide you through changes at the PTO at our in-depth pre-conferenceInteractive Working Group Session: Integrating Changes at the PTO into Biotech Patent Practices.
In addition, our post-conference Master Class on Successful and Practical Strategies for Patenting Antibodies utilizes an expert faculty to assist you in protecting and promoting products that are central to the biotech industry.
In such uncertain times this industry-leading even is sure to sell out, so be sure to reserve your spot today.  Register now by calling 888.224.2480; by faxing your registration form to 877.927.1563; or register online atwww.americanconference.com/biotechpatents.

Website : www.americanconference.com/biotechpatents

Email: customercare@americanconference.com

ESG filed Public Interest Litigation (PIL) before the Karnataka High Court on BT patent

On 5th June, 1992, 150 nations signed an agreement in Rio Earth Summit to protect the Biodiversity of our planet for the sustainable growth. The main objective of the agreement was conservation of biological diversity, the sustainable use of its components and fair and equitable share of its benefits arising out of the utilization of genetic resources including by appropriate access to genetic resources and exchange of technologies. India was one of the signatories of the agreement. Indian Parliament legislate a new law for conservation of biodiversity in the line of the said agreement. The law named as "The Biological diversity Act (2002)" came into force in the year 2003. The law empowered the "National Biodiversity Authority" to regulate the commercial utilization of Indian Biological resources. On 8th November 2006,Ministry of Environment and Forests formulated a guideline for International Collaboration of Research Project involving transfer or exchange of Biological Resources or Information between institutions including government sponsored institutions and such institutions in other countries. 
    
          In the meantime, a tripartite agreement between Mahyco (a subsidiaries of US multinational Monsanto), the University of Agricultural Sciences, Dharwad (UAS) & Sathguru Management Consultants (P) Ltd for the development of pro-poor brinjal, popularly known as genetically modified BT brinjal. The agreement was criticized by the environment activists. Not only that, the farmers and the common people started violent protest against the agreement. Their allegation was that BT brinjal were not safe for the environment of the country and it was not fit for human consumption. The then Environment Minister Jairam Ramesh announced the moratorium of the issue.  Again in 2009, the Genetic Engineering Approval Committee approved and granted the permission for  releasing genetically modified BT brinjal ignoring the voices of the common people.
    
        In this context, a Bangalore based NGO, Environmental Support Group (ESG) submitted a petition to Environment Minister Jairam Ramesh mentioning that BT Brinjal is a bio-piracy product. Being disgusted by the apathetic and stubborn attitude of the Government, ESG filed a complaint with Karnataka Biodiversity Board on February, 2010, mentioning that local varieties of brinjal were used for the development of BT Brinjal and it was a clear violation of National Biodiversity Act, 2002. Karnataka Biodiversity Board forwarded the petition to National Biodiversity Board (NBA) with their comments that the argument of the petitioner was correct according to their findings.  After a long delay, NBA decided to take the legal action against the concerned parties on the ground that local varieties of brinjal were used for the development of BT Brinjal.  However, the Government and NBA were avoiding the legal action citing various pleas.
    
          ESG at last filed a Public Interest Litigation (PIL) before the Karnataka High Court after waiting for more than a year over the non-prosecution of bio-piracy by Monsanto's subsidiary Mahyco. They accused against the National Biodiversity Authority, the Union of India, the Ministry of Environment & Forests, the State of Karnataka & the Karnataka State Biodiversity Board. The Principal Bench of the High Court of Karnataka (comprising Chief Justice Mr. Vikramjit Sen and Justice Mrs. B. V. Nagarathna) today ordered issue of notice in the Public Interest Litigation (Writ Petition No. 41532/2012) filed by Environment Support Group, Bangalore (ESG) and listed the matter for further consideration for the fourth week of January 2013.

WHO open ended meeting to discuss the latest recommendation by "Consultative Expert Working Group (CEWG)" on Research and Development

 An open ended meeting of World Health Organization (WHO) will be held at Geneva from November 26, 2012 to November 28, 2012. The main objective of the meeting is to analyze the report and the feasibility of the recommendations proposed by the "Consultative Expert Working Group (CEWG)" on Research and Development and to develop the proposals or options relating to research coordination, financing, and monitoring of research and development expenditures. Besides it, there are also other agenda like election of the officers. In this article, we will discuss the WHO concept of new models for financing the research and development for neglected diseases that affects the poor people of developed countries.
    

         The 58th Session of WHO decided to establish an intergovernmental working group according to the recommendation of the Commission on Intellectual Property Rights, Innovation and Public Health. The responsibilities of the working group will be to examine the financing and coordinating the research and the development for providing medical facilities to the under privileged section of the developing countries. The 59th Session World Health Assembly agreed to establish an intergovernmental working group as per the recommendation of 58th Session. The Intergovernmental Working Group on Public Health, Innovation and Intellectual Property (IGWG) adopted a comprehensive plan on public health, innovation and intellectual property after prolonged discussions between December2006 to May 2008. The "Expert Working Group (EWG) on R&D: Coordination and Financing, was established to implement the recommendations of "IGWG" in November, 2008. "EWG" submitted its final report to 63th World Health Assembly in 2010. Most of member states from the developed countries raised objection to the reports. Their grievances were

• "EWG" had failed to give the proper attention to the need to delink the costs of research and development from the price of health products.
• The committee did not study elaborately on the broader aspect of health system barriers that provided the limited access to care.
• There was no proposal to improve the mechanism of coordination among the member states.

         To pacify the agitating nations the 63th World Health Assembly decided to establish "Consultative Expert Working Group (CEWG)" in 2010.
CEWG held three meetings after its formation. All the meetings were held in Geneva from April, 2011 to November, 2011. The details of the meeting can be obtained from the following links:- 
First CEWG meeting,, Second CEWG meeting, and Third CEWG meeting. 

     The developed nations are eagerly waiting for the outcome of the meeting. They are expecting that an effective step will be taken to eradicate the common diseases of the third world.