Category Archives: Patently BIOtech

Kirtsaeng v. John Wiley & Sons: No Good Deed Goes Unpunished

Supreme Court

The Supreme Court handed Kirtsaeng a victory last week finding his importation and resale of copyrighted books exhausted the copyright under the First Sale Doctrine. In a vain attempt at corporate responsibility, the publishers in this case created two versions of textbooks; a no-frills “Asia edition” to sell at affordable prices to students in less affluent places like Thailand, and a higher quality more expensive version to relatively more affluent students in places like the Read More >

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BIO IPCC Conference Launches Next Week

IPCC Logo

BIO’s IPCC Spring Conference is in San Diego next week, March 25-27.  Find this year’s line-up below and follow me on twitter at @rzwahlen for live tweeting of the panels. Pre-Conference Workshop: Effecting and Managing Change   Sponsored by: Foley & Lardner LLP The panel will discuss lobbying and public messaging about IP. This workshop will provide an overview and illustrative anecdotes on how to lobby Congress and the administration on certain issues. and how to Read More >

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Gene Patents: Common Sense from Down Under

Credit - australiaphotos.co.uk

Oh, crikey! The U.S. Supreme Court is currently reviewing briefs to consider whether preparations of DNA molecules are patentable. Possibly unnoticed to the Justices is a recent decision from the Federal Court of Australia confirming the patentability of ‘isolated’ DNA. The Supreme Court may not take any notice of this Australian case, but those following so-called gene patents can learn a lot from the no-nonsense approach of Aussie patent law. The Australian case focuses its Read More >

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Parallel Importation: A Disincentive for Developing World Access to Medicines

Credit mckaysavage.

Parallel importation serves as a challenge to improving access to medicines in the developing world.  Parallel importation occurs when a country imports a product from a 3rd country to take advantage of a cheaper price than what is present for the same product in-country.  The imports then directly and unfairly competes with the same product sold by the rights holder on the local market. Unfortunately for those most in need of special access to medicine Read More >

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Brazil Patent Policy: At a Crossroads

Photo By: DigiDreamGrafix.com

The Government of Brazil approaches the patent policy crossroads with two ministries wanting to move in opposite directions.  In the last few months, both the Brazilian Patent Office (INPI) and the Brazilian Regulatory Authority (ANVISA) issued proposed rules concerning patents and are sifting through public comments to determine how they will deal with biotech patents. A quirk in Brazilian law requires that the health regulatory authority (ANVISA) must provide “prior consent” on the grant of a pharmaceutical patent.  Traditionally, Read More >

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