Commercialization Memoranda

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Will the Obama administration’s recently issued memoranda have a noticeable effect on technology transfer, IP commercialization and small business growth?


With his Jobs Bill still pending in Congress, on October 28th President Obama announced a series of measures and instructions to the federal government and its agencies to try and help stimulate the economy. The measures were outlined in two presidential memoranda: “Accelerating Technology Transfer and Commercialization of Federal Research in Support of High-Growth Businesses” (Memoranda 1) and “Making ...

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Taming the wild west at the expense of the online frontier?

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ACTA implies a role for internet service providers as gatekeepers for the spread of illegal content online. But the fiery issue of defining actual responsibilities for ISPs – if any – is left to national policymakers.

The US Congress has jumped into the fray with the Stop Online Piracy Act (SOPA) and Protect IP Act (put forth by the House and Senate, respectively). But as it stands, it’s a zero sum game for either content providers or ISPs.

Do policymakers have ...

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From compulsory licensing to voluntary transfer?

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Bristol-Myers Squibb announced a technology transfer agreement with the Brazilian Ministry of Health to expand access to the HIV drug atazanavir. The agreement is designed to build the capacity and skills required for the Brazilian government to become, over time, the sole manufacturer of atazanavir in Brazil.

Does this mark a shift in Brazil’s HIV/AIDS pharmaceutical policy, which in the past was marked by aggressive negotiation with manufacturers and threats of compulsory licensing?

For further details, see:

http://www.news-medical.net/news/20111113/Brazilian-Ministry-of-Health-Bristol-Myers-Squibb-sign-technology-transfer-agreement-for-Reyataz.aspx

http://www.ntn24.com/news/news/brazil-start-producing-anti-hiv-drug

 

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If you can’t beat them, join them! A $414M patent infringement lesson

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After LG’s infringement of Kodak’s patents in 2009, the company has signed a deal with Intellectual Ventures for access to their patents. IV is considered a giant in the intellectual property database arena and has 35,000 patents to access. With such a broad scope of patents, LG can now join RIM, Samsung and HTC and position itself in the growing and competitive cellular market. Patents are often a hidden aspect of technology, where treading on someone else’s patent toes is very likely.

With access to ...

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Demand Side Innovation in Europe? Dream on!

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Demand Side Innovation in Europe? Dream on! A recent seminar organized by the Polish EU Presidency emphasized the need for supporting demand-side innovation policies in Europe, arguing that “without effective and coordinated demand-side innovation policies, Europe will find it hard to survive in the tightening competition over future business investments.” Yet at the same time, more than a decade after it was launched, many EU Member States have still not hit the basic Lisbon Agenda target of 3% of GDP ...

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On numbers and access to medicines

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Will the proposed Preserve Access to Affordable Generics (PGGA) Act actually generate the $4.8 billion savings over 10 years that the Congressional Budget Office suggests it will? How realistic are its assumptions about generic competition or healthcare costs over the next ten years?

The CBO’s savings estimate of a new bill restricting the use of patent settlement agreements which reward generic manufacturers for delaying market entry and avoid litigation under the ANDA approval pathway is exaggerated. It assumes that savings from ...

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Historically confused? Google’s lawyer accuses Microsoft of abusing the patent system

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Yet his arguments (especially about the era of steam traction innovations) are historically inaccurate. History suggests that early 19th century (and even late 18th century) patent blocking and inventing around were typical practices. Indeed the fact is that there is nothing new under the sun…just different players – read Machlup, F. An Economic Review of the Patent System, Study of the Subcommittee on Patents, Trademarks and Copyrights of the Committee on the Judiciary, United States Senate, 85th Congress, Second Session, ...

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Cap and Innovate?

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California’s introduction last month of a cap-and-trade system to limit and reduce the emissions of carbon dioxide and other pollutants may mark a new phase in the American climate change debate. The decision by the California Air Resources Board to put a price on heat-trapping pollution and allow polluting industries to trade carbon credits adds to California’s already substantial number of climate changes related laws and regulations.

The key question is, of course, if it will lead to an increase ...

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Why not go the whole 9 yards?

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If the proposed Preserve Access to Affordable Generics Act will generate savings for the US of $4.8 billion over 10 years (which is much less impressive when calculated on an annual basis, and that is without calculating the costs to the US economy by the negative implications of this legislation), why not go the whole 9 yards and axe the 180 days of market exclusivity to the first generic drug? After all, such a step could generate far greater savings ...

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Defensive patenting the answer?

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Amazon is the latest in a long line of technology companies to see a marked increase in the number of patent and IPR lawsuits launched against it. Last week the BBC reported that the global retailer’s Kindle and online sales system is being accused of infringing other companies’Def IP.

Will Amazon, like Google, now start a patenting spree of its own to better protect itself from future claims?

To read more, see http://tinyurl.com/5w6n7pt.

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