{"id":68824,"date":"2020-05-18T12:58:50","date_gmt":"2020-05-18T07:28:50","guid":{"rendered":"http:\/\/localhost\/one\/?p=68824"},"modified":"2025-06-30T12:20:18","modified_gmt":"2025-06-30T06:50:18","slug":"remdesvir-patent-trips-flexibilities-epo-plant-animal-patentability","status":"publish","type":"post","link":"https:\/\/www.bananaip.com\/intellepedia\/remdesvir-patent-trips-flexibilities-epo-plant-animal-patentability\/","title":{"rendered":"COVID crisis threatens Gilead’s patent on Remdesvir, EPO\u2019s Enlarged Board of Appeal issues opinion on plant and animal patentability, India asks G20 to establish agreement enabling use of TRIPS flexibilities and other patent news"},"content":{"rendered":"

In this week\u2019s Patent News \u2013 India asks G20 members to establish an agreement that enables the use of TRIPs flexibilities; EPO\u2019s Enlarged Board of Appeal issues opinion on plant and animal patentability; China launches IP Law Enforcement Action Plan for 2020;\u00a0 WHO and Costa Rica to launch COVID-19 technology pooling initiative this month and other news updates.<\/span><\/p>\n

INDIA PATENT NEWS<\/span><\/h2>\n

India asks G20 members to establish an agreement that enables the use of TRIPs flexibilities<\/span><\/strong><\/p>\n

During a recent virtual G20 Trade and Investment Ministers meeting, the Minister of Commerce and Industry, Piyush Goyal, asked G20 members to establish an agreement to enable the use of flexibilities provided under the TRIPs. With the objective to offer easy and affordable access to essential medicines, treatments and vaccines, the Minister requested the members to provide PPE\u2019s and other healthcare requirements to those in need of it. The Minister believes that an agreement will open doors for countries to issue compulsory licenses and aid the manufacture of generic medicines.<\/span><\/p>\n

Health advocacy groups ask Government to revoke Gilead\u2019s patent protecting Remdesvir<\/span><\/strong><\/p>\n

Health advocacy groups have reportedly asked the Indian Government to revoke the patent given to Gilead Sciences for the drug Remdesvir. Gilead currently holds three patents in India for the drug which was first developed to combat Ebola. According to a recent announcement made by Gilead, the pharma giant has signed non-exclusive licenses with five generic drug manufactures in India and Pakistan. The licensing deal allows the companies to manufacture and sell the drug in 127 countries. As reported by Aljazeera, the health advocacy groups believe that the essential COVID-19 drug might not be made available to all countries in need of it if the generic companies find the market to be \u201cnon-profitable.\u201d Gilead\u2019s patents for the drug currently allows the company to exclusively manufacture and sell Remdesvir in the country until 2035.<\/span><\/p>\n

INTERNATIONAL PATENT NEWS<\/span><\/h2>\n

EPO\u2019s Enlarged Board of Appeal issues opinion on plant and animal patentability<\/strong><\/span><\/p>\n

On 14th<\/sup> May 2020, the Enlarged Board of Appeal, EPO\u2019s highest level of judicial authority, issued its opinion on the questions raised by EPO President, Ant\u00f3nio Campinos, regarding the patentability of plants and animals in Europe. On 4th<\/sup> April 2019, the EPO President had referred the following questions to the Enlarged Board of Appeal under Article 112(1)(b) EPC:<\/span><\/p>\n

    \n
  1. Having regard to Article 164(2) EPC, can the meaning and scope of Article 53 EPC be clarified in the Implementing Regulations to the EPC without this clarification being a priori limited by the interpretation of said Article given in an earlier decision of the Boards of Appeal or the Enlarged Board of Appeal?<\/em><\/span><\/li>\n
  2. If the answer to question 1 is yes, is the exclusion from patentability of plants and animals exclusively obtained by means of an essentially biological process pursuant to Rule 28(2) EPC in conformity with Article 53(b) EPC which neither explicitly excludes nor explicitly allows said subject-matter?<\/em><\/span><\/li>\n<\/ol>\n

    In reference to these questions, the Enlarged Board of Appeal issued its opinion G 0003\/19 and has said that plants and animals exclusively obtained by means of an essentially biological process are excluded from patentability under the European Patent Convention. In the words of the Enlarged Board, \u201cpatentability of essentially biological processes for the production of plants or animals in Article 53(b) EPC has a negative effect on the allowability of product claims and product-by-process claims directed to plants, plant material or animals, if the claimed product is exclusively obtained by means of an essentially biological process or if the claimed process features define an essentially biological process.\u201d<\/span><\/p>\n

    The Board has also said that the \u201cnegative effect\u201d does not apply to European patents granted before 1 July 2017 and European patent applications which were filed before this date and are still pending.<\/span><\/p>\n

    You may click here<\/a><\/strong><\/span> to access the complete G 0003\/19 decision.<\/span><\/p>\n

    WHO and Costa Rica to launch COVID-19 technology pooling initiative this month<\/strong><\/span><\/p>\n

    As per a recent press release, the World Health Organization, the Presidents of Costa Rica and Chile have announced the launch of a new technology pooling initiative to provide equitable access to COVID-19 health products. The initiative which was first proposed by the Costa Rican government will be launched on 29th<\/sup> May 2020. WHO Director General, Dr. Tedros Adhanom Ghebreyesus believes that everyone must have access to innovations without any restrictions. The Director has also said that it is likely that traditional markets will not have the power to meet the global requirements, therefore, solidarity will be the way forward. The official press release explains that the initiative will create a voluntary pool of data, knowledge and IP for existing and new COVID-19 related products.<\/span><\/p>\n

    In addition to the launch of the new platform, a Solidarity Call to Action will be published on the WHO website. Governments, researches, companies and institutions can use this to express their support.<\/span><\/p>\n

    You may click here<\/a><\/strong><\/span> to access the official press release.<\/span><\/p>\n

    China launches IP Law Enforcement Action Plan for 2020 called \u201cIron Fist\u201d<\/strong><\/span><\/p>\n

    The State Administration for market Regulation (SAMR), China, announced the release of a new Intellectual Property Law Enforcement Action Plan for 2020 named \u201cIron Fist.\u201d The new IP Law Enforcement essentially contains four key Action Plans, namely:<\/span><\/p>\n