Global Patent Filings Fall For First Time In Over A Decade: UN
International patent filings declined for the first time in 14 years in 2023, dropping by 1.8% to 272,600 due to higher interest rates and economic uncertainty, according to the United Nations’ World Intellectual Property Organisation (WIPO). This decline, described as a “cyclical phenomenon” by WIPO’s chief economist Carsten Fink, is expected to reverse as economic conditions improve. WIPO Director-General Daren Tang suggested that decreasing inflation rates could boost business confidence and innovation investments, leading to a recovery in patent filings.

China led the Patent Cooperation Treaty (PCT) filings with 69,610, a slight decline of 0.6%. The United States followed with 55,678 filings, a 5.3% decrease. South Korea was the only top-five country to see an increase, with a 1.2% rise to 22,288 filings. India saw the most significant growth, with filings surging 44.6% to 3,791, continuing an upward trend from the previous year. This growth reflects India’s substantial potential for innovation given its large population.

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Updated WHO Pandemic Accord Retains Commitments for Non-Exclusive Licensing and Royalty Waivers

On April 19, the WHO released an updated draft proposal for an international agreement on future pandemic responses. Supported by many member nations, including the US, it contains provisions limiting intellectual property (IP) rights, sparking opposition from lawmakers and pharmaceutical companies. The agreement, expected to be approved at the 77th World Health Assembly in May, emphasizes a One Health approach for resilient health systems and applies between pandemics, not just during them.

The agreement encourages royalty-free technology transfer for pandemic products and calls for transparency in pharmaceutical contracts. It limits IP rights on shared pathogen research under the WHO Pathogen Access and Benefit-Sharing (PABS) System. Despite acknowledging IP’s role in developing pandemic products, the draft mandates that pathogen research shared under the agreement should not result in IP claims.

The draft commits to significant R&D investments and mandates non-exclusive licensing for government-funded R&D. The Biden Administration supports the negotiations, but US lawmakers and industry associations have raised concerns about the potential impact on the global IP infrastructure and pandemic readiness. Doctors Without Borders criticized the agreement for weak technology transfer obligations and insufficient access provisions for communities involved in research trials. The PABS System’s operational details will be finalized by 2026, even if the agreement is approved this year.

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USTR retains India in IP watchlist, says patents of particular concern

The United States Trade Representative (USTR) has retained India on the ‘Priority Watchlist’, citing persistent challenges in protecting and enforcing intellectual property (IP) rights, particularly concerning patent issues. Other countries on the list include China, Russia, Indonesia, Chile, Argentina, and Venezuela. At the 14th ministerial-level meeting of the India-United States Trade Policy Forum (TPF), discussions focused on India’s efforts to modernize its patent system, with recent amendments potentially reducing burdens on patent applicants. However, the USTR emphasized the need for continued reform, monitoring implementation closely, and addressing long-standing IP concerns. Despite India’s efforts to raise awareness and engage with the US on IP issues, challenges persist, including high customs duties on IP-intensive products and inadequate IP enforcement, particularly in pharmaceuticals and trademark counterfeiting. Concerns remain regarding delays in trademark opposition proceedings and examination quality.

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India ranks 42 out of 55 countries in International Intellectual Property Index.

The US Chamber of Commerce released the 12th edition of its International IP (intellectual property) Index. India ranked at 42 out of the 55 countries in the index with an overall score of 38.64 per cent. The United States emerged at the top of the list followed by the United Kingdom and France. “The Index demonstrates the benefits that economies can receive when they adopt robust and enforceable IP standards. Policymakers in India are recognizing the critical link between IP rights and economic activity, which will underscore India’s global competitiveness,” said Patrick Kilbride, Senior Vice President of the U.S. Chamber of Commerce’s Global Innovation Policy Center, in a press statement.

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MINISO Expands Global Reach with First US IP Collection Store Opening in New Jersey in Line with Global IP Strategy

MINISO opened its first IP Collection Store in the US at the American Dream Mall in New Jersey on May 3, 2024. The store features collaborations with popular IPs like Disney and Snoopy and aims to provide a fun and interactive shopping experience.

This opening is part of MINISO’s larger strategy to expand in North America. The company has already opened over 100 stores in the US and plans to keep expanding. They are also focusing on IP collaborations, which have been successful in driving sales.

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Novex Communications Pvt Ltd. Vs Trade Wings Hotels Ltd (Commercial Suit No. 264 of 2022)

Two companies, Novex and PPL, sued restaurants, hotels and malls for playing music without a license. Novex and PPL claimed they had the rights to the music because they had agreements with the music labels.

The defendants argued that Novex and PPL couldn’t sue them because they weren’t registered as copyright societies.

The court ruled in favor of Novex and PPL. The court said that copyright owners can license their music directly without having to register as a copyright society. This case clarifies the rights of music owners in India.

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