exist only online. Most consumers, and most products, remain emphatically embedded in the real world. Several of the articles in this issue look at developments in patent law, perhaps most notably in the pharmaceutical arena. India’s controller general of patents recently issued its first compulsory licence for a drug, in a move that raises all sorts of questions. What obligations do patent-owning pharma companies have to ensure their drugs are as widely accessible as possible? At what point, if ever, is it right for governments to intervene? What are the potential consequences for innovation if compulsory licences become more common?
On a related but distinct note, several pieces in the World IP Review Annual 2012 look at the complex relationship between licensee and licensor, and what happens when that relationship breaks down. Licensees need to tread very carefully when drawing up contracts, especially because such contracts will need to be monitored and enforced firmly, but sensitively.
Our world is getting busier. It is not just the Western economies which rely on IP to lubricate the engines of commerce. Developing economies are catching up, and
in some cases have already surpassed their Western counterparts in terms of patents and trademarks filed. With consumer spending on the rise in much of the world (despite the prevailing economic climate), the challenge for brands to differentiate themselves has never been more acute. If everyone is shouting, it becomes ever harder to be heard above the clamour, to find a distinctive voice. Several of the pieces in the World IP Review Annual 2012 look at how brands are using trademarks innovatively, to stand out from the crowd, and how, in some cases, competitors and courts are limiting the scope of IP protection such innovations can enjoy.
In a changing world, someone is always going to be ahead of the curve, and someone else will always be behind it. The task—for courts and law enforcement as well as brands and consumers— is how to ensure that when the next challenge arises, they are in the best position to meet it.
I hope you enjoy the World IP Review Annual 2012, and look forward to hearing your feedback.
Peter Scott Editor
www.worldipreview.com
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