Zimbabwe should simplify its IP laws, says government official – The Zimbabwean

Zimbabwe should simplify its IP laws to benefit inventors, a government official has said in the run-up to an IP conference in the country.

Speaking at a media conference yesterday, November 4, secretary in the Ministry of Justice Legal and Parliamentary Affairs, Virginia Mabhiza, said “though Zimbabwe has legal frameworks which cater for IP, it is high time the country simplifies it for the understanding of beneficiaries”.

She said to do this, the country needs to raise awareness about the laws that currently exist in the country, as well as clarify them.

“We all know there is a value chain in order for one to benefit from IP. For instance, if a song by a local artist is also listened to in the US, how does the artist get their royalties? These are some of the laws that we should simplify so that beneficiaries will appreciate them and earn money from,” Mabhiza said.

The news, reported by the country’s state-controlled broadcaster, Zimbabwe Broadcasting Corporation, comes shortly before Zimbabwe is set to host the WAO Conference on Innovation, IP and Value Addition for Business Competitiveness and Sustainable Development in Africa from November 5-8.

The conference is in collaboration with the World Intellectual Property Organization and the Zimbabwe IP Office.

“We are looking forward to this conference for it encourages a pro-IP attitude which will help in building IP in all spheres of business and research,” Mabhiza said.

She added: “We hope it will provide an ideal platform for sharing views and ideas as well as improving the understanding of the importance of IP for sustainable development.”

More than 100 elephants die amid severe drought in Zimbabwe – The Zimbabwean

In this Oct, 27, 2019, photo, an elephant walks next to a carcass of another elephant in an almost dry pool that used to be a perennial water supply in Mana Pools National Park, Zimbabwe. AP

Mana Pools, Zimbabwe — Weak from hunger and thirst, the elephant struggled to reach a pool of water in this African wildlife reserve. But the majestic mammal got stuck in the mud surrounding the sun-baked watering hole, which had dramatically shrunk due to a severe drought.

Eventually park staff freed the trapped elephant, but it collapsed and died. Just yards away lay the carcass of a Cape buffalo that had also been pulled from the mud, but was attacked by hungry lions.

Elephants, zebras, hippos, impalas, buffaloes and many other wildlife are stressed by lack of food and water in Zimbabwe’s Mana Pools National Park, whose very name comes from the four pools of water normally filled by the flooding Zambezi River each rainy season, and where wildlife traditionally drink. The word “mana” means four in the Shona language.

At least 105 elephants have died in Zimbabwe’s wildlife reserves, most of them in Mana and the larger Hwange National Park in the past two months, according to the Zimbabwe National Parks and Wildlife Management Authority. Many desperate animals are straying from Zimbabwe’s parks into nearby communities in search of food and water.

Zimbabwe Wildlife Drought In this Oct, 27, 2019, photo, the carcass of a buffalo lies on the edges of a sun baked pool that used to be a perennial water supply in Mana Pools National Park, Zimbabwe. AP

Mana Pools, a UNESCO World Heritage Site for its splendid setting along the Zambezi River, annually experiences hot, dry weather at this time of year. But this year it’s far worse as a result of poor rains last year. Even the river’s flow has reduced.

The drought parching southern Africa is also affecting people. An estimated 11 million people are threatened with hunger in nine countries in the region, according to the World Food Program, which is planning large-scale food distribution. The countries of southern Africa have experienced normal rainfall in only one of the past five growing seasons, it said.

Seasonal rains are expected soon, but parks officials and wildlife lovers, fearing that too many animals will die before then, are bringing in food to help the distressed animals. The extremely harsh conditions persuaded park authorities to abandon their usual policy of not intervening.

Each morning, Munyaradzi Dzoro, a parks agency wildlife officer, prays for rain.

“It’s beginning to be serious,” he said, standing next to the remains of the elephant and buffalo. “It might be worse if we fail to receive rains” by early November. The last substantial rains came in April, he said.

An early end to a “very poor rainy season” has resulted in insufficient natural vegetation to see the animals through, said Mel Hood, who is participating in the Feed Mana project, which is providing supplementary feeding.

Zimbabwe Wildlife Drought In this Oct, 27, 2019, photo, a bird stands on a sun-baked pool that used to be a perennial water supply in Mana Pools National Park, Zimbabwe.AP

Most of the animals in Mana Pools “are more or less confined to the barren flood plains,” where temperatures soar to 113 degrees Fahrenheit,she said.

Separated from neighboring Zambia by the Zambezi, the region’s once reliable sources of water have turned into death traps for animals desperate to reach the muddy ponds. Like the elephant and buffalo, many other animals in the park have gotten stuck in the clay while trying to reach Long Pool, the largest of the watering holes at 3 miles (5 kilometers) long.

The animals were pulled out by rangers, but they could not survive predators on the pounce for weak prey.

“The carnivores attacked it from behind,” Dzoro said of the buffalo. The elephant carcass had been there for almost a week and emitted a strong stench as flies feasted on it.

At just 5% of its normal size, Long Pool is one of the few remaining water sources across the park’s plains. On a recent day, hippos were submerged in some puddles to try to keep their skin from drying out in the extreme heat while birds picked at catfish stranded in the mud.

Two others of Mana’s pools have completely dried up, while the third is just 20% to 30% of its usual size and dwindling, Dzoro said.

There are more than 12,000 elephants roaming Mana’s flood plains as well as an abundance of lions, buffaloes, zebras, wild dogs, hyenas, zebras and elands. The animals are visibly affected by the drought. Some impalas show signs of skin mange. In addition to the land animals, the park has 350 bird and aquatic species, according to the parks agency.

In other parts of Mana, park authorities are pumping water from deep boreholes, but the supplies are barely enough, he said.

“We used to say nature should take its course,” Dzoro said of the park’s normal policy of not intervening and allowing the ecosystem to find its own balance.

“We are now forced to intervene, which is manipulative conservation, because we are not sure when and how we will receive the rain. To avoid losing animals we have to intervene to maintain population sizes,” Dzoro said.

With the acacias, other indigenous trees and grasses that provide the bulk of food for herbivores like elephants and buffaloes also decimated by the drought, authorities began supplementary feeding in July.

Trucks and tractors ferry hay to various locations in the 2,196- square-kilometer (848-square-mile) park. In some spots, elephants, buffaloes and zebras are fed next to each other. The Feed Mana project has so far trucked 14,000 bales to the park, said Hood, the animal welfare campaigner.

The group has been appealing for “urgent” donations of items such as soy bean hay, grass and cubes made of nutritious grains and molasses.

“Although it may not be enough to stave off all the hunger pangs, it is certainly giving these animals a chance to survive until conditions improve,” Hood said.

Zimbabwe has an estimated 85,000 elephants and neighboring Botswana has more than 130,000. The two countries have the largest elephant population in the world. Zimbabwe says it’s struggling to cope with booming numbers of wild elephants and is pushing to be allowed to sell its ivory stockpile and export live elephants to raise money for conservation and ease congestion in the drought-affected parks.

Other African countries, especially Kenya, are opposed to any sale of ivory. And earlier this year the meeting of the Convention on International Trade in Endangered Species voted to continue the ban on all ivory sales.

At Mana Pools, saving the animals is a challenge and officials say Zimbabwe is severely affected by climate change that has changed weather patterns.

In past years, Mana Pools would get up to 24 inches (600 millimeters) of rain per year, said Dzoro, the wildlife officer. Now it’s lucky to get half that.

With such a dramatic reduction, “we can’t have perennial sources to sustain animals and some of the perennial springs have dried up. Climate change is affecting us. That’s why the manipulative way now is the only way to rescue our fauna,” Dzoro said.

“Climate change is real for sure, we are witnessing it,” he said.

Zimbabwe should simplify its IP laws, says government official
Doctors unmoved by the government’s decision to fire them

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Daiichi Sankyo sues Seattle Genetics over antibody-drug conjugate technology – MedCity News

A Japanese drugmaker is suing a U.S.-based biotech company over the latter’s claims to intellectual property dating back to a now defunct partnership between the two.

Tokyo-based Daiichi Sankyo said Monday that it had sued Seattle Genetics in the District Court of Delaware after it said Seattle Genetics laid claim to intellectual property rights related to Daiichi Sankyo’s’s antibody-drug conjugate products. The claims concern a partnership between the two companies to develop ADCs that lasted from 2008 until 2015, and in particular technology used in the drug DS-8201 (trastuzumab deruxtecan), under development for breast and other cancers.

In its own statement Monday, Seattle Genetics said that technology used in Daiichi Sankyo’s DS-8201 and other drug candidates “rightfully belongs to Seattle Genetics” under the partnering agreement the two companies entered in 2008. The biotech, based in the Seattle suburb of Bothell, Washington, said that the linker and other ADC technologies used in the drugs are improvements over its own technology. Daiichi Sankyo said Seattle Genetics’ claims were without merit.

For its part, Daiichi Sankyo has stated that DS-8201 is based on its own, proprietary technology, DXd, which also forms the backbone of another of its drug candidates, the Phase I/II DS-7300, designed to target the B7-H3 antigen in various solid tumors.

ADCs are like biological guided missiles, consisting of a monoclonal antibody targeted to a cell-surface antigen that delivers a pharmaceutical payload. Linkers are an essential component to ADCs because if improperly constructed, the pharmaceutical agent can break off prematurely, rendering the drug ineffective or causing off-target toxicity. Approved ADCs include Seattle Genetics’ only current marketed product, Adcetris (brentuximab vedotin), which works by targeting the CD30 antigen in Hodgkin’s lymphoma and certain T-cell lymphomas, and Pfizer’s Mylotarg (gemtuzumab ozogamicin) and Besponsa (inotuzumab ozogamicin), which respectively target CD33 in acute myeloid leukemia and CD22 in acute lymphoblastic leukemia. Seattle Genetics and Daiichi Sankyo developed Adcetris – originally called SGN-35 – under the former partnership.

DS-8201 is also the subject of a $7 billion partnership between Daiichi Sankyo and British drugmaker AstraZeneca announced in March. The development and commercialization agreement included an upfront payment of $1.35 billion from AstraZeneca to Daiichi Sankyo, as well as contingent payments of up to $5.55 billion, which would include $3.8 billion in regulatory milestones and $1.75 billion in sales milestones.

Photo: fstop123, Getty Images

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Why Local CLEs Are Endangered: Speaking To Non-Lawyers Is Rewarding, Speaking To Lawyers Is Self-Torture

There are a lot of great continuing legal education programs out there. Today, lawyers can quite easily go online, and for a reasonable fee, learn something useful while working to fulfil their periodic CLE requirements.

But, like the black rhinoceros or the northern long-eared bat, good local CLEs where one might learn something useful about regional quirks of practice, or even the local legal community itself, are increasingly tough to come by. This is especially true in undersaturated legal markets.

If you ask my opinion, which is admittedly not based on a lot of hard evidence, but is backed by a voluminous sheaf of anecdotal experience speaking to many groups of both lawyers and non-lawyers, there is a very intuitive reason for that. Speaking to non-lawyers is rewarding, character-building, and fun. Speaking to lawyers, on the other hand, is like hacking off your hopelessly entrapped arm with a dull pocket knife.

The most recent example of this in my own life came about this past weekend, when I gave a presentation at a non-legal conference to a group of (mostly) non-lawyers. I know a thing or two about the topic, but the topic was legal only to the extent that I am a lawyer who writes about the law (and a lot of other stuff) and that background obviously colors my perspective on things that are not the law. The speech was overwhelmingly well-received. There were a dozen people waiting for me afterward who wanted to shake my hand, tell me what a great job I did, thank me for all the useful information I imparted, and chat just a little more about their individual situations. I was very happy to have apparently been of some value to these folks.

And then, waiting for me at the end of the line, was the former lawyer in the room. She did not want to shower me with compliments. Instead, she wanted to make it very clear that she was offended and upset, specifically by one sentence of an hour-long presentation, about something that made it into the content essentially only as a part of my bio. I guess her legal career had a bit of overlap with a part of mine, and she felt as though I had besmirched that part by stating something uncouthly.

I was cool, I was diplomatic, I apologized profusely, I assured her that I did not mean what I had said in the way that she had apparently taken it, and I promised that I would take her note to heart in the event I gave this presentation again in the future. After delivering a stern lecture on how we are lawyers and we thus need to choose our words very carefully, she finally let me go to lunch, offering a parting platitude to the effect of, “…and some of the other stuff you said was useful, I guess.”

I have had some variation of this experience again, and again, and again. That’s not to say that I never receive compliments from lawyers I’ve spoken to, or criticisms from non-lawyers. I invite criticisms: Every time I speak publicly about anything, I tell the audience that there is a lot of knowledge in the room beyond just mine and to raise your hand so we can have a conversation in front of the group if anyone has anything to add or to dispute. It’s just that when non-lawyers disagree with something, they seem to do it kindly and substantively, whereas the lawyers (and many more of them) continually scan for anything, however arbitrary or tangential, that they can meanly split hairs about.

I suppose some of that is a function of the way we’re trained to think by the job. I’ve never given an argument in court and heard this response from opposing counsel:

You got me! Your Honor, his argument is so airtight that there is nothing about it I can exploit, misinterpret, or take out of context to further my own agenda. You win some, you lose some, I suppose.

Another aspect of it, again, just in my opinion, is the extreme arrogance and self-importance that infects our profession. When you are speaking to a room full of lawyers, a significant portion of your audience thinks they are better than you, thinks they are smarter than you, and feels the need to prove this either by challenging you in front of your peers or by later trashing you to other lawyers behind your back. It’s unpleasant.

Maybe I’m wrong. I know I’ll get a lot of complaints and criticisms on this very article. But the further I get into my career, the more I see the miniscule rewards of giving a live presentation to lawyers as being far outweighed by the hellish nastiness of the whole ordeal. As for non-lawyers, well, please keep those speaking invitations coming. I’d love to have a chat with your group.


Jonathan Wolf is a litigation associate at a midsize, full-service Minnesota firm. He also teaches as an adjunct writing professor at Mitchell Hamline School of Law, has written for a wide variety of publications, and makes it both his business and his pleasure to be financially and scientifically literate. Any views he expresses are probably pure gold, but are nonetheless solely his own and should not be attributed to any organization with which he is affiliated. He wouldn’t want to share the credit anyway. He can be reached at jon_wolf@hotmail.com.

Colorado Is Unfortunately The Latest To Have A Doctor Using His Own Sperm To Impregnate Patients

Et tu, Centennial State?

Yes, home DNA kits are revealing all kinds of secrets we never expected. One of those secrets is that apparently it was all too common for doctors to claim to be using “anonymous” sperm — generally from a fabricated “medical student” — to assist patients with infertility. All the while, these male doctors were instead using their own, personal, freshly provided sperm to impregnate their patients.

Sadly, my own state of Colorado is the latest to uncover victims of this practice, and its own local perpetrator, Dr. Paul Jones of Grand Junction, Colorado. In a new lawsuit, attorney Patrick Fitz-Gerald — don’t forget the hyphen in his last name if you’re searching for this case by attorney name — alleges in Mesa County district court that four plaintiffs were the victims of this type of medical fraud. The defendants are Dr. Jones and his medical practice, Women’s Healthcare of Western Colorado, P.C.

Plaintiff Maia Emmons-Boring, like so many similarly situated plaintiffs, discovered through a home DNA kit that the man who raised her, and who she believed to be her biological father for the last 39 years of her life, was not, in fact, genetically related to her. Instead, she seemed to have numerous half siblings that she did not previously know. That led to her find out that, instead of the man she knew as dad, her mother’s doctor was both her and her sister’s biological father.

Emmons-Boring’s mother, Cheryl Emmons, explained the situation to her daughter, acknowledging that when she and Emmons-Boring’s father were unable to conceive, they sought the assistance of Dr. Jones. Dr. Jones informed the couple that he would use “fresh sperm” from an anonymous sperm donor in good health “who was either a medical student or law student.” (Despite the icky circumstances, I am proud to see that “law student” made the cut here as a proxy for “good genes.”) The complaint explains how Dr. Jones would not permit Cheryl Emmon’s spouse to be in the room during the procedure, but would instruct the couple to go home and “make love” that night, so that they could never really be sure whether the husband was the father to their child or not. *major eye roll*

Of course, with the advancement of medical technology and DNA testing, we can be oh-so sure now. And Emmons-Boring’s suit complains that Dr. Jones committed an act that, at the very least, should be subject to civil liability. The complaint, which includes Emmons-Boring, her sister, and her parents, seeks damages for medical negligence, lack of informed consent, fraud, negligent misrepresentation, breach of contract, battery, and extreme and outrageous conduct.

I spoke with Fitz-Gerald about his client’s case. Fitz-Gerald is also representing at least 11 other plaintiffs who may be victims of Dr. Jones’ shady medical practices. He expects to brings similar claims in those cases. Fitz-Gerald explained that they alerted the Attorney General of Colorado about the situation, and that just this past Friday, Dr. Jones voluntarily gave up his medical license. Despite this minor victory, Fitz-Gerald described how the victims are frustrated that Colorado law does not clearly define the doctor’s gross acts of deception as a crime. But that may soon change.

Colorado State Representative Kerry Tipper has been looking into the gaps in Colorado law in the reproductive technology field. Representative Tipper expects to propose new legislation in the upcoming session, starting in January 2020, to close those gaps. She explained to the Denver Post that her colleagues from both sides of the aisle were surprised to learn that this kind of behavior is not already unambiguously illegal in the state.

For his part, Fitz-Gerald expects that the fertility industry may not be a fan of new additional regulations, but noted that people’s lives and families are deeply affected in the most fundamental and devastating of ways by these scandals, and that they are currently without clear recourse under the law. Fitz-Gerald argued that it would be naïve to think that this is merely just a problem of the past, and that no doctor would do this kind of thing today.

The positive news is that Colorado can look to other states for successful fertility fraud legislation. This past year, both Texas and Indiana passed new laws to curb this type of behavior after each state discovered that it had its own bad-doctor problem. The podcast that I co-host has an excellent interview with a gross-doctor survivor, and the driving force behind the Texas legislation, Eve Wiley.

Texas passed a fertility fraud bill that added jail time to the books when a medical professional transfers reproductive cells to a non-consenting patient. Unfortunately, despite this progress, the Texas doctor who was specifically outed for this conduct continues to practice medicine, without any repercussions. In fact, the Texas Medical Board shockingly initially declined to investigate claims against Dr. Kim McMorries, despite his admissions that he had been using local sperm (like, very local, in that it was his own) to impregnate patients. However, last week the complainant, out-of-state expert Professor Jody L. Madeira, received news from the Texas Medical Board that its Disciplinary Process Review Committee voted to re-open the matter and would investigate the alleged violations of unprofessional and unethical conduct. That’s a positive step.

So, come on, Colorado. Here’s our chance to both call and raise Texas in the quest for better medical practices.


Ellen TrachmanEllen Trachman is the Managing Attorney of Trachman Law Center, LLC, a Denver-based law firm specializing in assisted reproductive technology law, and co-host of the podcast I Want To Put A Baby In You. You can reach her at babies@abovethelaw.com.

Harvard Law School Pressed To Make Reparations

(image via Getty)

It has been a while since we revisited the Isaac Royall controversy at Harvard Law School. For new people, Isaac Royall Jr. was the first benefactor of Harvard Law School. He was a wealthy man in pre-Revolutionary Massachusetts and, upon his death in 1781, he bequeathed a large part of his estate to Harvard University, for the study of law or medicine. Harvard went with the “law” option and more or less, Harvard Law School was born. Royall is remembered through an endowed professorship and his family crest used to be the seal emblazoned on the seal of the law school.

As a wealthy white man in the 18th century, it should come as no surprise that Royall was a slaver. Research into Harvard’s founding resurfaced Royall’s oppressive past, and Harvard was pressured to divest itself of all memory of Royall. Eventually, Harvard did change the seal, marking a huge victory for students and alumni who pressed the university to get right with its past.

That was back in the spring of 2016. In the fall of 2016, America elected an open bigot as President of the United States. In 2017, Harvard put up a plaque recognizing “the enslaved whose labor created wealth that made possible the founding of the Harvard Law School.” On a personal note, I’ve seen the plaque. It appears maybe five steps away from where I once stood, as a black student at Harvard Law School, protesting Kiwi Camara’s use racial slurs in a class outline and the law school’s refusal to take disciplinary action against him. Life is long, strange, circular, and generally pointless.

I kind of lost the plot on whether we were still supposed to care about properly remembering 18th century slavers and their wheat insignia when their racist ideology so clearly lives on in modern times. Isaac Royall seems like an asshole, sure. But alleged attempted rapist Brett Kavanaugh is just sitting on the current Supreme Court, and I don’t feel like the great legal minds at Harvard Law School are doing nearly enough to make that not a thing.

But apparently, the Prime Minister of Antigua and Barbuda, Gaston Browne, has not lost the plot. Additional research has shown that Royall’s slaves most likely came from those islands. Prime Minister Browne doesn’t want a damn plaque, he wants backpay. From the Harvard Crimson:

Browne’s letter calls for Harvard to send reparations as recognition and compensation of Antiguan slaves in establishing the Law School.

“Reparation from Harvard would compensate for its development on the backs of our people,” Browne wrote. “Reparation is not aid; it is not a gift; it is compensation to correct the injustices of the past and restore equity. Harvard should be in the forefront of this effort.”

We are hopefully past the point where demands for reparations are met with cries of “impracticality.” In fact, Browne’s letter points out that the University of Glasgow and the Princeton Theological Seminary have already committed to some form of compensation for their roles in the Caribbean slave trade. I’m a Harvard man; I do not believe in a world where Princeton can figure out how to do something but Harvard can’t.

Harvard University President Lawrence Bacow responded to the Prime Minister’s letter with concern, but not cash:

Bacow said he considers the memorial’s establishment — along with the removal of the Law School’s seal containing the Royall family crest in 2016 — to be in “significant steps” toward acknowledging Harvard’s history, but noted the need for additional work.

“We recognize that there is more work to be done,” Bacow wrote. “Indeed, Harvard is determined to take additional steps to explore this institution’s historical relationship with slavery and the challenging moral questions that arise when confronting past injustices and their legacies. Harvard is also committed to working with other educational institutions to study slavery and its legacy.”

There are so many ways HLS can pay this debt. Off the top of my head, I can imagine: A Harvard legal clinic in Antigua and Barbuda along the lines of Harvard’s Ghana Project; a center for Caribbean Legal Studies at Harvard that could advance the scholarship around this overlooked area of law; scholarships for Antiguans seeking LL.M.s; setting up pipelines for Antiguans who want to apply to the law school; AND cash-money to Antigua and Barbuda from Harvard’s impressive endowment. Harvard could do them ALL.

This demand for reparations is an opportunity for Harvard to think critically and creatively about what it can do to fight against the legacy of slavery from which it has profited. Let’s hope they don’t waste the chance.

Prime Minister of Antigua and Barbuda Demands Reparations for Harvard’s Association with Slavery in Letter to Bacow [Harvard Crimson]


Elie Mystal is the Executive Editor of Above the Law and a contributor at The Nation. He can be reached @ElieNYC on Twitter, or at elie@abovethelaw.com. He will resist.