Special Feature: Differences Over GIs Threaten 2016/2017 WIPO Budget Approval

WIPO - Catherine Saez (12)

The UN World Intellectual Property Organization is a member-driven agency set up to protect IP rights worldwide. In recent years, an area of dissension and debate has been how to make the organisation – and IPRs – friendlier to developing countries. This year, however, it has become a hotspot for the global debate between developed countries over protection of geographical indications, products of distinctive character deriving from specific locations.

The TPP’s Reckless Proposals For Damages Will Have Negative Impact On Future Reform Of IPR Regimes

Jamie Love

James Love writes: This week negotiators from a dozen countries are meeting to finalize the rules for the Trans Pacific Partnership (TPP) trade agreement. When or if concluded, this massive regional trade agreement will set new standards for the grant of property rights in knowledge, and the enforcement of those rights.

The TPP chapter on intellectual property covers all intellectual property types included in Part II of the WTO’s TRIPS agreement, plus some others, including not only patents, copyrights and trademarks, but also “undisclosed information”, test data for the registration of drugs, industrial designs, layout-designs of integrated circuits. The rules in the TPP are intended by the United States to become global norms, effectively replacing TRIPS.

While there are plenty of issues in the TPP IP Chapter, this note only addresses one set of issues — those relating to the remedies for the infringement of intellectual property rights. The remedies include such topics as injunctions, damages, and the seizure or destruction of infringing goods.

Decision Time On Biologics Exclusivity: Eight Years Is No Compromise

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Burcu Kilic and Courtney Pine write: As the Trans-Pacific Partnership (TPP) negotiations approach their endgame, biologics exclusivity is still considered “one of the most difficult outstanding issues in the negotiation.”[2] Pharmaceutical companies seek longer data and marketing exclusivities to further delay market entry of cost-saving biosimilar drugs. Data exclusivity prevents follow-on pharmaceutical developers from relying on originators’ test data submitted for marketing approval while seeking such approval for its own product. The World Trade Organization’s (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) requires some protection against unfair competition for this sort of data, but it does not require countries to adopt rules conveying exclusive rights over it in the same way as it does regarding patents.[3] Currently, the US provides 12 years of exclusivity for new biological products under the Biologics Price Competition and Innovation Act (BPCIA).[4] The provision providing 12 years exclusivity was buried inside the 20,000-page healthcare law, The Patient Protection and Affordable Care Act. A robust debate over what would be an appropriate exclusivity period, if any, was overshadowed by other controversial aspects of the bill commonly referred to as Obamacare.

Defendants, Non-Profits, Defensive Aggregators And Hedge Funds: Common And Less Common Uses Of Inter Partes Review

Richard Hung,
Photo ©John Swanda 2013

Inter partes review (“IPR”) proceedings were originally intended to allow defendants in patent infringement lawsuits to invalidate questionable patents cheaply and quickly. But these proceedings increasingly are being used by parties that are not defendants in active litigation matters at all, write Rich Hung and Alex Hadduck.

Learning From Ebola

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In 1976, Yambuku village school headmaster Mabalo Lokela felt sick when he returned from a trip to northern Zaire near the Central African Republic border. He had a high fever, diarrhea, and bleeding. Because he was initially believed to have malaria, Lokela was given quinine, but his symptoms got worse and he soon died. Shortly afterwards, those who had been in contact with Lokela also died. … Almost four decades later, there is still no cure for Ebola, despite the fact that drug development on average takes about a third of this time frame, write William Fisher and Quentin Palfrey.

3D Printing And Public Policy

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John Hornick writes: Although legal principles apply to 3D printing the same as they apply to any other technology, 3D printing has the unique potential to upset the legal status quo. It is the potential scale of 3D printing that may have profound effects on the law. 3D printing cuts across many areas of law, most types of technology, and almost all types of products. Eventually, anyone may be able to make almost anything. No one else will know they made it or be able to control it, which I call 3D printing away from control.

US High Court Removes Economics From Patent Law

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Economics be damned. So said the US Supreme Court on 22 June, when it reaffirmed a 50 year-old ruling that limits how patent owners can license their patents. The court conceded the limit does not make economic sense, but asserted that patent law has its own logic. That could change many aspects of patent law, according to experts.

Copyright And The Public Interest: Not Necessarily Competing Forces

Neil Turkewitz

Copyright protection advances the public interest, and good public policy must properly consider “the role of intellectual property as a tool for economic emancipation, a catalyst for cultural diversity, and a powerful protector of individual dignity and fundamental human rights,” argues RIAA’s Neil Turkewitz.

Special Report: ICANN Reviews Process For New Domains; Names Proposal For IANA Transition Done

ICANN public forum Buenos Aires

Experts at last week’s meeting of the Internet Corporation for Assigned Names and Numbers (ICANN) in Buenos Aires reached a milestone with a final proposal from the ICANN working group for the transition of internet control away from the United States. But global governance without oversight remains difficult, as the ongoing review of the introduction of new generic top-level domains aptly illustrates.

US Political Trademarks And Campaign Branding 2016

US election brands front page image

As prospective presidential candidates prepare to plunge voters in the United States into campaign purgatory, it is time for pundits to examine how candidates are branding their political campaigns and crafting their messages to appeal to the electoral audience. With the presidential race beginning to heat up, which candidate will seize the message that resonates most with American voters? And what will that message be?