The Year In Biotech/Biodiversity: Patentability, Plant Varieties, Treaty Implementation

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Intellectual property-related developments expected this year could profoundly impact the fields of biotechnology and biodiversity. In addition, ongoing issues relating to plant variety protection and public health are expected to be at the forefront of discussions this year. The following is a look at many of the top issues to come.

The Role Of Social Media In M&A Transactions

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Despite the ever-increasing use of social media by businesses, social media assets are often overlooked in merger and acquisition (M&A) transactions. When addressing a company’s assets in a purchase agreement, social media assets tend to be explicitly addressed only very briefly, or not at all. It is important to address such assets explicitly, as they do not always constitute intellectual property rights covered by IP representations and warranties.

US Congressional Leaders Blast WIPO Lisbon Treaty Negotiations

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The top bipartisan members of the United States Senate and House of Representatives responsible for trade, legal and intellectual property issues today sent a strongly worded letter to World Intellectual Property Organization Director General Francis Gurry demanding that all WIPO members be permitted to fully participate in an upcoming treaty negotiation and raising concern about the trade and economic impact of currently proposed text. The treaty negotiation among a small group of WIPO members is expected to raise the level of protection of geographical indications, which are a key dividing point between Europe and the United States.

Stakeholders Give Opposing Views On GIs In EU-US Trade Agreement

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Geographical indications – product names deriving from geographical origin or certain characteristics – are increasingly on the table when trade negotiations include Europeans, who are trying to recover names long used around the world. In a recent stakeholder event for the Transatlantic Trade and Investment Partnership (TTIP), both sides of the GI issue made their case.

Copyright Policy And The Right To Science And Culture

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Reposted from Afro-IP and infojustice.org: A report entitled ‘Copyright policy and the right to science and culture’ authored by the UN Special Rapporteur in the field of cultural rights, Farida Shaheed, has been released, writes Prof. Carolyn Ncube.

Year Ahead: Key IP-Related Issues, Dates At The WTO In 2015

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This year is shaping up to be a busy one for the World Trade Organization, and intellectual property issues are among those coming up.

South Africa Supreme Court Of Appeal Losing Its Shape

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South Africa’s Supreme Court of Appeal has been blessed for the past few decades by having in its ranks judges who have experience and expertise in the field of Intellectual Property Law, writes law professor Owen Dean. With the recent retirement of Louis Harms, the bench at the Supreme Court of Appeal has been denuded of judges who can be regarded as IP experts. The paucity of IP experience on the bench is regrettably beginning to show.

In recent times the Supreme Court of Appeal has given three IP judgments in trade mark cases which, it is respectfully submitted, have been wrongly decided and are not in harmony with the principles of trade mark law and practice, Dean argues.

Unlimited Potential: The Innovation Renaissance Is Now

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By Patrick Kilbride At no other time in history has humanity enjoyed such a boundless period of innovation.  The human experience is literally changing day-to-day as new medicines and new technologies create solutions to seemingly insurmountable global challenges such as poverty, hunger, disease, and climate change.  This 21st century innovation renaissance could not be more […]

Circuit Courts Open As Satellites Of China’s Supreme People’s Court

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After long preparations, the Second Circuit Court of China’s Supreme People’s Court was officially instituted in Shenyang city, Liaoning province in northeast China on 31 January. Qiang Zhou, president and chief judge of China’s Supreme People’s Court, attended and addressed the nameplate unveiling ceremony of the Second Circuit Court.

IP Rights Must Remain Distinct From Fake Medicines Policy At WHO, Members Warn

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Intellectual property issues emerged at the World Health Organization Executive Board today as members discussed fake and substandard medicines, with some countries saying that the fight against such medicines should not serve as a pretext to enforce intellectual property rights and prevent access to safe generic medicines.