Technical Investigators Have Rules To Follow In China’s Intellectual Property Courts

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BEIJING – With the Beijing, Shanghai and Guangzhou Intellectual Property Courts being put into operation late last year, the rules for technical investigators had been missing until 21 January, when the Supreme People’s Court released the Provisional Regulations of the Supreme People’s Court on Several Issues concerning the Participation of Technical Investigators in Intellectual Property Court Proceedings. This is China’s first of its kind making rules for technical investigators.

Looking Behind The Different Invalidation Rates Of Oppositions And IPRs

Janice Vatland

Opposition proceedings in Europe have long served as a powerful tool for third parties to challenge the validity of a patent before the European Patent Office (EPO). Now, under the America Invents Act (effective September 2012), the United States (US) has two new procedures for challenging the validity of a patent before the US Patent and Trademark Office (USPTO): inter partes review (IPR) and post-grant review. Current statistics indicate a higher invalidation rate for IPRs as compared to EPO oppositions.

The Challenge Of Complying (Or Not) With Communication Laws Online

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Is it possible to fully comply with all the laws surrounding online communication? Michel Jaccard, founder of id est avocats says, “The answer is, ‘no.’” Speaking last week at the Club Suisse de la Presse, Jaccard made the case that when it comes to the online world, we should look beyond legal compliance and start thinking more strategically.

WIPO Seminar Discusses Interface Between IP And Private International Law

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Experts gathered in Geneva recently to review past projects on intellectual property and private international law, and look toward the future. Now, through efforts to draft a set of guidelines, headway is being made on finding ways to manage the legal uncertainties in this area.

Year Ahead: Big IP Developments Loom For US Law In 2015

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2014 brought major changes to the United States intellectual property system, particularly in the area of patent law. 2015 promises more of the same, as the new Supreme Court ruling in Teva Pharmaceuticals USA v. Sandoz attests. Here’s a discussion of Teva and other key cases and developments to watch this year.

Gilead To Appeal India Patent Rejection, Hails Regulatory Approval

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Pharmaceutical manufacturer Gilead has given its side to this week’s story of the rejection of its patent on a hepatitis C treatment in India, and it insists it will prevail in making its medicines available in India on its terms.

Top European IP Experts Hail CEIPI’s 50 Years With Vision, Suggestions For IP System

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The celebration late last year of the 50th anniversary of the Centre de Études Internationales de la Propriété Intellectuelle (CEIPI) at the Université de Strasbourg, France, brought together leading figures in the European IP community. Speakers hailed the origin and successes of the IP system in Europe, and had suggestions for what do better going forward.

ISPs In US Face New Copyright Attack

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It is a novel way to attack online copyright infringement. Two music companies have sued an internet service provider, alleging that because the ISP failed to terminate the accounts of repeat infringers, the ISP is guilty of secondary infringement. This lawsuit troubles many copyright experts and its success is far from certain, but the music companies may achieve their aims regardless.

Recent Cases Warn Of Dangers Of Trying For Second Bite At The IPR Apple

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The American Invents Act of 2011 (AIA) created inter partes review (IPR), a new opposition-like proceeding conducted at the US Patent Trial and Appeal Board (PTAB) in the US Patent and Trademark Office to challenge the validity of patent claims based on prior art patents and printed publications. Since then, conventional wisdom has advised filing a petition for IPR quickly after being sued for patent infringement, because any deficiencies or mistakes the PTAB identifies could be corrected with a second petition later on. Several recent decisions from the PTAB reveal limits to that strategy.

EPO Supervisory Body To Face Fears Over Patent Quality, Judicial Independence

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As staff strikes continue and the European Patent Office’s Administrative Council prepares for what could be a contentious 11 December meeting, opinions are split over the effect of the turmoil on the office’s role in Europe’s unitary patent.