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Archives for July 2013

Infojustice: The Question Of Patent Eligible Subject Matter And Evergreening Practices

31/07/2013 by Intellectual Property Watch Leave a Comment

Infojustice writes: Over the past few years, patent-eligible subject matter has become one of the hotly debated areas of patent law in several countries. Even in the United States, the Supreme Court is beginning to express concerns about overly inclusive patent rules that stifle both competition and follow-on innovation. However, significant confusion persists over the difference between patent eligible subject matter and patentability requirements. Patent eligibility tests have proven quite difficult to apply, often leading to inconsistent and unpredictable results.

Filed Under: IP-Watch Briefs, IP Policies, Language, Themes, Biodiversity/Genetic Resources/Biotech, Development, English, Health & IP, IP Law, Innovation/ R&D, Patents/Designs/Trade Secrets

EFPIA, PhRMA Release Joint Principles For Clinical Trial Data-Sharing, To Criticism

30/07/2013 by Intellectual Property Watch 1 Comment

The European Federation of Pharmaceutical Industries and Associations (EFPIA) and the Pharmaceutical Research and Manufacturers of America (PhRMA) endorsed joint principles for clinical trial data-sharing.

Filed Under: IP-Watch Briefs, IP Policies, Language, Themes, Venues, Access to Knowledge/ Education, Biodiversity/Genetic Resources/Biotech, English, Europe, Health & IP, Innovation/ R&D, Patents/Designs/Trade Secrets, Technical Cooperation/ Technology Transfer

Infojustice: Setting The Record Straight On Fair Use In US

30/07/2013 by Intellectual Property Watch Leave a Comment

A paper examining the fair use doctrine in the United States, published by law professors Peter Jaszi and Matthew Sag and University of California at Berkeley fellow Gwen Hinze, addresses specific issues raised in an earlier submission to the Australian Law Reform Commission (ALRC) by the Kernochan Center for Law, Media and the Arts.

Filed Under: IP-Watch Briefs, IP Policies, Language, Themes, Venues, Access to Knowledge/ Education, Copyright Policy, English, Information and Communications Technology/ Broadcasting, North America

Patent Risk: The ‘New Normal’ In Patent Troll Litigation

30/07/2013 by Kelly Burke for Intellectual Property Watch Leave a Comment

New York – Financial companies in 2012 faced nearly four times the patent litigation from non-practicing entities (NPEs), often called “patent trolls”, than they did five years ago and 2013 promises to be no different, according to a presentation by RPX Corporation, a patent risk management services provider. Financial institutions’ use of social media and its associated risk was also a topic of discussion.

Filed Under: IP Policies, Language, Subscribers, Themes, Venues, English, IP Law, Innovation/ R&D, North America, Patents/Designs/Trade Secrets

IP And Public Health, Biotech Rise As Issues In TPP Negotiations

30/07/2013 by Brittany Ngo for Intellectual Property Watch 3 Comments

Intellectual property and the issues of biotechnology and public health are rising concerns for stakeholders to the Trans-Pacific Partnership agreement negotiations.

Filed Under: Features, IP Policies, Language, Themes, Venues, Bilateral/Regional Negotiations, Biodiversity/Genetic Resources/Biotech, Enforcement, English, Health & IP, Innovation/ R&D, Lobbying, Patents/Designs/Trade Secrets

European Commission Proposes Rules Changes To Create Unitary Patent Court

29/07/2013 by Intellectual Property Watch 3 Comments

The final legislative piece needed for the establishment of a unitary EU patent system emerged from the European Commission today.

Filed Under: IP-Watch Briefs, IP Policies, Language, Themes, Venues, English, Europe, IP Law, Innovation/ R&D, Patents/Designs/Trade Secrets

United States Confounded By Standard-Essential Patents

29/07/2013 by Steven Seidenberg for Intellectual Property Watch 2 Comments

The United States is in a muddle over standard-essential patents. The nation’s courts and its executive agencies all agree that these patents play vital roles in the economy, but they disagree about what remedies are available when these patents are infringed. A recent decision by the US International Trade Commission has added to the confusion.

Filed Under: IP Policies, Language, Subscribers, Themes, Venues, Access to Knowledge/ Education, Enforcement, English, IP Law, Innovation/ R&D, North America, Patents/Designs/Trade Secrets, Perspectives on the US

Motorola vs. Microsoft And The Future Of FRAND

29/07/2013 by Intellectual Property Watch 5 Comments

Andrew Updegrove discusses the handing down by Justice James Robart of a 207-page opinion in a closely-watched dispute between Motorola and Microsoft, involving several patents that Google later acquired (along with the rights under the lawsuit) when it purchased Motorola Mobility. In that opinion, Robart sought to determine what, under all relevant circumstances, Google could fairly and reasonably charge Microsoft to infringe upon the essential claims in question when (for example) it builds and sells an Xbox.

Filed Under: Inside Views, IP Policies, Language, Themes, Venues, Enforcement, English, IP Law, Information and Communications Technology/ Broadcasting, North America, Patents/Designs/Trade Secrets

WIPO General Assembly Left To Decide Future Work Of TK Committee

25/07/2013 by Catherine Saez, Intellectual Property Watch 4 Comments

After three days of stocktaking, members of the World Intellectual Property Organization committee on genetic resources and traditional knowledge were unable to agree on a recommendation on the future work of the committee to the September WIPO General Assembly. Instead, a report will be transmitted to the Assembly with the expectation that this high level committee will reach agreement.

Filed Under: IP Policies, Themes, Venues, Biodiversity/Genetic Resources/Biotech, Copyright Policy, Enforcement, English, Patents/Designs/Trade Secrets, Trademarks/Geographical Indications/Domains, Traditional and Indigenous Knowledge, WIPO

Concerns Raised Over Potential Threat of Investment Agreements

25/07/2013 by Brittany Ngo for Intellectual Property Watch 1 Comment

Investor agreements, included in many bilateral investment treaties (BITs), are a source of growing concern for many national governments. These agreements essentially leave countries vulnerable to litigation by individual firms, rather than other countries, as is the case in traditional World Trade Organization disputes.

Filed Under: IP Policies, Language, Themes, Venues, Bilateral/Regional Negotiations, Development, English, Finance, Health & IP, Patents/Designs/Trade Secrets, Technical Cooperation/ Technology Transfer

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