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Intellectual Property Watch

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Archives for August 2015

NGOs Call Out Switzerland For Pressuring Colombia On Compulsory Licences; Switzerland Replies

24/08/2015 by Catherine Saez, Intellectual Property Watch 1 Comment

Civil society groups are calling on the Swiss government to refrain from putting pressure on developing countries wishing to manufacture generic medicines without the consent of the patent holder. The groups allege that the Swiss government tried to unduly influence Colombia to not take such a step, though it is permitted by international trade rules.

The Swiss government, for its part, says it participated in a public consultation in Colombia and merely underlined that negotiations between governments and original manufacturers are a better way to go than a compulsory licence.

Filed Under: IP Policies, Language, Themes, Venues, Access to Knowledge/ Education, Enforcement, English, Health & IP, Human Rights, Innovation/ R&D, Lobbying, Patents/Designs/Trade Secrets, Technical Cooperation/ Technology Transfer, WTO/TRIPS

USPTO Proposes New PTAB Trial Rules

22/08/2015 by Intellectual Property Watch Leave a Comment

This week the United States Patent and Trademark Office (USPTO) published a proposed rule to amend the existing rules of practice for inter partes review, post-grant review, the transitional program for covered business method patents and derivation proceedings that implemented provisions of the Leahy-Smith America Invents Act (AIA).

Filed Under: Features, Inside Views, IP Policies, Language, Themes, Venues, English, IP Law, Innovation/ R&D, North America, Patents/Designs/Trade Secrets, Regional Policy

Australian Review Of IPR, Competition Balance Draws Mixed Academic Response

21/08/2015 by Dugie Standeford for Intellectual Property Watch Leave a Comment

A government-ordered review of Australia’s intellectual property arrangements could either resolve many important and long-standing issues or prove to be yet another political exercise in futility, academics say.

Filed Under: IP Policies, Language, Themes, Venues, Access to Knowledge/ Education, Asia/Pacific, Copyright Policy, Enforcement, English, Finance, Human Rights, Lobbying, Patents/Designs/Trade Secrets, Regional Policy, Trademarks/Geographical Indications/Domains

WIPO Director Gurry Highlights Value Of Indigenous Knowledge

21/08/2015 by William New, Intellectual Property Watch Leave a Comment

Indigenous Peoples’ knowledge and creativity is a valuable source of inspiration for all, but might benefit from being better protected, the head of the UN World Intellectual Property Organization said this month. WIPO is currently negotiating an international instrument or instruments to better protect genetic resources, traditional knowledge and traditional cultural expressions (folklore).

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

The Intersection Of Trade Secret Law And Social Media Privacy Legislation

20/08/2015 by Intellectual Property Watch Leave a Comment

By Eric F. Barton, Esq., Seyfarth Shaw LLP There is no question that social media privacy issues now permeate the workplace. In an attempt to provide further guidance and regulation in this area, since April 2012, a growing number of state legislatures in the United States have passed various forms of social media privacy legislation. […]

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

US Postpones Domain Name System Handover At Least A Year, Maybe Four

19/08/2015 by William New, Intellectual Property Watch Leave a Comment

The United States Department of Commerce office planning to relinquish national control over a remaining key component of the internet domain name system has said it will take at least until September 2016, putting off the transition that had been targeted for next month.

Filed Under: IP Policies, Language, Themes, Venues, Access to Knowledge/ Education, Copyright Policy, English, ITU/ICANN, Information and Communications Technology/ Broadcasting, North America, Regional Policy, Trademarks/Geographical Indications/Domains

For Ministerial, Developing Countries Seek Moratorium On TRIPS Non-Violation Complaints

19/08/2015 by Catherine Saez, Intellectual Property Watch 4 Comments

The ability for a member of the World Trade Organization to challenge another member for deprivation of benefits even though this member has not violated any given WTO agreement does not presently apply to intellectual property.

For years, the issue has been debated in the WTO intellectual property committee, with no conclusive outcome. Last month, a group of 17 developing countries submitted a draft decision for the upcoming WTO ministerial conference in December to lastingly ban intellectual property-related non-violation complaints, stepping ahead of the next meeting of the WTO IP committee to be held in October.

Filed Under: IP Policies, Language, Themes, Venues, Copyright Policy, Enforcement, English, Health & IP, Patents/Designs/Trade Secrets, Trademarks/Geographical Indications/Domains, WTO/TRIPS

India’s Lead Role In South-South Cooperation For Environmental Diplomacy

19/08/2015 by Catherine Saez, Intellectual Property Watch Leave a Comment

India can play a leadership role to inspire developing countries in environmental policy-making, according to a new paper. Using its experience, India should further enhance South-South cooperation through an action plan including the establishment of a cooperation platform focussing on issues such as climate change, traditional knowledge, innovation, and intellectual property rights.

Filed Under: IP Policies, Language, Themes, Venues, Asia/Pacific, Development, English, Environment, Patents/Designs/Trade Secrets, Regional Policy, Technical Cooperation/ Technology Transfer, Traditional and Indigenous Knowledge

Trade Secrets: The ‘Reasonable Steps’ Requirement

19/08/2015 by Intellectual Property Watch Leave a Comment

Trade secret theft is a top risk for companies today. When the worst does happen and trade secrets are compromised, companies must prove that reasonable steps have been taken to protect a company’s crown jewels. But determining what “reasonable steps” are can be challenging. Governments have been vague about the term’s definition; and laws and legislation continue to evolve on this issue. However, court actions do provide insight on the ‘reasonable steps requirement’ and point to the need for companies to embed trade secret protection into business operations to qualify as legal protection, writes Pamela Passman.

Filed Under: Features, Inside Views, IP Policies, Language, Themes, Venues, Enforcement, English, Innovation/ R&D, North America, Patents/Designs/Trade Secrets, Regional Policy, WTO/TRIPS

Five Reasons Why TPP Countries Should Unite To Oppose The US Pharmaceutical IP Agenda

18/08/2015 by Intellectual Property Watch 3 Comments

Failure to reach agreement over expanded intellectual property (IP) protections for medicines has proven to be a stumbling block to completion of the 12-country Trans Pacific Partnership negotiations. As expected, the US is continuing to pressure negotiating partners to adopt broader and longer monopoly protections for medicines. But the risks for their health systems are very high – and will be much higher if they don’t stick together in rejecting the US demands.

Filed Under: Features, Inside Views, IP Policies, Language, Themes, Venues, Access to Knowledge/ Education, Bilateral/Regional Negotiations, Development, English, Health & IP, Human Rights, Patents/Designs/Trade Secrets, Technical Cooperation/ Technology Transfer

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