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Intellectual Property Watch

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Archives for September 2017

US Misrepresentations Called Out By Antigua In Online Gambling Case At WTO

29/09/2017 by William New, Intellectual Property Watch 1 Comment

The tiny Caribbean country of Antigua and Barbuda today at the World Trade Organization gave an account of misrepresentations by the United States in its failure to fulfil a WTO dispute settlement panel’s finding that the US owes Antigua for US measures against online gambling that harmed the island’s economy. The United States now owes Antigua some $200 million in damages, and has offered only about $2 million. Now Antigua will formally request negotiations with the US trade office. At stake is Antigua’s authorisation by the WTO panel to recover its damages by failing to protect US intellectual property rights there, which it again reluctantly threatened to do if there is no resolution.

Filed Under: IP Policies, Themes, Venues, Copyright Policy, English, IP Law, WTO/TRIPS

The Consequences Of Killing USPTO Patent Reviews

29/09/2017 by Steven Seidenberg for Intellectual Property Watch Leave a Comment

Does the US Constitution prohibit the USPTO from striking down issued patents? That question will be decided by the US Supreme Court later this term. Should the Court rule against the USPTO, it would dramatically alter the US patent system in favor of patentees, give a big boost to patent trolls, and damage innovation in the US. The ruling also would make the US an outlier among major industrialized countries – turning it into the only such nation where patents could not be challenged in administrative proceedings.

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

2017 Social Forum Focuses On HIV, Other Epidemics, Access To Health

29/09/2017 by Intellectual Property Watch 1 Comment

The 2017 Social Forum, an annual meeting convened by the Human Rights Council, is being held next week in Geneva, and will focus on the promotion and protection of human rights in the context of the HIV epidemic and other communicable diseases and epidemics.

Filed Under: IP-Watch Briefs, IP Policies, Language, Themes, Venues, English, Health & IP, Health Policy Watch, Human Rights, Patents/Designs/Trade Secrets, Technical Cooperation/ Technology Transfer, United Nations - other, WHO, WTO/TRIPS

Moglen On Privacy And ‘The Machine’: This Is Not Over Yet

29/09/2017 by William New, Intellectual Property Watch Leave a Comment

NEW HAVEN — In an arresting presentation framed in a first-hand account of the creation of the early internet and focused on the hyper-sophisticated sensors we carry everywhere in the form of our smartphone, marking our every behaviour and element of our life for commercial and state use, Free Software legend and privacy advocate Prof. Eben Moglen gave a speech this week at Yale Law School on privacy, the “machine,” and the jarring threat humanity is facing. There is at least one sign of hope, he said: the FreedomBox.

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

E-Commerce: Some Developing Countries Push Back On Idea Of New WTO Rules

29/09/2017 by Catherine Saez, Intellectual Property Watch Leave a Comment

While the profile of electronic commerce is rising in diverse international fora, some developing countries are saying they do not want to discuss a new negotiating mandate for e-commerce rules at the World Trade Organization. The current work programme on e-commerce is still adequate, they find, and the WTO Ministerial Conference in December should address more pressing issues, such as agriculture, or completing the Doha Development Round negotiations.

Filed Under: IP Policies, Language, Themes, Venues, Access to Knowledge/ Education, Copyright Policy, Development, English, Information and Communications Technology/ Broadcasting, Trademarks/Geographical Indications/Domains, WTO/TRIPS

ARIPO, Japan Government To Train 1,000 People In IP Systems In Africa

29/09/2017 by Maina Waruru for Intellectual Property Watch 2 Comments

The government of Japan, in partnership with the African Region Intellectual Property Organisation (ARIPO), has begun implementation of a project meant to train 1,000 people across Africa in intellectual property systems. The World Intellectual Property Organization also plays a role.

Filed Under: IP Policies, Language, Themes, Venues, Africa, Asia/Pacific, Development, Enforcement, English, Innovation/ R&D, Patents/Designs/Trade Secrets, Regional Policy, Technical Cooperation/ Technology Transfer, Trademarks/Geographical Indications/Domains, Traditional and Indigenous Knowledge, WIPO

Case Shows European Luxury Brands Must Be Popular In Japan To Be Protected There

29/09/2017 by Guest contributor for Intellectual Property Watch Leave a Comment

In a recent decision, the Opposition Board of the Japan Patent Office dismissed an opposition filed by CFUB Sisley, a French producer of cosmetics and fragrances founded in 1976, against the word mark “SISLOY” written in a standard character. The case shows that the status of European luxury brand will not automatically enjoy broader scope of protection in Japan unless the brand obtains a high degree of popularity and reputation among Japanese consumers, writes Masaki Mikami.

Filed Under: IP Policies, Language, Themes, Venues, Asia/Pacific, Contributors, English, Europe, IP Law, Regional Policy, Trademarks/Geographical Indications/Domains

New EU Commission Guidelines On Illegal Content Online Clarify Liability For Online Platforms

28/09/2017 by William New, Intellectual Property Watch 1 Comment

The European Commission today issued guidelines for removing illegal content online, largely following the lines of existing rules and guidance, but hinting at a possible future move to harmonise practices in this area. Technology companies breathed in relief as the communication did not appear to reduce their protection against liability for content carried on their networks and devices, though it did provide extensive clarification on the liability exemption.

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

How USPTO Patent Reviews Became Imperiled

28/09/2017 by Steven Seidenberg for Intellectual Property Watch Leave a Comment

Initially, the lawsuit was widely viewed as a waste of time. The suit asserted a strained legal argument that already had been rejected twice by federal appellate panels, in 1985 and 1992. Yet this lawsuit, Oil States Energy Services v. Greene’s Energy Group, has now reached the US Supreme Court. So later this term, the high court will decide whether the US Constitution prevents the US Patent and Trademark Office from ever striking down issued patents.

Filed Under: Features, IP Policies, Language, Subscribers, Themes, Venues, English, IP Law, Innovation/ R&D, North America, Patents/Designs/Trade Secrets, Perspectives on the US, Regional Policy

Disparity In Access To Medicines Spurs “Humanitarian” Patent Licensing

28/09/2017 by Dugie Standeford for Intellectual Property Watch Leave a Comment

“There are shameful access disparities around the world” to life-saving medicines, Harvard University Global Access in Action project Co-Director Quentin Palfrey said at a 26 September Center for Strategic and International Studies event in Washington, DC. And while some of the challenges to fuller access involve pricing, getting medicines to poorer countries or populations means overcoming the obstacles of insufficient research and development (R&D) incentives, access barriers and polarised politics, he said.

Filed Under: Features, IP Policies, Language, Themes, Venues, Development, English, Health & IP, Human Rights, Innovation/ R&D, Lobbying, North America, Patents/Designs/Trade Secrets, Regional Policy, Technical Cooperation/ Technology Transfer

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