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Intellectual Property Watch

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Archives for May 2018

UN Meeting Opens On Impact Of Science And Technology On Humanity

15/05/2018 by Damilola Adepeju for Intellectual Property Watch 1 Comment

A United Nations meeting gathering ministers, high-level representatives, scientists and technology experts opened yesterday with a discussion of the impacts that rapid innovative trends in science and technology have on development, the UN Sustainable Development Goals (SDGs), and humanity itself.

Filed Under: IP Policies, Language, Subscribers, Themes, Venues, Access to Knowledge/ Education, Development, English, Human Rights, Innovation/ R&D, Patents/Designs/Trade Secrets, Technical Cooperation/ Technology Transfer, United Nations - other

WIPO Development Committee Opens With Focus On SDGs, Tech Transfer, New Projects

14/05/2018 by Catherine Saez, Intellectual Property Watch Leave a Comment

The World Intellectual Property Organization Committee on Development and Intellectual Property opened today with an agenda of issues such as the development dimension of IP, technology transfer, and how WIPO can participate in the achievement of the United Nations Sustainable Development Goals. Meanwhile, new development projects proposed for WIPO work would focus on women, software, and tourism.

Filed Under: IP Policies, Language, Subscribers, Themes, Venues, Copyright Policy, Development, English, Finance, Patents/Designs/Trade Secrets, Technical Cooperation/ Technology Transfer, Trademarks/Geographical Indications/Domains, WIPO

Trump Declares Intent To Stop Pharma Companies From ‘Gaming’ Patent System

11/05/2018 by William New, Intellectual Property Watch 2 Comments

US President Trump today declared in a White House speech his intent to “take steps” to lower drug prices by stopping “gaming of regulatory and patent processes by drug makers to unfairly protect monopolies,” as well as increasing price transparency and promoting biosimilars and generics. But to do this, his administration will take on what it sees as “freeloading” on US innovation by foreign governments, and addressing “unfair” intellectual property and market access policies in trade agreements.

Filed Under: IP Policies, Language, Themes, Venues, English, Finance, Health & IP, Health Policy Watch, Human Rights, Innovation/ R&D, North America, Patents/Designs/Trade Secrets, Regional Policy

Brazilian Superior Court Of Justice Stops Patent Term Extension Attempts

11/05/2018 by Intellectual Property Watch 4 Comments

Pedro Marcos Nunes Barbosa writes: In April 2018, the Brazilian Superior Court of Justice (STJ) ruled on a controversial patent term extension scheme, for the third time since Brazil adopted TRIPS compliant legislation in 1996. The first ruling on this topic, upheld by the STJ, was decided, unanimously, in the year 2009 (docket REsp 960.728, Justice Andrighi). In that case, a famous agrochemical multinational company sought an exotic interpretation of the impacts brought by the minimum deadline granted to a patent, since the WTO’s annex treaty imposed the uniform extension of 20 years. In other words, although the agrochemical company had obtained its exclusivity right in a pre-TRIPS context (where Brazilian Law guaranteed a 15 years property right), but unsatisfied, after the Agreement was implemented, the plaintiff requested a judicial pass for a five year extra period of competition absence.

Filed Under: Features, Inside Views, IP Policies, Language, Themes, Venues, Access to Knowledge/ Education, English, IP Law, Innovation/ R&D, Latin America/Caribbean, Patents/Designs/Trade Secrets, Regional Policy

OECD Issues Paper On Blockchain And Competition Policy

11/05/2018 by Intellectual Property Watch Leave a Comment

The disruptive blockchain technology has been making waves, especially with Bitcoin and smart contracts taking centre stage. For some, it calls for a wide range of regulatory issues to be addressed, including patentability and more recently, competition-related concerns. Accordingly, the Organisation for Economic Cooperation and Development (OECD) hopes to assimilate contributions from stakeholders through its Blockchain Technology and Competition Policy Issue Paper.

Filed Under: IP-Watch Briefs, IP Policies, Language, Themes, Venues, Access to Knowledge/ Education, Copyright Policy, Enforcement, English, Finance, Information and Communications Technology/ Broadcasting, Other International Orgs, Trademarks/Geographical Indications/Domains

Study Finds Rise In Use Of India’s Section 3(d) Against Pharma Primary Patents

11/05/2018 by Adithi Koushik for Intellectual Property Watch 2 Comments

Access to affordable medicines is one of the most pressing policy issues globally. India has played a prominent role as “pharmacy of the developing world” with its generic medicine industry; however, the interpretation and implementation of a particular section of the law can significantly affect this role, according to a recent study.

Filed Under: IP Policies, Language, Themes, Venues, Asia/Pacific, English, Health & IP, Innovation/ R&D, Patents/Designs/Trade Secrets, Regional Policy, WTO/TRIPS

UNCTAD To Look At Rapid Technological Change And Developing Countries

10/05/2018 by Intellectual Property Watch 2 Comments

Ministers, leading scientists and innovators will gather next week at the United Nations in Geneva to discuss rapid technological change and developing countries.

Filed Under: IP-Watch Briefs, IP Policies, Language, Themes, Venues, Development, English, Information and Communications Technology/ Broadcasting, Innovation/ R&D, Patents/Designs/Trade Secrets, Technical Cooperation/ Technology Transfer, United Nations - other

Collective Efforts By Civil Society Groups Bar The Way To Hepatitis C Patents

10/05/2018 by Catherine Saez, Intellectual Property Watch 14 Comments

Many hold the view that Gilead’s revolutionary treatment against hepatitis C (sofosbuvir) marked the beginning of a shift in position toward the high prices of medicines, as high-income countries were also faced with an untenable burden to their health systems. In a number of lower and middle-income countries, civil society organised itself to increase access to sofosbuvir for millions in need.

Filed Under: Features, IP Policies, Language, Themes, Venues, Africa, Asia/Pacific, Development, English, Health & IP, Health Policy Watch, Innovation/ R&D, Lobbying, North America, Patents/Designs/Trade Secrets, Regional Policy, Supported By, TRIPS Flexibilities, Technical Cooperation/ Technology Transfer

US To Weaken Post-Grant Patent Reviews

09/05/2018 by Steven Seidenberg for Intellectual Property Watch 1 Comment

Government agencies do not ordinarily relinquish power easily, or without a struggle. But these are not ordinary times in the USA. Trump appointees have pushed a variety of federal agencies – including Interior, EPA, and HUD – to surrender much of their powers. Yesterday, the USPTO joined that list, when it announced proposed new regulations that would weaken the agency’s review of existing patents.

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

EU-US Comparison & Guide On Copyright Link Liability – An Update

09/05/2018 by Intellectual Property Watch 1 Comment

Ed Klaris and Alexia Bedat write: An update to our article reviewing US and European law/recent developments in link liability in both the copyright and defamation contexts and providing a checklist of questions an attorney (or editor) ought to ask before deciding, prepublication, whether a proposed link may lead to liability in the US and/or the EU. Updates include the recent Goldman v. Breitbart decision in which a Federal Judge concluded that embedding a Tweet can be copyright infringement.

Filed Under: Features, Inside Views, IP Policies, Language, Themes, Venues, Access to Knowledge/ Education, Copyright Policy, Enforcement, English, Europe, IP Law, Information and Communications Technology/ Broadcasting, North America, Regional Policy

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