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A Glance At Current Patent Litigation In India

29/07/2011 by Intellectual Property Watch Leave a Comment

The third amendment of Patents Act 1970, in 2005, was a major breakthrough for Indian IP practice in patents. The current crop of judicial decisions, discussed in this note, has initiated the need to have a critical mass of judicial precedents streamlining law and rules governing patent practice in India, writes Kamakhya Srivastava.

Filed Under: Inside Views, IP Policies, Language, Themes, Asia/Pacific, English, IP Law, Innovation/ R&D, Patents/Designs/Trade Secrets

Corporate Self-Interest And Strategic Choices: Gilead Licenses To Medicines Patent Pool

21/07/2011 by Intellectual Property Watch 3 Comments

Gilead’s recently announced ARV licenses to the Medicines Patent Pool, although positive in some respects, still unreasonably limit the geographical access of key middle-income countries and restrict the sourcing of APIs and products to Indian companies, meaning that both generics companies and excluded countries will need to make strategic decisions to bypass the defects in the licenses, writes Brook Baker.

Filed Under: Inside Views, IP Policies, Language, Themes, Venues, English, Health & IP, Innovation/ R&D, Patents/Designs/Trade Secrets, Technical Cooperation/ Technology Transfer, WHO

Interview With Chief Judge Paul R. Michel On US Patent Reform

14/07/2011 by Intellectual Property Watch 7 Comments

Chief Judge Paul R. Michel (Ret.), of the U.S. Court of Appeals for the Federal Circuit, saw hundreds of patent cases during his distinguished career and has a unique position from which to view and offer advice on efforts in the US Senate and House of Representatives to agree on changes to domestic patent law. Intellectual Property Watch recently had the opportunity to interview Judge Michel on prospects for substantive patent reform in the US, the effect on future cases involving domestic and foreign patents, likely constitutional challenges, and the “non-problem” of non-practicing entities.

Filed Under: Inside Views, IP Policies, Language, Themes, Venues, Biodiversity/Genetic Resources/Biotech, English, Environment, Health & IP, IP Law, Innovation/ R&D, Lobbying, North America, Patents/Designs/Trade Secrets, WIPO

Does Introduction Of A Utility Model Protection Regime Make Sense In India?

13/07/2011 by Intellectual Property Watch 2 Comments

India has at least seven diverse intellectual property (IP) legislations related to protection already in place. Its focus should therefore arguably be directed – along the lines of many other IP jurisdictions – on more stringent enforcement modus operandi of the IP rights. Is there scope for introducing yet another IP legislation – the utility model protection law – in the Indian IP landscape and if so, what should be its scope and implication, asks Swarup Kumar.

Filed Under: Inside Views, IP Policies, Language, Themes, Asia/Pacific, Biodiversity/Genetic Resources/Biotech, Development, Enforcement, English, IP Law, Innovation/ R&D, Patents/Designs/Trade Secrets, Technical Cooperation/ Technology Transfer

Amending Canada’s Access To Medicines Regime (CAMR): The New Fate Of Bill C-393

28/06/2011 by Intellectual Property Watch 4 Comments

A Canadian bill to improve global access to medicines might get another shot in the new Parliament, writes Daniele Dionisio.

Filed Under: Inside Views, IP Policies, Themes, Venues, English, Health & IP, Human Rights, Patents/Designs/Trade Secrets, WHO, WTO/TRIPS

Drug Access Issues In Spotlight At UN High-Level Meeting On HIV, WIPO Event

08/06/2011 by Intellectual Property Watch, Intellectual Property Watch 2 Comments

This week the United Nations meets in New York with the possibility of finding a way to end the HIV crisis that in the past two decades spread like wildfire and decimated societies in many developing countries, in particular in sub-Saharan Africa.

Filed Under: Features, IP Policies, Themes, Venues, English, Health & IP, Human Rights, Innovation/ R&D, Patents/Designs/Trade Secrets, Technical Cooperation/ Technology Transfer, United Nations - other, WHO, WIPO

Brazil’s Copyright Reform: Are We All Josef K.?

12/05/2011 by Intellectual Property Watch 8 Comments

Discussions are heating up as never before on Brazil’s copyright reform, and controversies involving the new administration as well as the collecting society (ECAD)’s alleged wrongdoings are jeopardising the last eight years of Lula’s administration, according to an updated timeline and analysis by Pedro Paranaguá.

Filed Under: Inside Views, IP Policies, Language, Themes, Access to Knowledge/ Education, Copyright Policy, Development, English, Information and Communications Technology/ Broadcasting, Innovation/ R&D, Latin America/Caribbean, Lobbying

Trading’s End: Is ACTA The Leading Edge Of A Protectionist Wave?

06/05/2011 by Intellectual Property Watch 4 Comments

Government policymakers are stalling on trade liberalization while erecting new nontransparent trade barriers, writes Frederick Abbott.

Filed Under: Inside Views, IP Policies, Language, Themes, Venues, Access to Knowledge/ Education, Bilateral/Regional Negotiations, Copyright Policy, Development, Enforcement, English, Europe, IP Law, North America, Patents/Designs/Trade Secrets, Trademarks/Geographical Indications/Domains, WTO/TRIPS

Plant Breeder’s Rights – A Blessing Or A Curse?

20/04/2011 by Intellectual Property Watch 1 Comment

Niels Louwaars of the Centre for Genetic Resources, Wageningen University, The Netherlands, discusses the importance of plant breeder’s rights. He makes the case for a carefully balanced protection for plant breeders and changes to patents in agriculture, in order to ensure a competitive, diversified supply of plant varieties and seeds.

Filed Under: Inside Views, IP Policies, Themes, Venues, Biodiversity/Genetic Resources/Biotech, Development, English, Europe, Human Rights, Innovation/ R&D, Patents/Designs/Trade Secrets, Technical Cooperation/ Technology Transfer, Traditional and Indigenous Knowledge, United Nations - other

Financial Transaction Tax: A Resource For WHO Global Strategy And Plan of Action

07/04/2011 by Intellectual Property Watch 1 Comment

dionisio-daniele1A recent European Parliament resolution on a European Financial Transaction Tax could represent an important resource for a WHO-led initiative to find sustainable financing for research into diseases afflicting poor populations.

Filed Under: Inside Views, IP Policies, Language, Themes, Venues, English, Finance, Health & IP, Innovation/ R&D, Patents/Designs/Trade Secrets, WHO

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