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Inside Views/Opinions

Express your views and offer your constructive insights on current IP policy debates. Send ideas to editorial@ip-watch.ch

The Perfect Package: A Checklist To Avoid Legal Challenges

10/09/2014 by Intellectual Property Watch Leave a Comment

By William Rava and Jason Howell, Perkins Coie Product packaging is an increasingly important marketing opportunity.  Well-executed product packaging can support and strengthen your brand identity, differentiate your product on the shelf, and convey important, and often required, information to consumers.  But there are also many potential pitfalls – from intellectual property issues to advertising […]

Filed Under: Features, Inside Views, IP Policies, Language, Themes, Venues, Enforcement, English, Finance, North America, Regional Policy, Trademarks/Geographical Indications/Domains

The Politicization Of The US Patent System

25/08/2014 by Intellectual Property Watch 1 Comment

The Washington Post story, How patent reform’s fraught politics have left USPTO still without a boss (July 30), is a vivid account of how patent reform has divided the US economy, preempting a possible replacement for David Kappos who stepped down 18 months ago. The division is even bigger than portrayed. Universities have lined up en masse to oppose reform, while main street businesses that merely use technology argue for reform. Reminiscent of the partisan divide that has paralyzed US politics, this struggle crosses party lines and extends well beyond the usual inter-industry debates. Framed in terms of combating patent trolls through technical legal fixes, there lurks a broader economic concern – to what extent ordinary retailers, bank, restaurants, local banks, motels, realtors, and travel agents should bear the burden of defending against patents as a cost of doing business, writes Brian Kahin.

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

Analysis: Monkey In The Middle Of Selfie Copyright Dispute

20/08/2014 by Intellectual Property Watch 9 Comments

The recent case of a monkey selfie that went viral on the web raised thorny issues of ownership between a (human) photographer and Wikimedia. Two attorneys from Morrison & Foerster sort out the relevant copyright law.

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

Internet Governance And Celestial Mechanics

19/08/2014 by Intellectual Property Watch Leave a Comment

At a recent meeting of the UN Commission on Science and Technology for Development (CSTD), a Cuban expert offered a humorous – but at the same time serious – vision of global internet governance. Below are his remarks.

Filed Under: Inside Views, IP Policies, Language, Themes, Venues, Access to Knowledge/ Education, English, ITU/ICANN, Information and Communications Technology/ Broadcasting, Trademarks/Geographical Indications/Domains

Compulsory Licences Needed For Affordable Hepatitis C Innovative Drug Regimens

05/08/2014 by Intellectual Property Watch 1 Comment

Compulsory licences should be issued to roll out generic versions of innovative HCV drugs. Only generic competition can push down the extortionate prices of these lifesaving medicines, while placing equitable access and public interest before monopolistic pharma companies’ business strategies, Daniele Dionisio argues.

Filed Under: Inside Views, IP Policies, Language, Themes, Venues, Africa, Asia/Pacific, English, Europe, Finance, Health & IP, Innovation/ R&D, North America, Patents/Designs/Trade Secrets, Regional Policy, Technical Cooperation/ Technology Transfer, WHO

WIPO And Caribbean IP, What’s The Point?

30/06/2014 by Intellectual Property Watch 1 Comment

Recent months have seen a few interesting intellectual property symposia in the Caribbean, in particular the WIPO–JIPO Regional Conference on IP and creative industries which was held in Jamaica from February 10-12 2014. It is quite interesting that in spite of the intention that it should be regional as indicated in the title of the conference, there seems to have been little participation from the fifteen member countries of Caricom and that most of the sessions focused on Jamaica and its situation, perhaps a natural outcome of the WIPO–JIPO collaboration. Progressive Caribbean intellectuals in the area of intellectual property were also notably absent from the forum, writes Abiola Inniss.

Filed Under: Inside Views, IP Policies, Language, Themes, Venues, Access to Knowledge/ Education, Copyright Policy, Development, English, Innovation/ R&D, Latin America/Caribbean, Patents/Designs/Trade Secrets, Technical Cooperation/ Technology Transfer, Trademarks/Geographical Indications/Domains, WIPO

Online Trust: Between Competences And Intentions

26/06/2014 by Intellectual Property Watch Leave a Comment

Jovan Kubalija writes: Trust (or the lack thereof) is a frequent theme in public debates. It is often seen as a monolithic concept. However, we trust different people for different reasons, and in different ways. Sometimes we trust that people can do something (competences). In other situations our trust focuses on their intentions. This text is about trust in online space. It is inspired by discussions at the WSIS+10 high level dialogue on cybersecurity and trust.

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

What Questions Did The WSIS+10 High Level Event Answer?

16/06/2014 by Intellectual Property Watch 1 Comment

Consultant Richard Hill writes: The WSIS+10 High Level Event (HLE) last week unanimously adopted two documents (a Statement and a Vision), consisting of some 37 pages of text. What can be learned from this event regarding the evolution of the Internet and its governance? Some of what can be learned confirms what was learned from Netmundial. This short note covers only such items (that is, those that overlap Netmundial), and it may not cover all such items. The HLE output contains many items that were not covered by Netmundial, and Netmundial covered some items that were not covered by the HLE (in particular mass surveillance and the transition of the IANA function).

Filed Under: Inside Views, IP Policies, Language, Themes, Venues, Access to Knowledge/ Education, Copyright Policy, Development, English, ITU/ICANN, Information and Communications Technology/ Broadcasting, Technical Cooperation/ Technology Transfer, Trademarks/Geographical Indications/Domains

Dutch Supreme Court Allows Evidentiary Seizures In All Civil Cases

05/06/2014 by Intellectual Property Watch Leave a Comment

In civil litigation, obtaining the necessary evidence to substantiate a claim can be rather challenging. This can be particularly problematic if the required evidence is in the possession of the opposing party or even a third party. In the Netherlands, this problem is strengthened by the fact that the concept of US style discovery or UK style disclosure does not exist. Levying evidentiary seizures could therefore be a powerful tool, say two Dutch-based attorneys.

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

Get Tested For Hepatitis C! – Interview With Abbott’s Gavin Cloherty

28/05/2014 by Intellectual Property Watch Leave a Comment

Gavin Cloherty is associate director of scientific affairs at the US molecular diagnosis developer Abbott Molecular. Abbott has a long-standing history of developing tests for detecting and monitoring hepatitis, among other areas. With Intellectual Property Watch, Cloherty discussed the burden of hepatitis C, the process of diagnosis and the importance of diagnosis for curbing and treating the disease.

Filed Under: Inside Views, IP Policies, Language, Themes, Venues, Access to Knowledge/ Education, Biodiversity/Genetic Resources/Biotech, English, Health & IP, Human Rights, Innovation/ R&D, Lobbying, North America, Patents/Designs/Trade Secrets, Technical Cooperation/ Technology Transfer, WHO

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