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Intellectual Property Watch

Original news and analysis on international IP policy

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The Global Debate On IP, Trade And Development: Past, Present and Future

29/04/2017 by Guest contributor for Intellectual Property Watch 1 Comment

Register Now for The Global Debate on Intellectual Property, Trade and Development: Past, Present and Future – A Conference in Honour of Pedro Roffe, taking place on 15 June at the University of Geneva, Uni-Bastions, Geneva, Switzerland. Registration is open and free, see details.

Filed Under: Features, IP Policies, Language, Themes, Venues, Copyright Policy, Development, English, Europe, Latin America/Caribbean, Paid Content, Patents/Designs/Trade Secrets, Regional Policy, Trademarks/Geographical Indications/Domains, United Nations - other, WIPO, WTO/TRIPS

TRIPS Flexibilities Under Threat From Investment Disputes: A Closer Look At Canada’s “Win” Against Eli Lilly

27/04/2017 by Intellectual Property Watch 3 Comments

Cynthia Ho writes: In the first known investment dispute regarding patents, Eli Lilly & Co v. Canada, Canada recently prevailed over the pharmaceutical giant Eli Lilly. Although Canada won in a unanimous decision, the ruling does not, however, guarantee domestic discretion going forward, contrary to the suggestion of some.

Filed Under: Features, Inside Views, IP Policies, Language, Themes, Venues, English, Health & IP, IP Law, Patents/Designs/Trade Secrets, WTO/TRIPS

US Supreme Court Ruling Worries Patent Experts

25/04/2017 by Steven Seidenberg for Intellectual Property Watch 2 Comments

A recent US Supreme Court patent law decision surprised few observers – other than those steeped in patent law. The high court’s ruling in SCA Hygiene Prods. Aktiebolag v. First Quality Baby Prods stunned and dismayed many patent experts, because the decision will benefit patent trolls and other unscrupulous patent owners, at the expense of companies just trying to make and sell their products. On the positive side, however, the ruling brings US patent law more in line with Europe’s patent law.

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

Internet Of Things Is The Next Big Thing In Patents, And EPO Says It’s Ready For It

21/04/2017 by Dugie Standeford for Intellectual Property Watch 2 Comments

The European Patent Office has a “tradition of looking forwards” to anticipate patenting trends, and it sees the Internet of Things (IoT) as the next challenge, Chief Economist Yann Ménière said at 20 April OxFirst webinar on the office’s contribution to the coming world of billions of connected objects.

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

Google’s Waymo v. Uber Lawsuit Reflects High-Stakes IP War In Hot Driverless Car Sector

17/04/2017 by Bruce Gain for Intellectual Property Watch 2 Comments

Google’s Waymo claims Uber, an app-based taxi service, stole technology for a critical component for driverless cars, as the one of the world’s most-powerful tech titans wages a fierce legal battle to protect its intellectual property in an emerging area of the automotive industry.

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

The Web Is At A Crossroads – New Standard Enables Copyright Enforcement Violating Users’ Rights

13/04/2017 by Intellectual Property Watch 5 Comments

Parminder Jeet Singh writes: The World Wide Web today stands at a crossroads, as its standards body, the World Wide Web Consortium (W3C), considers the demand of big content providers to provide them with the facility to be able to control user devices for ensuring that their content is not copied. This facility is called the Encrypted Media Extension (EME), which enables these companies to put digital rights management (DRM) into the user’s browser, whether the user wants it or not, and whether such restrictions are as per the user’s local national laws or not.

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

The Current And Future Scope Of IPR Estoppel

04/04/2017 by Intellectual Property Watch Leave a Comment

David I. Berl and Christopher A. Suarez write: The estoppel provision of the America Invents Act, 35 U.S.C. 315(e), was touted originally as a check against patent challengers using inter partes review (“IPR”) proceedings to attack patents serially on the same or similar grounds. That provision precludes an IPR petitioner, or the real party in interest or privy of the petitioner, from asserting invalidity challenges in subsequent IPR, district court, or International Trade Commission (“ITC”) proceedings “on any ground that the petitioner raised or reasonably could have raised during” an IPR that resulted “in a final written decision.” Given the frequency of IPR and associated district court challenges, the scope of the AIA’s estoppel provision, with respect to the parties and arguments it estops, has become and will continue to be a critical and frequently contested issue for litigants.

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

Special Report: Will The Internet Of Things Need New Patenting/Licensing Strategies?

03/04/2017 by Dugie Standeford for Intellectual Property Watch Leave a Comment

The Internet of Things (IoT), which will connect billions of devices in coming years, may offer incredible opportunities for businesses and consumers but it also raises significant intellectual property issues, IP lawyers, mobile operators and others say. One key question is whether patenting and licensing strategies will have to change to adapt to the myriad standards being developed and patents being sought for IoT products and services, and for the coming rollout of 5G technologies.

Filed Under: Features, IP Policies, Language, Subscribers, Themes, Venues, English, Europe, ITU/ICANN, Information and Communications Technology/ Broadcasting, Innovation/ R&D, Patents/Designs/Trade Secrets, Regional Policy, Trademarks/Geographical Indications/Domains

What To Watch Out For In The EU-Mercosur FTA Negotiations: Consequences For Access To Medicines

22/03/2017 by Intellectual Property Watch 6 Comments

As negotiations take place this week, an evaluation of the impact of one of the TRIPS-plus measures of the Mercosur/EU FTA on the prices of medicines in Brazil has been released. Based on the draft of the agreement, by their calculations, an additional USD 444 million would be necessary to be spent by the public health system for the purchase of six medicines alone, write Marcela Fogaça Vieira and Gabriela Costa Chaves.

Filed Under: Features, Inside Views, IP Policies, Language, Themes, Venues, Bilateral/Regional Negotiations, English, Europe, Finance, Health & IP, Human Rights, Innovation/ R&D, Latin America/Caribbean, Patents/Designs/Trade Secrets, Regional Policy, Technical Cooperation/ Technology Transfer

The Changing Perspective Of Well-Known Trademarks In India

22/03/2017 by Guest contributor for Intellectual Property Watch 2 Comments

The innovative advertisements of famous trademarks we come across remind us of the image they have created in our minds and the quality of the respective products or services they reflect. Millions are spent by the owners of such marks to build their reputation and maintain their popularity in this competitive globalised world.

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

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