Community Right To Access Unpublished Works Trumps Moral Rights Of Heir, Argentine Court Says 11/04/2013 by Maximiliano Marzetti for Intellectual Property Watch 1 Comment In a recent decision, Ediciones de la Flor SA c. Fontanarrosa Franco s. Acción Mere Declarativa (File No. 1420/08), the Court of First Instance in Civil and Commercial Matters No. 12 of Rosario, the second largest city in Argentina, ruled that the rights of the community to access unpublished works of a deceased author are superior to the moral rights of one of his heirs to oppose such publication.
WIPO Hails India’s Accession To Trademark System; India Advocates Balance 09/04/2013 by Catherine Saez, Intellectual Property Watch 1 Comment A full room of country delegates and ambassadors gathered yesterday to celebrate the accession of India to the Madrid Protocol for the International Registration of Marks at the World Intellectual Property Organization. However, beyond the joy of accession, the recent decision of the Indian Supreme Court on a Novartis drug patent loomed in the room.
African Regional Plant Variety Protection Draft Legislation Raises Protest 05/04/2013 by Catherine Saez, Intellectual Property Watch 1 Comment A draft protocol for the protection of new varieties of plants proposed by an inter-governmental African regional economic community is provoking the ire of civil society concerned about the potential impact of the protocol on small farmers, and the lack of consultation of farmers.
The Judgment In Novartis v. India: What The Supreme Court Of India Said 04/04/2013 by Intellectual Property Watch 9 Comments Following the Indian Supreme Court decision in Novartis AG v. Union of India, Prof. Frederick Abbott says, “the judgment is well-crafted, with close attention to the facts presented, and appears to take a balanced view of the matters brought before the Court.”
Novartis Loses Patent Bid: Lessons From India’s 3(d) Experience 01/04/2013 by Patralekha Chatterjee for Intellectual Property Watch 15 Comments New Delhi – On 1 April, in a packed room in India’s Supreme Court, two judges – Justice Aftab Alam and Justice Ranjana Desai – delivered a verdict that has the potential to dramatically change the national and global conversation about patents and patients.
East African Community Doubles Efforts To Boost Local Pharmaceutical Production 28/03/2013 by Rachel Marusak Hermann, Intellectual Property Watch Leave a Comment Arusha, Tanzania – Pharmaceutical manufacturers in East Africa have joined forces to strengthen their production capacity to meet at least half of the region’s demand for affordable, quality medicines. The East African Community is supporting this ambitious goal through various initiatives, including a regional intellectual property policy to guide partner states on developing national legislation that fosters local pharmaceutical production.
Royalty-Setting For Standard Essential Patents Might Be Balanced By Prospect Of Injunction, Speakers Say 28/03/2013 by Catherine Saez, Intellectual Property Watch Leave a Comment Threats of injunction in cases of infringement of essential standard patents, which have raised concerns in Europe and the United States as being leverage for patent holders to get higher royalties, might in fact be a way to maintain an equilibrium in royalty-setting, according to speakers at a World Intellectual Property Organization event.
Why So Many Patent Filings Were Filed In The US On Or Before 15 March 2013 27/03/2013 by Intellectual Property Watch Leave a Comment Attorney Charles Macedo addresses the question: Why did so many patent applicants rush to file patent applications before the America Invents Act (AIA) law changes went into effect – and what might happen if they didn’t?
South Africa: Trampling Tradition – A Call For Support 25/03/2013 by Intellectual Property Watch Leave a Comment On 5 March, the Shadow Minister of Trade and Industry, Dr Wilmot James, submitted a Private Members’ Bill to the Office of the Speaker entitled the Protection of Traditional Knowledge Bill – a new traditional knowledge bill that would supplant the one recently sent back by the president of South Africa, Cobus Jooste writes.
Diverging Views On IPR Protection Needs In Africa Emerge At IP Workshop 25/03/2013 by Rachel Marusak Hermann, Intellectual Property Watch 1 Comment Dar es Salaam, Tanzania – Nigeria’s booming film industry, born in an intellectual property-free environment, was presented as a case study of how IP needs may vary depending on context during a recent workshop organised by the US Commerce Department. In parallel, representatives of multinational brands and law enforcement delivered a strong message on the gravity of counterfeit trade, highlighting its link to organised crime.