KSR Decision May Impact EU Patent Process But Not Harmonisation 01/06/2007 by Dugie Standeford for Intellectual Property Watch Leave a Comment By Dugie Standeford for Intellectual Property Watch While the direct impact of the recent landmark US Supreme Court decision in Teleflex v. KSR on patent law and practice will be felt only in the United States, the case could indirectly spark changes to European patent processes, experts said. Its focus on the troublesome question of when an invention is “obvious,” however, means it probably will not help global efforts to harmonise national patent systems, they said.
US Courts Leave Patent Holders Seeking Stronger International Enforcement 29/05/2007 by Steven Seidenberg for Intellectual Property Watch Leave a Comment By Steve Seidenberg for Intellectual Property Watch As more and more commerce crosses national borders, so do more and more items seen as infringing on patents. And patent holders are making a case for stronger international rules on enforcement to protect themselves. International intellectual property treaties enable an inventor to file one patent application and obtain patent rights in multiple countries, but the treaties do not provide similar mechanisms for multinational enforcement. A patentee can sue in each country where infringement occurs, but this is often prohibitively expensive, they say.
WHO Head Expresses Commitment To Strengthen IP Working Group 20/05/2007 by Tove Iren S. Gerhardsen for Intellectual Property Watch Leave a Comment By Tove Iren S. Gerhardsen World Health Organization Director General Margaret Chan this week made a firm commitment to strengthen an intergovernmental working group on innovation and access to treatments that for the past year has struggled to find its focus, sources said. With a new proposal from Brazil focusing on what WHO can do […]
US To Loosen Drug Patent Provisions In Some Trade Deals 17/05/2007 by Martin Vaughan for Intellectual Property Watch 1 Comment By Martin Vaughan for Intellectual Property Watch WASHINGTON – The White House has agreed to loosen restrictions on clinical test data and patent safeguards for pharmaceuticals in bilateral trade agreements between the United States and Peru, Panama, and Colombia as part of a broader agreement with congressional Democrats to spur progress on the Bush administration […]
IP Rises At Assembly As Brazil Proposes Greater WHO Role In Trade 17/05/2007 by Tove Iren S. Gerhardsen for Intellectual Property Watch Leave a Comment By Tove Iren S. Gerhardsen Intellectual property has become a major issue at this year’s World Health Assembly, with Brazil introducing a new draft resolution on public health, innovation and intellectual property, adding to various draft resolutions involving IP already under discussion. Meanwhile, a question was raised this week about WHO leadership on these issues. […]
Health Assembly Tackles Proposals On Avian Flu Virus Sharing 16/05/2007 by Tove Iren S. Gerhardsen for Intellectual Property Watch Leave a Comment By Tove Iren S. Gerhardsen Early in the 2007 World Health Assembly, the focus has moved to avian flu virus sample sharing for the development of treatments and access by both developed and developing countries. A drafting group started work on combining various proposals, including new drafts from the United States and an Indonesia-led group […]
US Supreme Court Reins In Reach Of US Patents 15/05/2007 by Sarah Stirland for Intellectual Property Watch Leave a Comment By Sarah Lai Stirland for Intellectual Property Watch The United States Supreme Court in late April reined in another patent appeals court ruling it deemed overly-expansive. The high court ruled that software companies liable for infringing a patent in the United States cannot at the same time be held liable by American courts for the same activities outside of US borders. “Foreign law alone, not United States law, currently governs the manufacture and sale of components of patented inventions in foreign countries,” wrote Justice Ruth Bader Ginsberg on behalf of three of her colleagues, Justices Anthony Kennedy, Antonin Scalia and David Souter.
The WIPO View On Enforcement, Idris And Development Agenda 14/05/2007 by Intellectual Property Watch 1 Comment Wolfgang Starein is the World Intellectual Property Organization (WIPO) official with primary responsibility for enforcement of intellectual property rights. In a series of recent interviews with Intellectual Property Watch, Starein talked about WIPO’s enforcement agenda for the coming year, a January 2007 enforcement conference, access to knowledge, WIPO’s relationship to the World Trade Organization (WTO) […]
IP Issues May Spark Debate At World Health Assembly 10/05/2007 by Tove Iren S. Gerhardsen for Intellectual Property Watch Leave a Comment By Tove Iren S. Gerhardsen Intellectual property rights issues could play a significant role in the annual World Health Assembly which begins next week. While not the most prominent topic for the assembly, IP is expected to arise in discussions on malaria, avian influenza and in the “mid-term” progress report of a contested working group […]
USPTO Cautious In Interpretation Of Supreme Court Ruling On Patents 09/05/2007 by Sarah Stirland for Intellectual Property Watch Leave a Comment By Sarah Lai Stirland for Intellectual Property Watch The United States Patent and Trademark Office (USPTO) has issued a preliminary memorandum that instructed its examiners to interpret a landmark Supreme Court ruling conservatively – even as the wider community in the field of US patent law expect the opinion to shake up longstanding rules that determine when an idea is too obvious to be granted a patent. The office also formed an experts’ group on the issue.