US, EU Diverge On Medical Diagnostic Patents 10/05/2017 by Kim Treanor for Intellectual Property Watch 1 Comment A recent article in the journal Nature Biotechnology finds that since a key United States Supreme Court decision, the European Union and United States have diverged in their patent filings for medical diagnostics.
MSF Warns Of Threats To Public Health In Asian Trade Agreement IP Proposals 09/05/2017 by Intellectual Property Watch 1 Comment The 18th round of the Regional Comprehensive Economic Partnership (RCEP) trade agreement negotiations is taking place this week in Manila, Philippines. Health activists warn that Japan and South Korea are pushing for measures that go beyond international trade rules on intellectual property, including extending patent terms and data exclusivity in countries such as India, a primary source of cheaper generic medicines.
Exceptions To Copyright, Protection Of Broadcasters – Entangled Subjects At WIPO 09/05/2017 by Catherine Saez, Intellectual Property Watch 1 Comment Efforts by the newly elected chair of the World Intellectual Property Organization copyright committee, and ongoing studies and initiatives commissioned by WIPO to move past irreconcilable differences on limitations and exceptions to copyright, had little effect last week in terms of agreeing a work programme. However, the committee agreed to ask the WIPO secretariat to propose a draft action plan on those items, and also adopted a new version of a text on the protection of broadcasting organisations. But there was no agreement on recommending to the annual General Assemblies in October to convene a diplomatic conference to finish negotiations on a broadcasting treaty.
At re:publica 2017, Strategy Of ‘The Facebook Empire’ Revealed By Patents 09/05/2017 by Monika Ermert for Intellectual Property Watch Leave a Comment In a talk at the re:publica 2017 in Berlin this week, academics from the Share Lab Project presented how they relied on an unusual resource to get a measure of the algorithms of Facebook. By reading through a part of the 8000 patents registered by the company, the researchers were able to shed some light into the process of how the “Empire” turns the raw data they treat their users as into those valuable big data golden profiles that then can be marketed.
The True Believer: An Interview With New IFPMA Director General Thomas Cueni 08/05/2017 by Catherine Saez and William New, Intellectual Property Watch 2 Comments The International Federation of Pharmaceutical Manufacturers and Associations (IFPMA) has long been at the centre of global public health policy in Geneva, representing industry from around the world. Now at a critical moment of change in the policymaking machinery, a new leader, Thomas Cueni of Switzerland, has taken over. Intellectual Property Watch recently sat down with him to discuss his views and vision going forward, and discovered his intellectual pragmatism and diverse experience which promise to open an ambitious new era for the association and global health policy.
Growing Music Streaming Industry Leaves Performers By The Wayside, Speakers Say 05/05/2017 by Catherine Saez, Intellectual Property Watch 1 Comment There is growing worry and resentment among music performers around the world about the low level of their remuneration and the fact that they are mostly missing their share of the internet music streaming pie, according to speakers at an event held at the World Intellectual Property Organization this week. Performers need a change in international rules, in particular a right to remuneration, they said.
Interplay Between Inter Partes Reviews (IPRs) And ITC Section 337 Proceedings 05/05/2017 by Guest contributor for Intellectual Property Watch Leave a Comment Since the passage of the America Invents Act (“AIA”) in 2011, Inter Partes Reviews (“IPRs”) before the Patent Trial and Appeal Board (“PTAB”) have assumed growing importance in patent litigation in federal district courts. Until recently, IPRs have not played a significant role in International Trade Commission (“ITC”) Section 337 investigations. While the ITC is unlikely to stay a Section 337 investigation, pending IPRs will likely have an increasing impact at the ITC, especially when an IPR proceeding reaches an advanced stage before or during the pendency of a Section 337 investigation. This article examines the limited interplay to date between IPRs and Section 337 proceedings and discusses potential implications for future investigations.
Paper: National Laws, UPOV, Should Be Revised To Ensure Farmers Rights 05/05/2017 by Intellectual Property Watch 1 Comment The right of farmers to use, exchange and sell farm-saved seeds should be ensured through national laws and a revision of the International Union for the Protection of New Varieties of Plants (UPOV), so the objectives of another United Nations international treaty on plant genetic resources can be fulfilled, a recent research paper states.
Plain Packaging For Tobacco Products: WTO Dispute Settlement Body Allegedly Backs Australia 05/05/2017 by Catherine Saez, Intellectual Property Watch 2 Comments According to many media this morning, citing anonymous sources, the World Trade Organization Dispute Settlement Body has reached a decision in a dispute challenging Australia’s tobacco product plain packaging law. Australia appears to have won the case. The WTO is non-committal and says only a “confidential interim report” has been circulated. Australia is not commenting.
WIPO Promotes IP Flexibilities Database 05/05/2017 by Intellectual Property Watch Leave a Comment The UN World Intellectual Property Organization this week promoted a database it has developed containing a collection of flexibilities to IP laws in countries around the world.