WTO Back At The Discussion Table On GI Register 08/12/2014 by Intellectual Property Watch Leave a Comment An informal meeting is scheduled to take place on 12 December at the World Trade Organization on a multilateral register for geographical indications of wines and spirits. The meeting is expected to discuss how to move the work in the negotiations, and how to reflect it in the post-Bali work programme, according to a source.
One Bite At The Apple: PTAB Closes IPR Joinder Loophole 08/12/2014 by Intellectual Property Watch 2 Comments As a result of the America Invents Act enacted three years ago, the United States Patent Trial and Appeal Board (PTAB) now handles inter partes reviews (IPR)—a new trial proceeding used to challenge the validity of patent claims based on patents and printed publications. Recently, the PTAB has caused a split concerning the proper scope of the IPR joinder provision, which grants the PTAB discretion to join a “party” to a previously-instituted IPR. In the past, the PTAB interpreted the term “party” expansively to include petitioners for whom it had already instituted an IPR. Petitioners were quick to jump on this loophole, and have since sought to raise new arguments in an instituted IPR by filing a subsequent petition and seeking joinder with the in-progress proceeding.
WIPO Seminar: For Access To Hepatitis C Treatments, Look At HIV Lessons 08/12/2014 by Catherine Saez, Intellectual Property Watch 2 Comments A seminar on innovation and access to medicine last week examined the issue of access to hepatitis C treatment, looking at the HIV/AIDS path. Voluntary licences, such as the one entered by Gilead for its hepatitis drugs, have been applauded but such licences often do not cover middle-income countries, which are home to the bulk of hepatitis C patients, and whose poor populations remain unable to access treatment.
Draft UN Post-2015 Development Goals: Future Must Not Be ‘Business As Usual’, Including IP Rights 07/12/2014 by William New, Intellectual Property Watch Leave a Comment Last week’s United Nations draft report for the post-2015 sustainable development goals under negotiation calls for continued progress toward sweeping improvements in the lives of all people and the health of the planet, including ensuring that intellectual property rights are respected but do not get in the way.
WIPO Seminar Discusses Intellectual Property And Gender 05/12/2014 by Elena Bourtchouladze for Intellectual Property Watch 1 Comment Gender differences persist in the field of intellectual property, but there are signs of change, and new proposals are emerging for bringing greater balance, a US professor told a gathering at the World Intellectual Property Organization this week.
Paper Proposes Access And Benefit Mechanisms To Help Implement Nagoya Protocol 04/12/2014 by Intellectual Property Watch 2 Comments A recent paper proposes that countries use the access and benefit-sharing mechanism of the Nagoya Protocol to ensure conservation action and effective implementation of the protocol.
Remembering Ville Oksanen 04/12/2014 by William New, Intellectual Property Watch Leave a Comment From EDRi: Ville Oksanen, Vice President and a founding member of Electronic Frontier Finland (Effi), passed away on Sunday 23 November 2014 in Helsinki from a sudden illness. He was 37 years old.
Civil Society Files Opposition To Monsanto Climate-Related Soybean Patent 03/12/2014 by Catherine Saez, Intellectual Property Watch 2 Comments A civil society coalition is after one of European Monsanto’s patents, accusing the giant seed corporation of biopiracy. The patent granted in February was challenged by the No Patents on Seeds coalition, which filed an opposition a few days ago.
A Middle Path: Advocate-General’s Opinion On Abuse Of Dominance For FRAND-Encumbered SEPs 02/12/2014 by Magda Voltolini for Intellectual Property Watch Leave a Comment For the first time, the European Advocate-General has suggested on the grounds of European competition law the context for negotiations of fair, reasonable and non-discriminatory (FRAND) terms, and has set criteria for the enforcement of injunctions and other remedies in actions involving infringement of standard-essential patents (SEPs). The Court of Justice of the European Union (CJEU) decision is still pending.
EU Law Does Not Adequately Protect Performers, Study Finds 02/12/2014 by Elena Bourtchouladze for Intellectual Property Watch 1 Comment The Association of European Performers’ Organisations (AEPO-ARTIS) has released a study showing that EU legislation does not provide adequate protection to performers for the legal exploitation of their performances on the internet.