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Intellectual Property Watch

Original news and analysis on international IP policy

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Native Tribes Can’t Shield Patents From USPTO Review

21/07/2018 by Steven Seidenberg for Intellectual Property Watch 1 Comment

The strategy was breathtaking in its boldness. Just days before the USPTO was to hear a challenge to Allergan Inc.’s patents on a dry-eye drug, Restasis, the company transferred those patents to a Native American tribe; the tribe then sought to dismiss the USPTO proceedings by asserting sovereign immunity. Following this action, a number of other patentees made similar transfers to Native tribes, in order to protect their patents. More patentees were poised to do so, should this ploy prove effective. It, however, did not. On 20 July, the Federal Circuit Court of Appeals ruled the tribe’s sovereign immunity did not protect its patents from USPTO review. The ruling thus kept intact a key component of America’s patent system.

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

US Continues To Block Progress On WTO Appeals Body, While Rapidly Adding Cases To The System

20/07/2018 by Catherine Saez, Intellectual Property Watch Leave a Comment

The United States is piling up dispute settlement cases against its trading partners at the World Trade Organization while at the same time ironically blocking any progress on the selection of panellists for appeals in the WTO dispute settlement process.

Filed Under: IP Policies, Language, Subscribers, Themes, Venues, Copyright Policy, Enforcement, English, IP Law, Patents/Designs/Trade Secrets, Trademarks/Geographical Indications/Domains, WTO/TRIPS

Central Banks Consider Blockchain-Based Digital Currency At ITU Meeting

20/07/2018 by David Branigan, Intellectual Property Watch Leave a Comment

NEW YORK – The UN International Telecommunication Union’s Digit Fiat Currency (ITU-DFC) Focus Group is meeting in New York this week to consider the potential promise and pitfalls of central bank-issued digital currency.

Filed Under: IP Policies, Language, Subscribers, Themes, Venues, Copyright Policy, English, Finance, ITU/ICANN, Information and Communications Technology/ Broadcasting, New Technologies, Trademarks/Geographical Indications/Domains

WIPO Looks At Importance Of Standards Documents, Collaboration Of IP Offices And Standards Organisations

18/07/2018 by Catherine Saez, Intellectual Property Watch Leave a Comment

Common standards are essential for technologies, particularly for interoperability. However, a number of technologies essential to standards are patented, which has created issues relating to licensing or high royalties. Last week, the World Intellectual Property Organization organised an information session on patents and standards, including aspects of patent quality, issues relating to international trade, and the role of the organisation in facilitating the relationship between patents and standards.

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

Outcome Of ITU Global Regulators Symposium: Interview With Brahima Sanou

16/07/2018 by Intellectual Property Watch Leave a Comment

Heads of national information and telecommunications regulatory authorities gathered in Geneva for an annual symposium, and agreed on global best practice guidelines for the new digital ecosystem. After the meeting, Brahima Sanou, head of the UN International Telecommunication Union Development Bureau answered Intellectual Property Watch on the outcome of the meeting, and topics such as privacy and the digital divide.

Filed Under: Features, Inside Views, IP Policies, Language, Subscribers, Themes, Venues, Copyright Policy, English, ITU/ICANN, Information and Communications Technology/ Broadcasting, New Technologies, Trademarks/Geographical Indications/Domains

Balance Achieved In Future Work For WIPO Patent Law Committee, Delegates Say

13/07/2018 by Catherine Saez, Intellectual Property Watch 2 Comments

The last World Intellectual Property Organization committee before the summer break ended on a happy note this week. After some time spent tweaking the future work of the WIPO committee on the law of patents, delegates appeared satisfied with the balance achieved. The week saw plans for conferences, numerous new proposals and calls for reports, on subjects such as research exceptions, patents and medicines access, compulsory licensing, technology transfer, and patent quality.

Filed Under: IP Policies, Language, Subscribers, Themes, Venues, Enforcement, English, Health & IP, Innovation/ R&D, Patents/Designs/Trade Secrets, WIPO

Regulating The Internet And Emerging Technology: The Path Ahead

12/07/2018 by Adithi Koushik for Intellectual Property Watch Leave a Comment

Regulators meeting at the UN International Telecommunication Union this week were attempting to advance guiding principles for the regulation of 5G spectrum, artificial intelligence, internet connectivity and cyber security.

Filed Under: IP Policies, Language, Subscribers, Themes, Venues, Access to Knowledge/ Education, Copyright Policy, English, ITU/ICANN, Information and Communications Technology/ Broadcasting, New Technologies, Technical Cooperation/ Technology Transfer, Trademarks/Geographical Indications/Domains, United Nations - other

WIPO Genetic Resources Expert Group Ponders Disclosure Requirement, Databases

27/06/2018 by Catherine Saez, Intellectual Property Watch Leave a Comment

On the eve of this week’s meeting of a World Intellectual Property Organization committee on genetic resources, an expert group met behind closed doors to discuss some of the more difficult issues. The report of the expert group to the full committee on 25 June confirmed differences but also common views and avenues to be explored, and has been carried into the week.

Filed Under: IP Policies, Language, Subscribers, Themes, Venues, Biodiversity/Genetic Resources/Biotech, Development, Enforcement, English, Health & IP, Innovation/ R&D, Patents/Designs/Trade Secrets, Traditional and Indigenous Knowledge, WIPO

Internet Policy – Whois And GDPR: Sky Not Falling Just Yet?

23/06/2018 by Monika Ermert for Intellectual Property Watch Leave a Comment

The struggle over how to comply with Europe’s new General Data Protection Regulation dominates the agenda of the upcoming meeting of the Internet Corporation for Assigned Names and Numbers (ICANN) in Panama. With the basic question how much data ICANN can ask its contractual partners to collect and store about its domain name customers, ICANN this week opened another hot topic to be discussed when publishing a paper on unified access to registration data. Meanwhile, trademark owners weighed in.

Filed Under: IP Policies, Language, Subscribers, Themes, Venues, Access to Knowledge/ Education, Copyright Policy, Enforcement, English, Human Rights, ITU/ICANN, Information and Communications Technology/ Broadcasting, Lobbying, Trademarks/Geographical Indications/Domains

Expert Group Meets Ahead Of This Week’s WIPO Genetic Resources Negotiations

22/06/2018 by Catherine Saez, Intellectual Property Watch Leave a Comment

An expert group is meeting Sunday at the World Intellectual Property Organization, on the eve of a weeklong session of the WIPO committee on genetic resources and traditional knowledge. The expert group will address the most divisive issues in the discussions of the committee in charge of finding solutions to protect genetic resources, traditional knowledge and folklore against misuse and misappropriation.

Filed Under: IP Policies, Language, Subscribers, Themes, Venues, Biodiversity/Genetic Resources/Biotech, Development, Enforcement, English, Environment, Patents/Designs/Trade Secrets, Traditional and Indigenous Knowledge, WIPO

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