USPTO Patent Reexamination Process Is Flawed, Think Tank Says 10/06/2008 by Dugie Standeford for Intellectual Property Watch 1 Comment By Dugie Standeford for Intellectual Property Watch A United States Patent and Trademark Office procedure for third-party patent challenges is in turmoil and needs rethinking, an investigation by an independent think tank has found. Though few in number so far, inter partes reexaminations are increasingly used in conjunction with, rather than as an intended replacement for, patent infringement litigation. On top of that, the USPTO is taking years to resolve the cases, leaving business plans in disarray. The USPTO said it is working to cut delays in the system.
June Edition of IP-Watch Monthly Reporter Now Available 10/06/2008 by William New, Intellectual Property Watch Leave a Comment The Intellectual Property Watch Monthly Reporter features the most important news on international IP policymaking, the latest on who is coming and going in the IP community at the United Nations, World Trade Organization, Geneva missions, regional and national IP offices, industry and non-governmental organisations, plus News Briefs on reports and events that do not […]
Latest Available Text Of The CBD Decision On Access And Benefit-Sharing 05/06/2008 by Kaitlin Mara for Intellectual Property Watch 1 Comment Note: the final decisions of convention on biological diversity governing body are available here. A decision on a way forward on a global access and benefit-sharing regime was reached at a meeting of the parties to the Convention on Biological Diversity from 19 to 30 May in Bonn. The main body of the document describes steps needed to reach international consensus on the content of such a regime. Annex I of the document sets out a draft text for the international regime, and annex II contains terms of reference for expert technical and legal groups whose creation is mandated by the main text.
UNCITRAL Lays Groundwork For Policy On IP Assets And Financing 30/05/2008 by Liza Porteus Viana, Intellectual Property Watch Leave a Comment By Liza Porteus Viana for Intellectual Property Watch NEW YORK – The groundwork has been laid at the United Nations by governments, non-governmental organisations, and intellectual property and finance experts on how to use intellectual property assets to encourage credit around the globe while not interfering with intellectual property laws.
International ‘Making Available’ Right Becoming Less Available In US Law 28/05/2008 by William New, Intellectual Property Watch Leave a Comment By Steven Seidenberg for Intellectual Property Watch The United States can’t make up its mind. On one hand, the country has signed at least nine international agreements that explicitly provide a new digital right for copyright owners: the exclusive right to make their works electronically available to the public. On the other hand, the US courts are uncertain whether this “making available” right exists under US law. US courts have split over this issue, with some recognising the right and others rejecting it. But a new trend may be emerging. In the last four months, four US federal district courts have ruled that “making available” is not a right recognised by US copyright law.
Saturday Text Of WHO Draft Global Strategy On IP And Health Now Available 24/05/2008 by William New, Intellectual Property Watch Leave a Comment A draft resolution, global strategy, and plan of action on intellectual property and public health were circulated Saturday at the 19-24 May World Health Assembly. The drafts show areas of agreement in the weeklong assembly, and difficult areas that remained to be agreed on Saturday.
UNCITRAL Begins Debate On Harmonising Secured Financing, IP Laws 20/05/2008 by Liza Porteus Viana, Intellectual Property Watch Leave a Comment By Liza Porteus Viana for Intellectual Property Watch NEW YORK – A United Nations group on Monday began debate on a publication aimed at helping the world’s governments harmonise their secured financing and intellectual property laws. The UN Commission on International Trade Law (UNCITRAL) Working Group VI is meeting in New York this week to hammer out differences various parties have on issues including transfer of intellectual property rights, creation of a security right, registries, and intellectual property rights related to tangible assets when those rights are used as collateral to secure credit.
High US Court Reconsiders Policy Of Patenting Business Methods 15/05/2008 by Drew Clark for Intellectual Property Watch Leave a Comment By Drew Clark for Intellectual Property Watch WASHINGTON, DC – The chief US appeals court that rules on patent disputes has squarely reconsidered whether the United States’ 1998 decision to allow greater berth for business method patents was the right intellectual property policy. Adding heft to the position of changing course on business method patents was the US Patent and Trademark Office, which challenged a patent application on a method for financial hedging by inventors Bernard Bilski and Rand Warsaw. The USPTO urged the court to reject the patent as ineligible subject matter. It offered a standard for invalidating the patent that demonstrated a dramatic change of course for the US government over the past 10 years.
Suspending TRIPS Obligations: A Rising Alternative For WTO Retaliation 09/05/2008 by Catherine Saez, Intellectual Property Watch 1 Comment By Catherine Saez Retaliating against a country found in violation of World Trade Organization rules by sanctioning the country’s activities in an unrelated trade sector may be a more effective alternative for developing countries than retaliating under the sector of the violation, especially when such cross-retaliation involves WTO rules on intellectual property rights, an expert told a panel this week.
People: Change Of IP Guard At US, Australia Missions; IFPMA Readies New Leader 07/05/2008 by Kaitlin Mara for Intellectual Property Watch Leave a Comment By Kaitlin Mara and William New In the People column: the US mission IP team is undergoing a complete transformation, while a former top US IP negotiator in Geneva returned last week in a biotech industry suit, and still another US negotiator appears poised to follow.