Special Report: US Reverses Course On Patent Injunctions 20/10/2015 by Steven Seidenberg for Intellectual Property Watch Leave a Comment The Federal Circuit is no stranger to controversy. And recently, the court stepped in it again. In an important ruling, the court made it far easier for some patent owners to obtain injunctions against infringers. The ruling could promote patent litigation in many industries, boost litigation costs, and effectively undermine a key Supreme Court decision limiting the availability of patent injunctions.
Infojustice.org: Google Books And Feist-y Fair Use 20/10/2015 by Intellectual Property Watch 2 Comments From infojustice.org: Judge Pierre Leval’s opinion [on 16 October] in the Google Books case offers another fascinating glimpse into the richness of his thinking about the concept of fair use. Although the outcome in Google Books (Google wins, duh) was obvious to anyone whose paycheck didn’t depend on their believing otherwise, the discussion that gets us there sheds light on a host of hot fair use topics in ways that courts and copyright wonks will be citing and unpacking for years to come.
WTO TRIPS Council Addresses Non-Violation, Paragraph 6 Drug Exports 15/10/2015 by William New and Catherine Saez, Intellectual Property Watch 3 Comments The World Trade Organization intellectual property committee today addressed exports of cheaper medicines, and disputes that could arise even when there is no WTO violation. Tomorrow it will decide the hot-button issue of how long least-developed countries have before they must comply with international IP trade rules – on which LDCs said today they are ready to talk about a deal.
WIPO Assembly Extends Talks On Traditional Knowledge, Design; Sets Policy For New Offices 15/10/2015 by Catherine Saez and William New, Intellectual Property Watch 1 Comment Near dawn today, World Intellectual Property Organization members agreed to continue working in committee toward an international agreement or agreements on the protection of traditional knowledge, genetic resources and folklore, rescuing the committee for another two years. Members also agreed to hold a final treaty negotiation on a design law treaty in early 2017, but left differences on inclusion of disclosure of origin to later.
WIPO Assembly Agrees Budget For 2016/2017; Work Continues After Hours On Remaining Items 15/10/2015 by Catherine Saez and William New, Intellectual Property Watch 1 Comment Member states of the World Intellectual Property Organization in a late-night session agreed on the budget for the UN agency for the next biennium after a deep debate over financing of a registration system for appellations of origin. Meanwhile, negotiators went back to work toward the early morning hours to finish outstanding issues of WIPO offices in other countries, the future of the traditional knowledge committee, and the program of the copyright committee.
Health Groups Urge EU Commission To Safeguard Access To Medicines In Developing Countries 14/10/2015 by Intellectual Property Watch Leave a Comment Health Action International (HAI) and Médecins Sans Frontières (MSF – Doctors without Borders) today issued a joint report on European Union commitments to safeguard access to medicines. Their report [pdf] comes in the context of the revision of the European Union’s trade and investment policy, released today.
Argentina: Bill To Expand Copyright On Photographs To Life-Plus-70 Years Introduced In Argentine Congress 13/10/2015 by Intellectual Property Watch Leave a Comment Maximiliano Marzetti writes: Bill No. 2517-D-2015, presented by Liliana Mazure, Gloria Bidegain, Susana Canela, Gastón Harispe, Héctor Recalde and Eduardo Seminara, was introduced to the Argentine Congress to reform the Argentine Copyright Act (Law No. 11.723) in order to extend copyright over photographic works to life plus 70 years post mortem auctoris. The current period of protection for photographs in Argentina is 20 years since publication (article 34). In case the bill is passed it will have retroactive effect, i.e. photographs that today are in the public domain will revert to private property.
European Council Backs LDC Extension At WTO 13/10/2015 by Intellectual Property Watch Leave a Comment The European Council has confirmed that it will support the request of least developed countries at the World Trade Organization for the extension of a waiver of intellectual property obligations for pharmaceutical products.
A New Model For IP: Interview With Ecuador IP Office Director Hernán Núñez Rocha 13/10/2015 by Intellectual Property Watch 2 Comments Ecuador is preparing a new intellectual property policy that aims to better suit the country’s strategic development. On the occasion of the World Intellectual Property Organization General Assembly, Hernán Núñez Rocha, head of the Ecuadorian IP office sat with Intellectual Property Watch to talk about the country’s work on the IP policy and its use of IP as a tool for local development. He also explained Ecuador’s position on the WIPO committee on traditional knowledge.
WTO TRIPS Council To Decide On LDC Pharma Extension, Non-Violation Complaints 13/10/2015 by Catherine Saez, Intellectual Property Watch 3 Comments The intellectual property committee of the World Trade Organization is meeting this week with a full agenda. The highlight of the agenda is the extension of a waiver allowing least developed countries to choose not to enforce intellectual property rights on pharmaceutical products. Also high on the agenda is a decision on whether to extend a moratorium banning IP from complaints not linked to any breached WTO agreement, and the annual review of special compulsory licence for exporting pharmaceutical products.