Investor-State Cases Could Have Cost Cash-Strapped Argentina $80B, Paper Says 21/07/2015 by Catherine Saez, Intellectual Property Watch 1 Comment A new developing country policy brief warns against use of the investor-state dispute settlement mechanism, arguing that it has a low capacity to adapt to exceptional circumstances that can afflict developing countries.
Cuba Says It Has Protected 5,000 US IPRs, While US Violates Its Rights 20/07/2015 by William New, Intellectual Property Watch 1 Comment Cuba has been trying for many years to get the United States to undo a law that prevents Cuba from defending a rum brand trademark in US courts. This week at the World Trade Organization, the Caribbean country said during this time it has dutifully protected the intellectual property rights of more than 5,000 US products, while the US has allowed violations of Cuban patents and trademarks.
Is The European Unitary Patent System On Its Way To A Tepid Start? 17/07/2015 by Monika Ermert for Intellectual Property Watch Leave a Comment For nearly two decades, the European Union has pondered the completion of a unitary patent system (UP) and a Unitary Patent Court (UPC). But even after the European Court of Justice has ruled the UP/UPC agreement to be constitutional, users, including some big ones, remain cautious.
TISA Stocktaking Meeting Reveals There Is Still Ground To Cover 16/07/2015 by Monika Ermert for Intellectual Property Watch Leave a Comment The ambassadors for the Trade in Services Agreement (TISA) have endorsed a deadline of notifying any additional new annexes by 31 July, and submitting completed offers by 15 September. This is the result of the most recent meeting of negotiators of the 25 TISA parties, according to a spokesperson for the Australian Department of Foreign Affairs and Trade. Australia hosted the TISA round from July 6-10 in Geneva.
Defendants, Non-Profits, Defensive Aggregators And Hedge Funds: Common And Less Common Uses Of Inter Partes Review 16/07/2015 by Intellectual Property Watch Leave a Comment Inter partes review (“IPR”) proceedings were originally intended to allow defendants in patent infringement lawsuits to invalidate questionable patents cheaply and quickly. But these proceedings increasingly are being used by parties that are not defendants in active litigation matters at all, write Rich Hung and Alex Hadduck.
A Geneva Look At Jurisdiction, Dispute Resolution And The Internet 15/07/2015 by Eimear Murphy for Intellectual Property Watch 1 Comment A conference on jurisdiction and dispute resolution in the age of the internet raised topical issues of concern to internet-based public policy, such as the notion of how jurisdiction and internet governance is a question of power, and an update on the International Law Association guidelines project. In addition, a debate arose as to the state of the patent system.
Russian Government Designs New Strategy In Field Of IP 13/07/2015 by Eugene Gerden for Intellectual Property Watch Leave a Comment The Russian government is crafting a new strategy in the field of intellectual property, which should strengthen the protection of IP rights in Russia and create conditions for the acceleration of the domestic research activities in the country, according to Dmitry Livanov of Russia’s Ministry of Science and Education.
3D Printing And Public Policy 09/07/2015 by Intellectual Property Watch 12 Comments John Hornick writes: Although legal principles apply to 3D printing the same as they apply to any other technology, 3D printing has the unique potential to upset the legal status quo. It is the potential scale of 3D printing that may have profound effects on the law. 3D printing cuts across many areas of law, most types of technology, and almost all types of products. Eventually, anyone may be able to make almost anything. No one else will know they made it or be able to control it, which I call 3D printing away from control.
US Federal Judge Orders Cancellation Of Redskins’ Football Team Trademark Registrations 09/07/2015 by Intellectual Property Watch, Intellectual Property Watch Leave a Comment The Washington Post reports: The Washington Redskins – an American football team – lost their biggest legal and public relations battle yet in the war over their name after a federal judge on Wednesday ordered the cancellation of the NFL team’s federal trademark registrations, opposed for decades by Native American activists who call the moniker disparaging.
European Parliament Decides In Favour Of TTIP Mandate And “New ISDS” 08/07/2015 by Monika Ermert for Intellectual Property Watch 10 Comments The European Parliament today voted in favour of its own mandate for the negotiations of the Transatlantic Trade and Investment Partnership, a broad free trade agreement between its 28 member states and the United States. With 436 yes versus 241 no votes (32 abstentions), the Parliament adopted a resolution that also gives green light to the hotly debated investor-state dispute settlement (ISDS), albeit a new version of it.