In US, New Legal Ploy May Protect Bad Patents 18/10/2017 by Steven Seidenberg for Intellectual Property Watch 2 Comments It had been a bad three months for Allergan, Inc. The drug maker’s stock price had fallen over 20 percent, as the company faced two legal challenges to the patents on its blockbuster drug, Restasis. Then, on 16 October, Allergan lost one of those challenges. A US court found the patents invalid. Allergan vowed to appeal, thus maintaining its monopoly on the drug until a final court determination, which could be over a year away. But Allergan’s monopoly could collapse far sooner, if the company were to lose the second challenge to the patents, before the USPTO. Such a loss was probable, as the agency had already found a “reasonable likelihood” that prior art invalidated the patents on Restasis. So back in September, Allergan employed an innovative legal strategy: The company gave its patents to a Native American tribe, and the tribe claimed its sovereign immunity prevented the USPTO from reviewing the patents’ validity. If this strategy were to succeed, it will do far more than just boost Allergan’s bottom line. The new strategy will increase the power of patent owners, help patent trolls, and dramatically alter the US patent system.
Early Whispers Of Next WIPO Director General Election Cycle 16/10/2017 by William New, Intellectual Property Watch 1 Comment It’s safe to say most delegates at the annual World Intellectual Property Organization General Assemblies this month gave no thought to the next election for the director general of the UN agency. It’s not surprising, as it is still years away and was not on the agenda this year. But it was surprising to hear a few delegates in the hallways utter the first very early whispers about what the next election might look like. So Intellectual Property Watch talked to delegates and looked at the possible timeline for the next election for the top post at WIPO.
WIPO General Assembly Wrap: Many Decisions Made, But External Offices, Design Treaty Left Hanging 13/10/2017 by Catherine Saez, Intellectual Property Watch 1 Comment After an intense 10 days of negotiations, World Intellectual Property Organization delegates this week managed to close all items of the organisation’s annual General Assemblies, with major decisions taken, such as the approval of the 2018/2019 budget, and a new mandate and work programme for the committee on the protection of genetic resources and traditional knowledge. However the inability to decide at the ambassador level which countries would host new WIPO field offices, and on the convening of a high-level negotiation to conclude a treaty on industrial designs, led to some teeth grinding.
WIPO Delegates Agree On Budget For 2 Years; US Still Vigilant On GI Treaty 11/10/2017 by Catherine Saez, Intellectual Property Watch Leave a Comment On the last day of the annual World Intellectual Property Organization General Assembly, delegates today found a way to agree on the issues blocking the adoption of the 2018/2019 budget. In particular delegates found a way to address requests made by the United States on the program and budget, notably on the financing of the WIPO agreement protecting geographical indications.
WIPO: Rise In Retirement Age Delayed 2 Years; LGBT Workers Get Protection 11/10/2017 by Intellectual Property Watch Leave a Comment The World Intellectual Property Organization will increase the retirement age to 65 for all workers starting in 2020, one year earlier than it had proposed but still a delay aimed at freeing up some job posts through earlier retirements.
New Members But No Structural Change In WIPO Program And Budget Committee – For Now 11/10/2017 by William New, Intellectual Property Watch Leave a Comment Despite an effort by the Asia and Pacific Group countries to increase their representation, the geographical distribution of membership of the powerful World Intellectual Property Organization Program and Budget Committee remained the same at the completion of discussions at the annual WIPO General Assembly tonight. But WIPO members did agree to begin consideration of the composition of the committee.
WIPO Members Wrestle With Proposed Delay In Increasing Retirement Age 11/10/2017 by William New, Intellectual Property Watch Leave a Comment Among the hot issues at this year’s annual World Intellectual Property Organization Assemblies is a proposal by WIPO to delay compliance with a United Nations-wide mandate to raise retirement age from 62 to 65 for those who started employment before 2014, supposed to go into effect on 1 January. WIPO’s proposal to wait 3 years to raise the age for those who joined the organisation is intended to open up dozens of posts that can then be filled with workers holding other skills deemed more needed as the global IP system has changed.
António Campinos Elected EPO President Starting Mid-2018 11/10/2017 by William New, Intellectual Property Watch 2 Comments António Campinos of Portugal has been elected to serve as the next president of the European Patent Office (EPO). He will succeed Benoît Battistelli, who has served since 2010.
WIPO Faces Resistance To Ensuring Equal Treatment For LGBT Staff 11/10/2017 by William New, Intellectual Property Watch 1 Comment The World Intellectual Property Organization is an international organisation based in Geneva, focused mainly on technical and legal issues of patents, trademarks and the like. But it is also a specialised agency of the United Nations, with over 1,000 employees. At its annual General Assemblies this week, an issue has arisen at WIPO that serves as a reminder of the complexities of UN membership.
Clock Ticking For WIPO Assembly To Agree On Budget, Design Treaty, Genetic Resources 10/10/2017 by Catherine Saez, Intellectual Property Watch Leave a Comment This morning no breakthroughs were reported by delegates chairing informal meetings to reach consensus before the end of the annual World Intellectual Property Organization General Assembly tomorrow. Agreement still has to be reached on the most political issues, such as the budget, the mandate of the committee on genetic resources and traditional knowledge, and where the next WIPO field offices will be hosted. Also under discussion is the composition of one of WIPO’s governing bodies, challenged by the Asia and Pacific Group, which wants more seats.