US Supreme Court May Invalidate Gene Patents, But Create Little Change 23/04/2013 by Steven Seidenberg for Intellectual Property Watch Leave a Comment Prior to 15 April, most experts had expected the United States Supreme Court to rule in Association for Molecular Pathology v. Myriad Genetics that genes cannot be patented. The oral argument on that date strengthened this consensus opinion, but also suggested that the court would issue a narrow decision which would allow many types of gene-related patents. Should this happen, the US would move significantly closer to other countries’ rules for gene patents, but the US would continue to have problems limiting patent rights in order to protect the public interest.
Protecting Traditional Knowledge: WIPO Members Back To The Drafting Table 22/04/2013 by Catherine Saez, Intellectual Property Watch 1 Comment World Intellectual Property Organization delegates are meeting once again this week to try to advance a text that could become an international instrument to protect traditional knowledge. Substantial work needs to be done on the draft text, ands developing countries generally favour a legal binding instrument while developed countries would prefer a softer instrument.
Curbing Vaccine Costs Key To Extending Global Immunisation Reach 22/04/2013 by Rachel Marusak Hermann, Intellectual Property Watch 1 Comment As the World Health Organization kicks off a week devoted to the promotion of vaccines, newly published research has identified challenges, such as weak supply systems and information gaps, that need to be addressed to scale-up global vaccine coverage. But some observers say that more attention should be paid to the soaring costs of vaccines, starting with a mechanism to track prices.
Mixed Reactions Among Participants In WIPO Talks On Treaty For The Blind 22/04/2013 by William New, Intellectual Property Watch 4 Comments At the close of this week’s negotiating session for an international treaty on copyright exceptions for blind and visually impaired persons, some governments, including upcoming host Morocco, expressed disappointment in the outcome of a three-day drafting session, as it left so much for the diplomatic conference. But most said they are optimistic that solutions can be found.
WIPO Members Send Draft Treaty For The Blind To Marrakesh 22/04/2013 by William New and Catherine Saez, Intellectual Property Watch Leave a Comment Members of the World Intellectual Property Organization have completed work on a draft treaty on copyright exceptions for the blind and visually impaired and agreed to move to a diplomatic conference in Morocco in June. But the text contains many areas displaying the difficulty in easing cross-border access to materials for blind people while protecting copyright holders’ interests.
In UN Talks On Treaty For The Blind, Concern About Heavy Focus On Rightholders’ Interests 20/04/2013 by Catherine Saez, Intellectual Property Watch 1 Comment The treaty currently being discussed at the World Intellectual Property Organization is of prime importance for blind and visually impaired people who are expecting that negotiators will engineer a treaty that is workable in the real world, they say. But too much focus on the right holders concerns might endanger the utility of such a treaty, according to the representative of a blind persons’ organisation.
Time Ticking For WIPO Delegates On Copyright Exceptions Treaty 19/04/2013 by William New, Intellectual Property Watch 1 Comment A new text has been the subject of negotiation today by a committee seeking to finalise a draft treaty providing exceptions and limitations to copyrights so that blind and visually impaired people have facilitated access to special format books. Delegates are seeking to find language through agreed statements as a way out of prickly issues.
Last Drafting Effort On WIPO Treaty For The Blind Before Diplomatic Conference 17/04/2013 by Catherine Saez, Intellectual Property Watch 3 Comments In an effort to clean up a draft treaty text providing limitations and exceptions to copyright for blind and visually impaired persons, World Intellectual Property Organization members will meet this week for intense drafting sessions. The text, once cleaned, is expected to be sent to a top-level treaty negotiation in June.
EU General Court Clears Copyright Collecting Societies Of Antitrust Charges 12/04/2013 by Dugie Standeford for Intellectual Property Watch Leave a Comment European copyright collecting societies are not engaged in a cartel but the European Commission was correct in finding that some of the provisions in their reciprocal representation should be barred, the EU General Court (GC) said in a 12 April ruling. The case, which pits the International Confederation of Societies and Authors (CISAC) and 24 of its members against the EC, could be appealed to the EU Court of Justice (ECJ). CISAC said the decision proves its contention that it was not engaged in a conspiracy to restrict competition, and that it has already done away with the complained-of clauses. Separately, the ECJ has been asked to tackle several key issues in a German matter involving standards-essential patents encumbered with a fair, reasonable and non-discriminatory (FRAND) licensing agreement.
Community Right To Access Unpublished Works Trumps Moral Rights Of Heir, Argentine Court Says 11/04/2013 by Maximiliano Marzetti for Intellectual Property Watch 1 Comment In a recent decision, Ediciones de la Flor SA c. Fontanarrosa Franco s. Acción Mere Declarativa (File No. 1420/08), the Court of First Instance in Civil and Commercial Matters No. 12 of Rosario, the second largest city in Argentina, ruled that the rights of the community to access unpublished works of a deceased author are superior to the moral rights of one of his heirs to oppose such publication.