WIPO, Pharma Join Forces To Set Up Database For Medicine Procurers 03/10/2017 by Intellectual Property Watch 4 Comments Today WIPO Director General Francis Gurry and Thomas Cueni, Director General of the International Federation of Pharmaceutical Manufacturers and Associations (IFPMA), signed an agreement establishing the Patent Information Initiative for Medicines, or “Pat-INFORMED,” during the General Assemblies of the Member States of WIPO taking place this week. IFPMA worked with Intellectual Property Watch to prepare a Q&A with Mr Gurry and Mr Cueni about this new initiative.
US Misrepresentations Called Out By Antigua In Online Gambling Case At WTO 29/09/2017 by William New, Intellectual Property Watch 1 Comment The tiny Caribbean country of Antigua and Barbuda today at the World Trade Organization gave an account of misrepresentations by the United States in its failure to fulfil a WTO dispute settlement panel’s finding that the US owes Antigua for US measures against online gambling that harmed the island’s economy. The United States now owes Antigua some $200 million in damages, and has offered only about $2 million. Now Antigua will formally request negotiations with the US trade office. At stake is Antigua’s authorisation by the WTO panel to recover its damages by failing to protect US intellectual property rights there, which it again reluctantly threatened to do if there is no resolution.
The Consequences Of Killing USPTO Patent Reviews 29/09/2017 by Steven Seidenberg for Intellectual Property Watch Leave a Comment Does the US Constitution prohibit the USPTO from striking down issued patents? That question will be decided by the US Supreme Court later this term. Should the Court rule against the USPTO, it would dramatically alter the US patent system in favor of patentees, give a big boost to patent trolls, and damage innovation in the US. The ruling also would make the US an outlier among major industrialized countries – turning it into the only such nation where patents could not be challenged in administrative proceedings.
Case Shows European Luxury Brands Must Be Popular In Japan To Be Protected There 29/09/2017 by Guest contributor for Intellectual Property Watch Leave a Comment In a recent decision, the Opposition Board of the Japan Patent Office dismissed an opposition filed by CFUB Sisley, a French producer of cosmetics and fragrances founded in 1976, against the word mark “SISLOY” written in a standard character. The case shows that the status of European luxury brand will not automatically enjoy broader scope of protection in Japan unless the brand obtains a high degree of popularity and reputation among Japanese consumers, writes Masaki Mikami.
How USPTO Patent Reviews Became Imperiled 28/09/2017 by Steven Seidenberg for Intellectual Property Watch Leave a Comment Initially, the lawsuit was widely viewed as a waste of time. The suit asserted a strained legal argument that already had been rejected twice by federal appellate panels, in 1985 and 1992. Yet this lawsuit, Oil States Energy Services v. Greene’s Energy Group, has now reached the US Supreme Court. So later this term, the high court will decide whether the US Constitution prevents the US Patent and Trademark Office from ever striking down issued patents.
Panel Debates Potential Impact Of Reversal Of US Administration Patent Review 25/09/2017 by Dugie Standeford for Intellectual Property Watch Leave a Comment The United States Supreme Court recently agreed to hear arguments in Oil States Energy Services v. Greene’s Energy Group, a case involving a patent on a device used for hydraulic fracturing (fracking). After the patent was granted, Greene’s petitioned for, and was granted, an “inter partes review (IPR)” by the US Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB). After losing at the board, Oil States asked the high court to determine that IPR, which is used to analyse the validity of existing patents, is unconstitutional because it takes away private property rights by denying Art. III jury trials.
Comings And Goings In The International IP Community Year To Date 06/09/2017 by Catherine Saez and William New, Intellectual Property Watch Leave a Comment Heading into the final stretch of the year, it is a good time to catch up on all of the staff changes that have occurred in governments, industry, law firms and nongovernmental organisations related to the IP community in Geneva. Here is a rundown of some of top moves made by people since the start of the year.
In-N-Out vs. Smashburger: A Juicy US Burger Lawsuit Invokes Multiple Trademark Law Doctrines 04/09/2017 by Guest contributor for Intellectual Property Watch 1 Comment In a US burger battle, it appears that Smashburger may soon end up with a bad taste in its mouth if In-N-Out’s allegations in its latest trademark complaint against Smashburger are proven true.
Law Enforcement, Industry Hold Event Against IP Crime At UN 29/08/2017 by William New, Intellectual Property Watch Leave a Comment NEW YORK – An event of international law enforcement, security experts and industry this week at the United Nations headquarters in New York aimed at building strategies against a wide range of intellectual property crime worldwide. At the event, a senior United States official discussed plans to expand a program of US IP experts abroad.
INTA Pro Bono Trademark Clearinghouse Takes Off 23/08/2017 by Intellectual Property Watch Leave a Comment This summer, the International Trademark Association (INTA), the global trademark industry group, launched a one-of-a-kind pilot program offering pro bono attorneys the opportunity to help nonprofits and others obtain and protect trademarks. And in its first weeks, it is already receiving submissions and a positive response, according to an INTA representative.