It’s Official: TRIPS Health Amendment In Effect, First Ever To A WTO Agreement 23/01/2017 by William New, Intellectual Property Watch 3 Comments More than a decade after World Trade Organization member states approved the first-ever legal amendment to a WTO agreement, the change to the international intellectual property agreement has entered into effect. Five more members ratified the amendment in recent days, bringing supporters over the minimum needed to put into effect the amendment aimed at boosting exports of medical products made under compulsory licence.
IP Law In The US: A Look Ahead 20/01/2017 by Steven Seidenberg for Intellectual Property Watch Leave a Comment Whatever else could be said of 2016, it was undeniably interesting. That’s likely to be true, too, for 2017. Even the staid area of US Intellectual Property Law may face dramatic changes. Here’s the likely most important of those changes.
Achieving SDG Health Targets Using ‘The Vital Role Of Law’ 18/01/2017 by Peter Kenny for Intellectual Property Watch Leave a Comment Effective laws, including those around intellectual property rights, and an enabling legal environment, are as essential to a healthy society as clean water, a group made up of a representative of the World Health Organization, academics and a legal expert for a civil society group, have asserted while launching a key report.
Survey Analyzes Tech, Media, Telecom Disputes; IP Prominent 17/01/2017 by William New, Intellectual Property Watch Leave a Comment Newly released results of a survey published by the Queen Mary University of London on disputes relating to technology, media and telecommunications reveal interesting details about the types of disputes brought and the reasons behind them.
US Supreme Court Eyes Patent-Enforced Post-Sale Restrictions 21/12/2016 by Steven Seidenberg for Intellectual Property Watch Leave a Comment Few were surprised when, earlier this month, the US Supreme Court agreed to hear the appeal in Impression Products, Inc. v. Lexmark International. The case presents two important patent law issues, and the lower court’s ruling on these issues conflicts with Supreme Court precedents, according to many experts.
ECJ Advocate General Says EU Commission Cannot Make Trade Deals Without Member States 21/12/2016 by Intellectual Property Watch 1 Comment Not all parts of the European Union-Singapore trade agreement “fall within the EU’s exclusive competence and therefore the agreement cannot be concluded without the participation of all of the Member States.” This is the result of an opinion of the European Court of Justice Advocate General Eleanor Sharpston published today.
Idea Of A Multilateral Investment Court Makes Headway, Proponents Say 15/12/2016 by Catherine Saez, Intellectual Property Watch Leave a Comment The European Union and Canada held an informal meeting in Geneva this week to present a project for a multilateral investment court to handle global investor-state disputes, hoping to draw interest and questions by other country delegates, according to sources. Time will be needed to gain acceptance of the idea, they said, and the next opportunity will be at the January World Economic Forum in Davos.
US Supreme Court Declines To Hear Biologic Drug Patent Fight 13/12/2016 by Intellectual Property Watch Leave a Comment The US Supreme Court on Monday declined to hear a case over whether companies that make copycat versions of biologic drugs must wait six months after winning federal approval before bringing them to the market.
Open Source Software A Core Competency For Effective Tech M&A 09/12/2016 by Guest contributor for Intellectual Property Watch 3 Comments Imagine your company just acquired its competitor for $100 million. Now imagine the company’s most important asset – its proprietary software – is subject to third-party license conditions that require the proprietary software to be distributed free of charge or in source code form. Or, imagine these license conditions are discovered late in the diligence process, and the cost to replace the offending third-party software will costs tens of thousands of dollars and take months to remediate. Both scenarios exemplify the acute, distinct and often overlooked risks inherent to the commercial use of open source software. An effective tech M&A attorney must appreciate these risks and be prepared to take the steps necessary to mitigate or eliminate them.
US High Court Hears Patent Case With Global Trade Implications 08/12/2016 by Dugie Standeford for Intellectual Property Watch Leave a Comment In a first-impression case with implications for international trade, the United States Supreme Court is set to decide whether the US supplier of a single non-infringing article used in an infringing product abroad can be held liable for worldwide damages under US patent law. The case hinges on the meaning of “substantial” and whether US law can extend beyond its borders.