EU Patent Court Launch Uncertain But Will Happen, Says Preparatory Committee Chief 13/10/2016 by Dugie Standeford for Intellectual Property Watch 1 Comment LONDON — Britain’s vote to leave the European Union is just another “speed bump” along the path to a European unified patent and patent court, the head of the committee tasked with preparing the way for the new system said during a lively session at the 13 October London IP Summit. Others aren’t so sure, since Brexit has raised many complex questions, not least of which is whether there is the political will in the UK or EU to move ahead.
German High Court Paves Way For Government To Sign CETA, Hands Down Conditions 13/10/2016 by Monika Ermert for Intellectual Property Watch 1 Comment The German Constitutional Court in a fast-track decision today rejected the granting of emergency injunctions against a German signature of the Comprehensive Economic and Trade Agreement (CETA) of Europe with Canada.
Partial Revocation Of EPO Patent On Sofosbuvir, Key For Hepatitis C 05/10/2016 by Intellectual Property Watch 4 Comments Following a public hearing at its headquarters in Munich, the European Patent Office (EPO) decided to reject in part the arguments made by Gilead Sciences to uphold their patent on sofosbuvir, according to a non-profit group.
US Supreme Court To Decide If USPTO Refusal To Register Trademarks Breaches Free Speech 30/09/2016 by Dugie Standeford for Intellectual Property Watch 1 Comment The US Supreme Court agreed on 29 September to take up the question of whether the Lanham Act, which allows the US Patent and Trademark Office to refuse to register disparaging trademarks, conflicts with the First Amendment right to free speech.
Gurry Speaks On Allegations For First Time As WIPO Members Discuss Actions 30/09/2016 by William New, Intellectual Property Watch 5 Comments Heading into next week’s annual UN World Intellectual Property Organization General Assemblies, WIPO member states are considering a report from the United Nations investigations office regarding allegations of wrongdoing made involving WIPO Director General Francis Gurry. And for first time since the allegations arose, Gurry has offered his defence. Spoiler alert: he neither confirmed nor denied it but raised questions about the legality of sharing the report with member states.
Albania, Montenegro Amend IP Legislation With EU Bids In Mind 19/09/2016 by Jaroslaw Adamowski for Intellectual Property Watch Leave a Comment In a bid to push forward their ongoing membership negotiations with the European Union, two Balkan States have moved to further harmonise their intellectual property regulations in line with EU legislation. Albania’s new copyright law will enter into force this October, and Montenegro’s amended legislation on trademarks, industrial design and topographies of semiconductor products entered into force last July.
IP Judges In Developing Countries Hand-Tied By Local Laws, Justice Says 13/09/2016 by Catherine Saez, Intellectual Property Watch Leave a Comment Enforcement of intellectual property rights can be unbalanced in developing countries because local laws are crafted in a way that makes it difficult for judges to bring balance in their rulings, a former justice from South Africa told the World Intellectual Property Organization last week.
Hyperlinks Can Infringe Copyright If Commercial, European High Court Says 08/09/2016 by William New, Intellectual Property Watch 3 Comments A hyperlink on a website that links to copyrighted material and does not have the rights holder’s consent may be allowable if for non-commercial purposes, the Court of Justice of the European Union said today. But it may infringe copyright if linked for profit and with knowledge of the lack of permission to link it, it said.
How Will Brexit Process Resolve Japan’s Concerns About IP In The UK? 08/09/2016 by Dugie Standeford for Intellectual Property Watch 2 Comments Japan’s worries about how intellectual property registered in the EU by companies operating in the United Kingdom will fare after Brexit are potentially valid but depend on how the UK’s exit from the EU is handled, according to a UK IP attorney following the issue. One question will be whether, and how, EU trademarks and designs can be re-registered in the UK.
Specialized IP Courts: Recognizing Country-Specific Needs Is Complex 08/09/2016 by Alexandra Nightingale for Intellectual Property Watch 1 Comment In light of the growing global “innovation market” and the rapid development of technologies, countries have reviewed and modernised their judicial systems to address the increase in intellectual property issues. Notably, the establishment of specialized IP courts has been a prominent feature of judicial mechanisms to resolve IP disputes.