UK To Revamp Law On “Groundless Threats” Of Infringement Suits 26/02/2015 by Dugie Standeford for Intellectual Property Watch Leave a Comment Recommendations for key reforms to laws against “groundless threats” of infringement lawsuits in patent, trademark and design rights cases won general UK government backing today. IP lawyers said the government’s stance will go far toward resolving longstanding concerns.
US Again Target Of Complaints Of Persistent Non-Compliance At WTO DSB 24/02/2015 by Elena Bourtchouladze for Intellectual Property Watch Leave a Comment Discussions at the World Trade Organization Dispute Settlement Body meeting yesterday again included the long-running dispute on a rum brand with Cuba accusing the United States of persistent non-compliance, and other WTO members – such as China and the European Union – urging the US to finally repeal its bill. The US measure was ruled inconsistent with the WTO intellectual property rules 13 years ago, and critics warn that the US recalcitrance is harming the dispute settlement system.
South Africa Supreme Court Of Appeal Losing Its Shape 05/02/2015 by Intellectual Property Watch Leave a Comment South Africa’s Supreme Court of Appeal has been blessed for the past few decades by having in its ranks judges who have experience and expertise in the field of Intellectual Property Law, writes law professor Owen Dean. With the recent retirement of Louis Harms, the bench at the Supreme Court of Appeal has been denuded of judges who can be regarded as IP experts. The paucity of IP experience on the bench is regrettably beginning to show. In recent times the Supreme Court of Appeal has given three IP judgments in trade mark cases which, it is respectfully submitted, have been wrongly decided and are not in harmony with the principles of trade mark law and practice, Dean argues.
Circuit Courts Open As Satellites Of China’s Supreme People’s Court 01/02/2015 by Mingjiang Liu for Intellectual Property Watch Leave a Comment After long preparations, the Second Circuit Court of China’s Supreme People’s Court was officially instituted in Shenyang city, Liaoning province in northeast China on 31 January. Qiang Zhou, president and chief judge of China’s Supreme People’s Court, attended and addressed the nameplate unveiling ceremony of the Second Circuit Court.
Technical Investigators Have Rules To Follow In China’s Intellectual Property Courts 29/01/2015 by Mingjiang Liu for Intellectual Property Watch Leave a Comment BEIJING – With the Beijing, Shanghai and Guangzhou Intellectual Property Courts being put into operation late last year, the rules for technical investigators had been missing until 21 January, when the Supreme People’s Court released the Provisional Regulations of the Supreme People’s Court on Several Issues concerning the Participation of Technical Investigators in Intellectual Property Court Proceedings. This is China’s first of its kind making rules for technical investigators.
Looking Behind The Different Invalidation Rates Of Oppositions And IPRs 28/01/2015 by Intellectual Property Watch Leave a Comment Opposition proceedings in Europe have long served as a powerful tool for third parties to challenge the validity of a patent before the European Patent Office (EPO). Now, under the America Invents Act (effective September 2012), the United States (US) has two new procedures for challenging the validity of a patent before the US Patent and Trademark Office (USPTO): inter partes review (IPR) and post-grant review. Current statistics indicate a higher invalidation rate for IPRs as compared to EPO oppositions.
The Challenge Of Complying (Or Not) With Communication Laws Online 28/01/2015 by James Cote for Intellectual Property Watch Leave a Comment Is it possible to fully comply with all the laws surrounding online communication? Michel Jaccard, founder of id est avocats says, “The answer is, ‘no.’” Speaking last week at the Club Suisse de la Presse, Jaccard made the case that when it comes to the online world, we should look beyond legal compliance and start thinking more strategically.
WIPO Seminar Discusses Interface Between IP And Private International Law 23/01/2015 by Elena Bourtchouladze for Intellectual Property Watch and James Cote for Intellectual Property Watch Leave a Comment Experts gathered in Geneva recently to review past projects on intellectual property and private international law, and look toward the future. Now, through efforts to draft a set of guidelines, headway is being made on finding ways to manage the legal uncertainties in this area.
Year Ahead: Big IP Developments Loom For US Law In 2015 21/01/2015 by Steven Seidenberg for Intellectual Property Watch Leave a Comment 2014 brought major changes to the United States intellectual property system, particularly in the area of patent law. 2015 promises more of the same, as the new Supreme Court ruling in Teva Pharmaceuticals USA v. Sandoz attests. Here’s a discussion of Teva and other key cases and developments to watch this year.
Gilead To Appeal India Patent Rejection, Hails Regulatory Approval 16/01/2015 by William New, Intellectual Property Watch 2 Comments Pharmaceutical manufacturer Gilead has given its side to this week’s story of the rejection of its patent on a hepatitis C treatment in India, and it insists it will prevail in making its medicines available in India on its terms.