Rethinking Article III Standing In IPR Appeals At The Federal Circuit (US) 18/06/2018 by Intellectual Property Watch 1 Comment If the Federal Circuit will not correct its misplaced jurisprudence, then it is time for the Supreme Court to correct course, and bring into line the Federal Circuit’s IPR standing to appeal jurisprudence, with the Supreme Court’s (and other Circuits’) more forgiving law of allowing petitioners whose petitions are denied, to challenge such denials, particularly when Congress has set forth reasonable conditions, like Section 319, upon which such challenge is to occur, write Charles Macedo, Chandler Sturm, and James Howard.
EU Files WTO Case Against China Over IP Rights Protection 06/06/2018 by William New, Intellectual Property Watch 2 Comments The European Union has filed a World Trade Organization dispute settlement complaint against China for unfair treatment of foreign intellectual property rights holders. The case follows a similar filing by the United States against China.
In Defense Of Fair Use 04/06/2018 by Intellectual Property Watch Leave a Comment Copyright law, to be sustainable, calls for a balance. Under copyright law, creators receive exclusive rights to allow or prevent others from making copies of their works for a limited time as an incentive to create. Users receive benefits from the results of the creator’s labor, perhaps through watching, reading or listening to those results. Users may also benefit pursuant to a license to use the works in other ways. Eventually the works fall into the public domain, allowing further reuse by everyone. Recent litigation involving a graffiti artist and a purveyor of sportswear shows how sometimes a flexible mechanism for balancing the copyright entitlements of creators and users makes sense, writes Roy Kaufman.
Draft Broadcast Treaty Takes Restrictive Approach To Limitations And Exceptions 31/05/2018 by Intellectual Property Watch Leave a Comment Sean Flynn writes: At this week’s meeting of the World Intellectual Property Organization Standing Committee on Copyright and Related Rights, there was renewed attention to the limitations and exceptions provisions of a proposed treaty for broadcast organizations. Unfortunately, the result of that attention was to make the current draft more restrictive for the adoption of exceptions than prior drafts, and more restrictive than are present copyright treaties or the than the Rome Convention the broadcast treaty seeks to update.
South Africa Approves New IP Policy, With Guidance From UN Agencies 27/05/2018 by Linda Daniels for Intellectual Property Watch 3 Comments It took nine years of policy development, two different draft policies and various rounds of public consultation, to finally see Cabinet give the nod to the new Intellectual Property (IP) policy in South Africa.
Five Years After The Indian Supreme Court’s Novartis Verdict 20/05/2018 by Patralekha Chatterjee for Intellectual Property Watch 13 Comments On 1 April 2013, in a packed room inside India’s Supreme Court, a magnificent building in Indo-British architectural style, two judges delivered a verdict that impacted the national and global conversation about patents and patients. India’s apex court delivered a 112-page landmark judgement which dismissed Swiss pharma giant Novartis AG’s appeal for a patent for its life-saving cancer drug marketed under brand name Glivec in most parts of the world. The Novartis case triggered a hugely polarising discourse around the world about a key feature of India’s patent regime.
The Patent Paradox In Brazil And Its Implications For Access To Medicines 18/05/2018 by Intellectual Property Watch 1 Comment Brazil is frequently pointed to as one of the countries in which fewer pharmaceutical patents are granted. The fact that there is a low number of patents granted could lead to the conclusion that medicines can be bought under competition and that the prices would be low. However, many medicines in Brazil are bought exclusively from one producer and usually at high prices. The situation of few granted patents, but many purchases under exclusivity due to absence of competition (which can lead to higher prices), is what we are calling the ‘patent paradox in Brazil’. In the absence of granted patents, what are the factors that lead to the situation of no competition and high prices in Brazil? This is the question that we, at the accessibsa: Innovation & Access to Medicines in India, Brazil & South Africa, aim to answer with a study currently being conducted at the Department of Medicines Policy and Pharmaceutical Services (NAF) of the Sergio Arouca National School of Public Health – ENSP/Fiocruz.
Brazilian Superior Court Of Justice Stops Patent Term Extension Attempts 11/05/2018 by Intellectual Property Watch 4 Comments Pedro Marcos Nunes Barbosa writes: In April 2018, the Brazilian Superior Court of Justice (STJ) ruled on a controversial patent term extension scheme, for the third time since Brazil adopted TRIPS compliant legislation in 1996. The first ruling on this topic, upheld by the STJ, was decided, unanimously, in the year 2009 (docket REsp 960.728, Justice Andrighi). In that case, a famous agrochemical multinational company sought an exotic interpretation of the impacts brought by the minimum deadline granted to a patent, since the WTO’s annex treaty imposed the uniform extension of 20 years. In other words, although the agrochemical company had obtained its exclusivity right in a pre-TRIPS context (where Brazilian Law guaranteed a 15 years property right), but unsatisfied, after the Agreement was implemented, the plaintiff requested a judicial pass for a five year extra period of competition absence.
US To Weaken Post-Grant Patent Reviews 09/05/2018 by Steven Seidenberg for Intellectual Property Watch 1 Comment Government agencies do not ordinarily relinquish power easily, or without a struggle. But these are not ordinary times in the USA. Trump appointees have pushed a variety of federal agencies – including Interior, EPA, and HUD – to surrender much of their powers. Yesterday, the USPTO joined that list, when it announced proposed new regulations that would weaken the agency’s review of existing patents.
EU-US Comparison & Guide On Copyright Link Liability – An Update 09/05/2018 by Intellectual Property Watch 1 Comment Ed Klaris and Alexia Bedat write: An update to our article reviewing US and European law/recent developments in link liability in both the copyright and defamation contexts and providing a checklist of questions an attorney (or editor) ought to ask before deciding, prepublication, whether a proposed link may lead to liability in the US and/or the EU. Updates include the recent Goldman v. Breitbart decision in which a Federal Judge concluded that embedding a Tweet can be copyright infringement.