Patently Wrong – The Jury’s Verdict In Apple v. Samsung 19/09/2012 by Intellectual Property Watch 4 Comments All is fair in love and (patent) war, but apparently not when it comes to awarding damages in patent litigation, writes South Africa’s Cobus Jooste.
India: Balancing Public And Private Interests In The Intellectual Property Regime 18/09/2012 by Patralekha Chatterjee for Intellectual Property Watch 5 Comments NEW DELHI – In this month, there have been two court orders in India that underscore the complexities underlying the country’s intellectual property regime. Last Friday (14 September), the Chennai-based Intellectual Property Appellate Board (IPAB) which is responsible for hearing appeals on patent applications, rejected a petition by German pharma major Bayer AG, seeking a stay on an order of India’s Controller of Patents granting a compulsory licence (CL) to Indian generic drug maker Natco Pharma Limited, for a drug used to treat liver and kidney cancer.
America Invents Act: Another Piece Of Patent Reform Puzzle Falls Into Place 13/09/2012 by Liza Porteus Viana, Intellectual Property Watch Leave a Comment Another phase of historic patent reform goes into effect next week in the United States, as officials from the US Patent and Trademark Office tour the country, answering questions from stakeholders about forthcoming changes in patent law, thanks to the America Invents Act (AIA). The next batch of rules the USPTO is implementing for the AIA go into effect 16 September.
Public Library Must Provide Accessible E-Readers Under US Law 29/08/2012 by Intellectual Property Watch 1 Comment The United States Justice Department and the National Federation of the Blind have reached a settlement with the Sacramento, California Public Library Authority to fix violations of the Americans with Disabilities Act caused by using Barnes & Noble NOOK electronic reader devices in a patron lending programme. The readers excluded persons who are blind or have other disabilities requiring features such as text-to-speech or access through audio or tactile options. The library will no longer purchase exclusionary devices and has agreed to acquire a set of accessible ones, as well as train staff on the requirements of the disabilities law.
Isolated DNA Declared Patentable By US Court Of Appeals 17/08/2012 by Intellectual Property Watch 4 Comments The United States Court of Appeals for the Federal Circuit released a decision today (16 August) on the patentability of genes in yet another twist to the so-called Myriad case. At stake was the patentability of two human genes associated with hereditary breast cancer and ovarian cancer. Myriad Genetics’ patents were challenged by the Association for Molecular Pathology.
A Look At India’s Key Pharmaceutical Patent Case 07/08/2012 by Intellectual Property Watch Leave a Comment This month, the Indian Supreme Court will hear final arguments in a challenge by the pharmaceutical company Novartis against the Indian Patent Office’s rejection of a patent for the leukemia drug, Glivec. The Court’s ruling will have profound implications for pharmaceutical patenting in India, and more generally how countries with newly introduced pharmaceutical patent regimes […]
Form Over Function – The ECJ Rules On Software Copyright 06/08/2012 by Intellectual Property Watch 3 Comments Seldom does a fact bear repeating as frequently as the maxim, “There is no copyright in ideas”. And despite the regularity with which this fundamental principle of copyright law is cited, its application remains a bone of contention, Cobus Jooste writes.
Innovation And The Law: Some Lessons From The Patent Wars 27/07/2012 by Steven Seidenberg for Intellectual Property Watch 3 Comments They’ve been at each other’s throats for three years, and there’s no end in sight. Over two dozen businesses involved with smartphones and tablet computers are suing one another for patent infringement in numerous lawsuits around the world. These patent wars have cost the companies billions of dollars, clogged the courts, and prevented consumers from buying some devices they want with features they prefer. Is this really the best way to promote innovation and competition?
© 1912-2012. A Century of Dutch Copyright Law 22/07/2012 by Intellectual Property Watch Leave a Comment International Copyright Conference, Koninklijk Instituut voor de Tropen, Amsterdam, 31 August 2012 – In 2012, the Dutch Copyright Act (the “Auteurswet”) will celebrate its centenary. The Act of 1912 is one of the world’s oldest “living” acts in the authors’ rights tradition.
Special Report: Russia Amends IP Law In Advance Of WTO Accession 12/07/2012 by Daria Kim for Intellectual Property Watch 4 Comments By September of this year, Russia is expected to become the 154th member of the World Trade Organization – 19 years after the accession application was received and the Working Party on the Accession of the Russian Federation established in June 1993. In advance of the accession, the Russian intellectual property rights law is being amended to meet the WTO accession requirements.