US Supreme Court Edges Toward Reviewing Extent Of GMO Patents 13/04/2012 by Steven Seidenberg for Intellectual Property Watch Leave a Comment It’s unclear if the US Supreme Court wants to address yet another controversial issue in patent law, but on 2 April, the court took a small step in that direction. That’s when the court formally asked the US Justice Department to opine on whether the high court should grant certiorari in Bowman v. Monsanto Co.
Court Issues Decision On Intermediary Liability In Viacom v. YouTube 05/04/2012 by William New, Intellectual Property Watch Leave a Comment Today, a US appellate court released its decision in a key case in which rights holders asserted that online video site YouTube should be liable for copyright infringing content appearing on its site. According to a preliminary reading, the appeals court reversed the earlier decision, signalling that YouTube, owned by Google, could have known about infringing content and therefore may not fit under the safe harbor clause of the US Digital Millenniumn Copyright Act limiting the liability of online service providers.
After Mayo, Is Patent Law More Restrictive In US Than Europe? 05/04/2012 by Steven Seidenberg for Intellectual Property Watch 1 Comment The United States is known for taking an unusually expansive approach towards patentable subject matter. Compared with Western Europe, for instance, the US has been far readier to grant patents on business methods, medical diagnostic processes, and human genes.
‘Counterfeit’ Dropped From New WHO Protocol On Illicit Tobacco Trade 04/04/2012 by William New, Intellectual Property Watch 1 Comment A new treaty protocol against illicit trade in tobacco products struck today at the World Health Organization saw a late-stage decision to strip out references to “counterfeit” products from the text, according to sources.
Novartis India Challenge Postponed To July 28/03/2012 by Intellectual Property Watch 2 Comments The Indian Supreme Court today postponed hearing the high-profile case involving Swiss pharmaceutical producer Novartis’ challenge of India’s patent law until July, according to sources.
US Supreme Court Reverses Myriad Decision Allowing Gene Patents 27/03/2012 by Intellectual Property Watch 1 Comment The United States Supreme Court yesterday threw out a high-profile case that had allowed a private company’s patents on two human genes associated with cancer.
US Supreme Court Narrows Patentable Subject Matter 21/03/2012 by Intellectual Property Watch 3 Comments On 20 March, the US Supreme Court cut back on the types of inventions that can be patented in America. The court held in Mayo Collaborative Services v. Prometheus Labs., Inc. that one cannot patent an invention which merely applies known technology to natural phenomena.
French IP Lawyers Prefer No Favours For Green Tech Patents; Welcome America Invents Act 20/03/2012 by Catherine Saez, Intellectual Property Watch Leave a Comment PARIS – A meeting of IP professionals held in Paris last week reaffirmed the importance of intellectual property and its protection to the private sector. Meanwhile, panellists at the event argued that green technologies should not benefit from a special regime. They also hailed the new America Invents Act as facilitating patent applications in the United States.
More Foreigners Find Themselves Targets Of US Copyright Law 15/03/2012 by Steven Seidenberg for Intellectual Property Watch 5 Comments All the experts agree: US copyright law doesn’t apply outside US borders. But try telling that to Kim Dotcom, Aubrey Canning, or the growing number of other foreigners whose activities outside the United States have resulted in sanctions under US copyright law.
Ukraine WTO Trademark Dispute Vs. Australia Tests Public Health Measures 14/03/2012 by William New, Intellectual Property Watch 3 Comments Ukraine yesterday filed a World Trade Organization dispute settlement case against Australia for its 2011 law requiring plain packaging on tobacco in an effort to address the severe public health problem related to its use. The case could represent an important measure of the power of trade interests versus public health decisions by governments.