Decision In US Inter Partes Review Case Coming But Outcome Seen As “Highly Uncertain” 06/04/2018 by Dugie Standeford for Intellectual Property Watch 1 Comment The United States Supreme Court is likely to affirm the constitutionality of US Patent and Trademark Office inter partes reviews when it rules in the closely watched matter of Oil States Energy Services, LLC v. Greene’s Energy Group LLC, according to Michael Best & Friedrich intellectual property attorney Marshall Schmitt. The end result of the decision, however, is hard to predict, he said.
Ending Unauthorised Access To Genetic Resources (aka Biopiracy): Bounded Openness 06/04/2018 by Intellectual Property Watch 7 Comments “Access to genetic resources” and “the fair and equitable sharing of benefits arising from their utilization” have beleaguered all thirteen Conferences of the Parties to the 1993 United Nations Convention on Biological Diversity (CBD), a group of academics writes. The expression in quotes constitutes the third objective of the Convention and is intertwined with the first two, conservation and sustainable use. It goes by the acronym “ABS”. Despite 25 years of efforts and an annual bio-economy of nearly one trillion dollars, few contracts have ever been concluded. And of those very few, the monetary benefits are so low that contracting parties are loathe to disclose them. The “Brazilian ABS Law” of 2015, which came into effect on 6 November 2017, even allows royalties on net sales to be as low as one tenth of one percent. In the words of one distinguished legal scholar, Users are paying “peanuts for biodiversity.”
Major Study Finds Taxes On Soda, Alcohol, Tobacco Help Curb NCDs; Study Restarts UN Momentum 05/04/2018 by William New, Intellectual Property Watch Leave a Comment A major new study published in the The Lancet journal this week restarts discussions in international organisations over how to address non-communicable diseases (NCDs) worldwide. The study found that taxing soft drinks, alcohol and tobacco can lead to significant health gains among the poorest in society.
US Imprisons Chinese Scientist For Theft Of Engineered Rice Seeds 04/04/2018 by Intellectual Property Watch Leave a Comment A Chinese scientist has been sentenced to jail for more than 10 years for conspiring to steal samples of a highly developed variety of genetically modified rice seeds from a Kansas biopharmaceutical research facility, the US Justice Department said in a release.
US Says China’s WTO Case On Steel, Aluminum Baseless, Not Safeguards 04/04/2018 by Intellectual Property Watch Leave a Comment The United States today said China’s request for dispute settlement consultations at the World Trade Organization is “baseless,” as the recent US measures against imports of Chinese steel and aluminum are not safeguards and so do not warrant the $3 billion in retaliation subsequently announced by China. Nevertheless, the US said it is willing to hold consultations with China, but not related to the WTO Agreement on Safeguards.
Better Cyber Security Problematic, Says US Financial Industry: Power Struggle Over Encryption 04/04/2018 by Monika Ermert for Intellectual Property Watch Leave a Comment A decision to keep third party listeners out of communications on the internet taken by the Internet Engineering Task Force (IETF) at their recent meeting in London elicited an alarmist message from the US financial industry. The premier internet standardisation body would provide “privacy for crooks,” and practically prohibit “bank security guards from patrolling and checking particular rooms” online, BITS, the technology division of the Financial Services Roundtable, argued in a press release last week. Has standardisation gone rogue?
The Price Of China’s Forced Transfer Of US Tech and IP? USD 50 Billion In Tariffs, US Says 04/04/2018 by Intellectual Property Watch Leave a Comment The Trump administration today (3 April) published a list of Chinese exports to the United States which could be subject to as much as US$ 50 billion in tariffs in retaliation for policies it says have forced the unfair transfer and theft of US technology and intellectual property.
Federal Circuit Ruling in Oracle v. Google Could Affect Global Software Industry 03/04/2018 by Dugie Standeford for Intellectual Property Watch Leave a Comment Google’s use of 37 of Oracle’s Java application programming interface (API) packages in its Android operating system infringed Oracle patents and copyright, the US District Court for the Federal Circuit (CAFC) said on 27 March. The latest decision in the long-running case was not unreasonable but could stifle software innovation, lawyers said.
Coming To Your Door: USTR Trade Barriers Report Lists Concerns To Raise With Trading Partners 01/04/2018 by William New, Intellectual Property Watch Leave a Comment The newly released United States government annual report on trade barriers for US exports provides a laundry list of issues it views as inhibiting US products and services from being treated fairly or sufficiently protected in its key trading partners. Among the many issues are many concerns about intellectual property rights, digital trade, broadcasting, pharmaceuticals and more.
WIPO Director Briefs Ambassadors On Results, Outlook 29/03/2018 by William New, Intellectual Property Watch Leave a Comment The director general of the UN World Intellectual Property Organization recently briefed ambassadors in Geneva on 2017 results and the outlook for the organisation and the IP field. Here’s a preliminary look at what they were told.