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Intellectual Property Watch

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US Rightsholders Seek Narrower Scope Of ACTA, Clarity On Trademark Infringement Vs. Counterfeiting

10/07/2010 by Monika Ermert for Intellectual Property Watch Leave a Comment

Many of the 11 negotiating partners of the Anti-Counterfeiting Trade Agreement (ACTA) for years have underlined that the new anti-counterfeiting and anti-piracy agreement will not change their national laws, with the United States and the European Union especially firm on this point. Yet the Washington, DC-based Intellectual Property Owners’ Association (IPO) in a recent letter, here,
to the US Trade Representative stated concern that ACTA “potentially change(s) United States law by transforming what are the commonly occurring non-counterfeit-types of civil action infringements into activity that is to be punished under federal criminal law.”

Filed Under: IP Policies, Language, News, Subscribers, Themes, Venues, Access to Knowledge/ Education, Bilateral/Regional Negotiations, Copyright Policy, Enforcement, English, Lobbying, North America, Trademarks/Geographical Indications/Domains

UN Biodiversity Talks Resume, Last Chance For Agreement Before October Deadline

09/07/2010 by Catherine Saez, Intellectual Property Watch Leave a Comment

The last chance to complete discussions and reach an agreement on a draft protocol text on access and benefit-sharing is given to member parties of the UN Convention on Biodiversity (CBD) next week. The protocol is intended to provide a new international tool for governments against piracy of genetic resources.

Filed Under: IP Policies, News, Themes, Venues, Biodiversity/Genetic Resources/Biotech, Development, English, Patents/Designs/Trade Secrets, Traditional and Indigenous Knowledge, United Nations - other

Monsanto Soybean Patent Cannot Stretch To Processed Soy Meal, European Court Says

07/07/2010 by Catherine Saez, Intellectual Property Watch 3 Comments

Yesterday, the European Court of Justice ruled in a case pitching Monsanto against European importers of Argentinean soy meal, denying the US seed giant intellectual property rights over the exports of soy meal from Argentina to the European Union.

Filed Under: IP Policies, Language, News, Themes, Venues, Biodiversity/Genetic Resources/Biotech, Enforcement, English, Europe, Innovation/ R&D, Patents/Designs/Trade Secrets

WHO Flu Misconduct Debate Polarising As Independent Review Advances

07/07/2010 by Kaitlin Mara for Intellectual Property Watch 5 Comments

“Exactly a year ago, a very bad decision was taken” by the World Health Organization that now seems “unscientific and irrational,” said Council of Europe parliamentarian Paul Flynn in a late June presentation of a new report on the WHO’s actions during the 2009 influenza pandemic.

But opinions heard at an ongoing review of the WHO’s pandemic response were mixed, with some praising the organisation’s work to protect public health and others critiquing what they say is suspicious secrecy.

Filed Under: Features, IP Policies, Language, Themes, Venues, English, Europe, Health & IP, Patents/Designs/Trade Secrets, WHO

ACTA Negotiators Vow To Mesh With National-Level Rights; Withhold New Text

02/07/2010 by Monika Ermert for Intellectual Property Watch 4 Comments

LUCERNE, SWITZERLAND – There was progress during the ninth round of negotiations for the Anti-Counterfeiting Trade Agreement (ACTA) this week in Lucerne, negotiators said over the last day, and in their final press communiqué they made promises that “ACTA will not interfere with a signatory’s ability to respect fundamental rights and liberties,” it would be consistent with World Trade Organization agreements and certainly “not hinder the cross-border transit of legitimate generic medicine.”

Filed Under: IP Policies, News, Themes, Venues, Access to Knowledge/ Education, Bilateral/Regional Negotiations, Copyright Policy, Enforcement, English, Patents/Designs/Trade Secrets, Trademarks/Geographical Indications/Domains

US Economist: US Financial Patents Litigation-Prone; Low Quality Makes Them Easy Targets

01/07/2010 by Catherine Saez, Intellectual Property Watch 1 Comment

Filing of financial patents seems to be on a parallel upward trend with litigation in the United States, with large companies being prime targets, and individual or small entities owning the patents, according to a well-known US economist. This could be the consequence of low quality patents being granted, he said.

Filed Under: Features, IP Policies, Language, Subscribers, Themes, Venues, English, Finance, IP Law, Information and Communications Technology/ Broadcasting, Innovation/ R&D, North America, Patents/Designs/Trade Secrets, WIPO

ACTA Risks Long-Term Damage To Democratic Public Policymaking, NGOs Say

30/06/2010 by Kaitlin Mara for Intellectual Property Watch and Monika Ermert for Intellectual Property Watch 1 Comment

An agreement on international intellectual property rights enforcement now under negotiation in Lucerne, Switzerland runs the risk of ushering in a new and undemocratic precedent for international policymaking that could have long-term damaging effects on critical public policy issues, non-negotiating government representatives and civil society advocates said this week.

Filed Under: Features, IP Policies, Language, Themes, Venues, Access to Knowledge/ Education, Bilateral/Regional Negotiations, Copyright Policy, Enforcement, English, Lobbying, Patents/Designs/Trade Secrets, Technical Cooperation/ Technology Transfer, Trademarks/Geographical Indications/Domains, WTO/TRIPS

ACTA A Sign Of Weakness In Multilateral System, WIPO Head Says

30/06/2010 by Catherine Saez, Intellectual Property Watch 6 Comments

The plurilateral Anti-Counterfeiting Trade Agreement (ACTA) and other such regional negotiations are a “bad development” for multilateral agencies, the World Intellectual Property Organization director general has told Intellectual Property Watch.

Filed Under: Language, Themes, Venues, Access to Knowledge/ Education, Enforcement, English, Information and Communications Technology/ Broadcasting, Innovation/ R&D, WIPO

In Bilski Decision, US Supreme Court Adopts Tough But Vague Test for Business Method Patents

29/06/2010 by Steven Seidenberg for Intellectual Property Watch 1 Comment

The United States Supreme Court yesterday handed down an important patent law ruling. By a narrow 5-4 vote, the court held in Bilski v. Kappos that business methods are patentable under US law. But the court provided only limited guidance on how to determine which business methods (and other types of inventions) are indeed patentable.

Filed Under: IP Policies, Language, News, Themes, Venues, English, IP Law, Information and Communications Technology/ Broadcasting, North America, Patents/Designs/Trade Secrets

Scope Of Anti-Counterfeiting Agreement Again A Big Issue In Round Nine

26/06/2010 by Monika Ermert for Intellectual Property Watch Leave a Comment

MUNICH – The staid little Swiss town of Lucerne this week sees round number nine of the negotiations for the Anti-Counterfeiting Trade Agreement (ACTA). While the 11 negotiating parties gather in the Palace Hotel, the Swiss Pirate Party together with their Pirate colleagues from Germany and Switzerland will organise a rally at the Lucerne train station.

Filed Under: Features, IP Policies, Language, Themes, Venues, Access to Knowledge/ Education, Bilateral/Regional Negotiations, Copyright Policy, Enforcement, English, Information and Communications Technology/ Broadcasting, Patents/Designs/Trade Secrets, Trademarks/Geographical Indications/Domains

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