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Intellectual Property Watch

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USTR’s Investigations On IP Rights Against India: Is There A Tenable Case?

20/10/2014 by Intellectual Property Watch 3 Comments

On 14 October, the US Trade Representative (USTR) began the out-of-cycle review (OCR) of India’s intellectual property (IP) laws, the mandate which it gave itself in the 2014 Special 301 Report. Like several years in the past, the USTR once again included India in the Priority Watch List, but this time, India’s IP laws are being subjected to the additional scrutiny through an OCR. It is to be seen whether the OCR sets the stage for naming India as a Priority Foreign Country, viewed by the USTR as worst offender of intellectual property rights, in the next Special 301 report. USTR’s inclusion of India for the OCR was a reflection of the influence that the domestic lobbies have on the country’s engagement with its partner countries, and about USTR’s consistency with World Trade Organization rules, writes Biswajit Dhar.

Filed Under: Features, Inside Views, IP Policies, Language, Themes, Venues, Access to Knowledge/ Education, Asia/Pacific, Bilateral/Regional Negotiations, Copyright Policy, Enforcement, English, Health & IP, Human Rights, Innovation/ R&D, North America, Patents/Designs/Trade Secrets, Regional Policy, WTO/TRIPS

The TPP’s New Plant-Related Intellectual Property Provisions

17/10/2014 by Intellectual Property Watch 1 Comment

The newly-released Trans-Pacific Partnership (TPP) intellectual property (IP) chapter would help seed conglomerates like Monsanto prevent farmers from saving and using seeds that contain patented plant materials, even when such use is for their own personal consumption. The TPP language would also prevent breeders from using plants seeds that contain patented plant materials to research and develop new varieties. Most plant variety protection (PVP) systems allow farmers to save and reuse seeds (for noncommercial purposes) and permit breeders to use protected plant varieties to research and develop new varieties. In contrast, patents on plant-related inventions, as outlined in the TPP, may have few exceptions. This new text constitutes a huge step in the wrong direction, changing the plant IP regimes of many of the negotiating countries to the detriment of their populations, writes Public Citizen.

Filed Under: Features, Inside Views, IP Policies, Language, Themes, Venues, Access to Knowledge/ Education, Bilateral/Regional Negotiations, Biodiversity/Genetic Resources/Biotech, Enforcement, English, Environment, Europe, Human Rights, North America, Patents/Designs/Trade Secrets, Regional Policy, Traditional and Indigenous Knowledge, UPOV / CBD

Leaked TPP Draft Reveals Extreme Rights Holder Position Of US, Japan, Outraged Observers Say

17/10/2014 by William New, Intellectual Property Watch 5 Comments

Critics poring over a newly leaked alleged draft of the Trans-Pacific Partnership agreement (TPP) intellectual property chapter say it shows the United States is taking an all-out lurch toward greater protection and less access, causing outrage among public interest groups.

Filed Under: IP Policies, Language, Themes, Venues, Access to Knowledge/ Education, Bilateral/Regional Negotiations, Copyright Policy, Enforcement, English, Health & IP, Human Rights, Information and Communications Technology/ Broadcasting, Lobbying, North America, Patents/Designs/Trade Secrets, Regional Policy, Technical Cooperation/ Technology Transfer, Trademarks/Geographical Indications/Domains, WTO/TRIPS

USTR Sets Deadline For Comments On Review Of Indian Protection Of US IP

16/10/2014 by William New, Intellectual Property Watch 1 Comment

Comments must be submitted in the new two to three weeks for an extraordinary review by the United States government of India’s protection of US intellectual property rights.

Filed Under: IP Policies, Language, Themes, Venues, Bilateral/Regional Negotiations, Copyright Policy, Enforcement, English, North America, Patents/Designs/Trade Secrets, Regional Policy, Trademarks/Geographical Indications/Domains

Tech Industry Report Ranks Countries On Protectionism – Including IPR

08/10/2014 by William New, Intellectual Property Watch Leave a Comment

A report released today by an American technology industry group ranks countries on the basis of mercantilist policies, urging the United States and multilateral organisations to issue a “bold response” to these restrictive and anti-competitive practices – including intellectual property theft and compulsory licensing permitted under WTO rules in developing countries. The top targets? China and India.

Filed Under: IP Policies, Language, Subscribers, Themes, Venues, Access to Knowledge/ Education, Copyright Policy, Enforcement, English, Finance, Information and Communications Technology/ Broadcasting, Lobbying, North America, Patents/Designs/Trade Secrets, Regional Policy, Technical Cooperation/ Technology Transfer, Trademarks/Geographical Indications/Domains

Domain Dispute Seems To Show Plight Of The ‘Little Guy’ In A Corporate System

02/10/2014 by Intellectual Property Watch 1 Comment

A recent cybersquatting case processed under the World Intellectual Property Organization internet domain dispute procedures offers a possible glimpse of the plight of ordinary internet users in a global system dominated by large companies and their legal teams.

Filed Under: IP-Watch Briefs, IP Policies, Language, Themes, Venues, Enforcement, English, IP Law, Information and Communications Technology/ Broadcasting, North America, Regional Policy, Trademarks/Geographical Indications/Domains, WIPO

US Cracking Down On Software Patents

01/10/2014 by Steven Seidenberg for Intellectual Property Watch 2 Comments

The US courts are aggressively applying the ruling. So is the US Patent and Trademark Office (USPTO). Thanks to their common interpretation of the US Supreme Court’s recent decision in Alice Corp. v. CLS Bank, it is now open season on software patents.

Filed Under: Features, IP Policies, Language, Subscribers, Themes, Venues, English, IP Law, Innovation/ R&D, North America, Patents/Designs/Trade Secrets, Perspectives on the US, Regional Policy

Countries Begin Push To Reduce Differences In Patent Laws

26/09/2014 by William New, Intellectual Property Watch 1 Comment

Some of the leading patent-filing nations this week renewed an effort to harmonise procedures for filing patents in their national offices. Image Credits: Eric Bridiers, US Mission

Filed Under: IP Policies, Language, Themes, Venues, Copyright Policy, English, Finance, IP Law, Innovation/ R&D, North America, Patents/Designs/Trade Secrets, Regional Policy, Trademarks/Geographical Indications/Domains, WIPO

‘Google’ Not A Generic Term Yet, US Court Says

16/09/2014 by William New, Intellectual Property Watch 1 Comment

Googling may be a ubiquitous fact of life, but the company behind the term still has trademark rights, a US court has found.

Filed Under: IP Policies, Language, Subscribers, Themes, Venues, Access to Knowledge/ Education, Copyright Policy, Enforcement, English, IP Law, Information and Communications Technology/ Broadcasting, North America, Regional Policy, Trademarks/Geographical Indications/Domains

Experts Look At The Meaning Of Myriad Case, One Year Later

16/09/2014 by Brittany Ngo for Intellectual Property Watch Leave a Comment

IRVINE, CALIFORNIA – Experts gathered here last week addressed the question of – one year later – what does the United States Supreme Court’s decision on human gene patents mean for scientific research and patent policy?

Filed Under: IP Policies, Language, Themes, Venues, Access to Knowledge/ Education, Biodiversity/Genetic Resources/Biotech, English, Health & IP, Human Rights, Innovation/ R&D, North America, Patents/Designs/Trade Secrets, Regional Policy

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