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.”
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.
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.
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.
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.
More Delay To ICANN Introduction Of New Internet Domains? 23/06/2010 by Monika Ermert for Intellectual Property Watch Leave a Comment BRUSSELS – Applicants for new top-level internet domains may face another round of discussions before the long-awaited application period for .nyc, .shop or .gay can happen.
New US IP Enforcement Plan May Have International Impact 23/06/2010 by Liza Porteus Viana, Intellectual Property Watch 5 Comments The Obama administration’s release of its national intellectual property strategy yesterday was welcomed by many groups representing businesses and intellectual property holders who said it could serve as an example to other countries.
Comparative Analysis Shows US Patent Office Scores Poorly On Patent Quality 18/06/2010 by Catherine Saez, Intellectual Property Watch Leave a Comment Quality across patent systems has been understudied but a new methodology put forward by the former chief economist of the European Patent Office suggests that the EPO provides higher quality services than its United States and Japan counterparts. Efforts at collaborative work between patent offices are being made but mutual recognition might not be possible or desirable without some harmonisation in the way the different systems operate.
The Biosimilars Pathway: An Invitation To Litigation 11/06/2010 by Intellectual Property Watch Leave a Comment Lynn C. Tyler writes: The litigation provisions of the recently-enacted legislation establishing a pathway to bring biosimilars to market contain “patent” ambiguities in key areas, particularly whether the various lists of patents to be litigated are exclusive. Courts will have to resolve these issues over the next several years, likely at great (and unnecessary) expense and uncertainty to litigants.
FIFA, Vuvuzelas And Facebook: The Global Trophy Of IP Protection 11/06/2010 by Emma Broster for Intellectual Property Watch and Cheikh Kane for Intellectual Property Watch 1 Comment In the run-up to the Fédération Internationale de Football Association (FIFA) World Cup in South Africa, sometimes described as the biggest marketing event in the world, there have been a number of instances where FIFA and local businesses have conflicted over the use of terms to advertise their products.