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Intellectual Property Watch

Original news and analysis on international IP policy

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The User Rights Database: Measuring The Impact Of Copyright Balance

01/11/2017 by Intellectual Property Watch 2 Comments

PIJIP’s Copyright User Rights Database tracks changes to copyright user rights (aka limitations and exceptions) over time in a sample of 21 countries of different development levels. The data assesses the degree to which other countries have adopted exceptions that are as open as the US fair use right – i.e. open to a use of any kind of work, by any kind of user and for any purpose. The instrument and results are available at infojustice.org/survey.

Filed Under: Features, Inside Views, IP Policies, Language, Themes, Venues, Access to Knowledge/ Education, Copyright Policy, Development, English, Information and Communications Technology/ Broadcasting, North America, Regional Policy, Technical Cooperation/ Technology Transfer

New Worldwide Compilation Of GIs Launched: Helping To Bridge Two Approaches?

30/10/2017 by Catherine Saez, Intellectual Property Watch Leave a Comment

The Organization for an International Geographical Indications Network (oriGIn) launched a worldwide compilation of geographical indications today at the World Intellectual Property Organization. The compilation, which lists over 7,000 geographical indications, beyond providing a technical tool, is also presented as a tool of reconciliation.

Filed Under: IP Policies, Language, Themes, Venues, Biodiversity/Genetic Resources/Biotech, Development, Enforcement, English, Europe, Lobbying, Regional Policy, Trademarks/Geographical Indications/Domains, Traditional and Indigenous Knowledge

A Look Back: Challenges Of Open Access In 2017 (An Industry Perspective)

27/10/2017 by Intellectual Property Watch Leave a Comment

Suzanne Kavanagh writes: Over the course of the year, three issues repeatedly reared their heads as barriers to the successful implementation of Open Access: the burden of expected author OA expertise; the underutilization of metadata in the publication lifecycle, and the challenges posed to authors and institutions by one-off solutions. As the tenth Open Access Week draws to a close, with its focus on the concrete benefits of making scholarly research openly available, where have we gotten to in solving these problems and realizing the potential of OA?

Filed Under: Features, Inside Views, IP Policies, Language, Themes, Venues, Access to Knowledge/ Education, Copyright Policy, English, Information and Communications Technology/ Broadcasting, North America, Regional Policy

Reaping The Benefits Of Artificial Intelligence

26/10/2017 by Guest contributor for Intellectual Property Watch Leave a Comment

Your brand is everything in the global marketplace. It is no exaggeration to say that a business now lives and dies by both its offline, online and social reputation. Because of this, searching a trademark is more vital than ever before. It is important for trademark professionals to work faster and more effectively in searching, clearing and registering strong marks to ensure clients have a competitive advantage. To do so requires the merging of the old and new: the specific knowledge that only highly experienced trademark experts can provide, with the advantages of the latest wave of artificial intelligence (AI) technology, writes Ronda Majure.

Filed Under: Features, IP Policies, Language, Themes, Venues, Enforcement, English, Europe, Finance, Innovation/ R&D, Paid Content, Trademarks/Geographical Indications/Domains

Health Group Challenges Gilead Patents In The US On Grounds Of Lack Of Novelty

25/10/2017 by Intellectual Property Watch 11 Comments

A health advocacy group today announced that it has challenged a set of United States patents for a hepatitis C medicine. The group says drug maker Gilead Sciences has obtained unmerited patents for sofosbuvir, blocking millions of US patients from affordable treatment.

Filed Under: IP-Watch Briefs, IP Policies, Language, Themes, Venues, Access to Knowledge/ Education, English, Health & IP, Health Policy Watch, Human Rights, IP Law, Innovation/ R&D, Lobbying, North America, Patents/Designs/Trade Secrets, Regional Policy

Staff Union Welcomes Next EPO President, Hopes For Dialogue

23/10/2017 by Intellectual Property Watch Leave a Comment

In a letter to its members, the Staff Union of the European Patent Office (SUEPO) in The Hague, Netherlands has welcomed the election of Antonio Campinos as new President of the EPO a week ago, expressed hope for a change in EPO management-workforce relations and has some recommendations for next steps.

Filed Under: IP-Watch Briefs, IP Policies, Language, Themes, Venues, English, Europe, Finance, Patents/Designs/Trade Secrets, Regional Policy

CCIA Report: Digital Music Industry Sees Strong Revenue Growth, Creativity, Choice

19/10/2017 by Intellectual Property Watch 1 Comment

A technology association-backed report released this week shows strong growth in revenues for the music industry over the past 5 to 10 years, driven by digital music. The data counters the current European copyright reform concern over a “value gap” for the music industry, the Computer & Communications Industry Association (CCIA) said.

Filed Under: IP-Watch Briefs, IP Policies, Language, Themes, Venues, Access to Knowledge/ Education, Copyright Policy, Enforcement, English, Europe, Information and Communications Technology/ Broadcasting, Lobbying, Regional Policy, Trademarks/Geographical Indications/Domains

In US, New Legal Ploy May Protect Bad Patents

18/10/2017 by Steven Seidenberg for Intellectual Property Watch 2 Comments

It had been a bad three months for Allergan, Inc. The drug maker’s stock price had fallen over 20 percent, as the company faced two legal challenges to the patents on its blockbuster drug, Restasis. Then, on 16 October, Allergan lost one of those challenges. A US court found the patents invalid. Allergan vowed to appeal, thus maintaining its monopoly on the drug until a final court determination, which could be over a year away. But Allergan’s monopoly could collapse far sooner, if the company were to lose the second challenge to the patents, before the USPTO. Such a loss was probable, as the agency had already found a “reasonable likelihood” that prior art invalidated the patents on Restasis. So back in September, Allergan employed an innovative legal strategy: The company gave its patents to a Native American tribe, and the tribe claimed its sovereign immunity prevented the USPTO from reviewing the patents’ validity. If this strategy were to succeed, it will do far more than just boost Allergan’s bottom line. The new strategy will increase the power of patent owners, help patent trolls, and dramatically alter the US patent system.

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

EU To Get Rid Of Big Pharma-Friendly SPCs

18/10/2017 by Intellectual Property Watch 1 Comment

Extended monopoly protection by the Regulation EC 469/2009 concerning the supplementary protection certificate (SPC) mechanism for medicinal products has led to spiralling prices in Europe for lifesaving medicines, while exhausting the national budgets and depriving patients of fair access to treatments. The EU Commission should repeal the SPCs and put in practice the recommendations signed on 8 September 2017 by thirty-three civil society organisations, in alignment with the final report of the UN High Level Panel on Access to Medicines, writes Daniele Dionisio.

Filed Under: Features, Inside Views, IP Policies, Language, Themes, Venues, English, Europe, Health & IP, Patents/Designs/Trade Secrets, Regional Policy

Reckoning With The “System Battistelli”

16/10/2017 by Monika Ermert for Intellectual Property Watch 1 Comment

MUNICH — Considerable quality problems in the examination and processing of patent applications at the European Patent Office (EPO) were deplored by a group of patent attorneys during a visit of the new Chair of the EPO Administrative Board, Christoph Ernst, from the German Ministry of Justice, to the Max Planck Institute for Innovation and Entrepreneurship Research in Munich. Meant as a presentation of Ernst’s thoughts on “the future of the European patent system,” the debate developed into a harsh reckoning of the “System Battistelli.”

Filed Under: IP Policies, Language, Subscribers, Themes, Venues, Enforcement, English, Europe, Lobbying, Patents/Designs/Trade Secrets, Regional Policy

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