Report Shows Benefits Of US Investment In Global Health R&D 03/08/2017 by William New, Intellectual Property Watch Leave a Comment A new report from a global health advocacy group in Washington, DC shows the importance to the United States of US government investment in global health research and development and argues that more investment would have a tremendous positive impact on lives worldwide, including in fighting neglected diseases.
Troubled Federal Circuit Hobbles US Patent System 31/07/2017 by Steven Seidenberg for Intellectual Property Watch Leave a Comment It’s been another dismal term for the Federal Circuit Court of Appeals. Six of its patent law decisions were reviewed in the US Supreme Court’s 2016-17 term, and the Federal Circuit’s decisions were overturned in all six cases. That, unfortunately, is not surprising. Over the past 15 years, the tribunal once known as the nation’s “patent court” has seen many of its most important patent law decisions reversed by the Supreme Court– sometimes in withering opinions. This has seriously undermined the Federal Circuit’s power, reputation, jurisprudence, and (apparently) self-confidence – causing a major problem for the United States’ patent system.
Companies Prefer Trade Secrets To Patents To Protect Innovation, EUIPO Finds 27/07/2017 by Dugie Standeford for Intellectual Property Watch 1 Comment “Despite their economic importance, and in particular their role in protecting returns from innovation, trade secrets are poorly studied and their relationship with patents is often misinterpreted,” the EU Intellectual Property Office (EUIPO) said in a study published this month. It used a survey of around 200,000 companies in Europe’s manufacturing and service industries to determine what factors influenced their choice between patents and trade secrets, as well as their overall use of both mechanisms. The results could help policy-makers, the Office said. It also holds out opportunities for innovative lawyers and intellectual property firms, said one IP management consultant.
Why Fair Dealing Is Not Destroying Canada Publishing 25/07/2017 by Intellectual Property Watch 2 Comments For the past few years, publishers around the world have engaged in a sustained campaign to hold up Canada as proof that making fair dealing more flexible for education will hurt publishers. Those efforts rarely tell the whole story: that paid access remains the primary source of materials in Canada, that educational copyright policies in Canada are primarily a function of court decisions not copyright reform (the emphasis on fair dealing came before the 2012 reforms), that global publishers were reporting marketplace challenges that have nothing to do with copyright, that Canadian publishers that supposedly stopped publishing were still in business, that court affidavits from Canadian publishers focus on many concerns other than copyright, and that a study from one Canadian publisher association highlighted issues such as open access and used book sales. University of Ottawa law professor Michael Geist expands on the reality of Canadian publishing and copyright law.
US, European Views On IP Management And Digital Business 25/07/2017 by Guest contributor for Intellectual Property Watch Leave a Comment Data-driven technologies are enabling the expansion of trade and data flows around the world. We have disruptive smart products, smart industrial processes, smart clouds and smart services. Traditional industries such as pharmaceuticals, chemical and mechanical engineering digitally transform production processes to generate custom-tailored services and improve competitiveness using artificial intelligence while new companies emerge with disruptive offers. Such artificial intelligence-based business models, however, are bringing about a rethinking in European regulations in relation to copyrights, such as that deployed by DeepMind and Pinterest, for instance, because machine learning may reproduce countless amounts of proprietary content to generate raw solutions. A recent event in Paris delved into these and other issues, including data ownership and access rights, as well as inventions by computers.
Six Inconvenient Truths About NAFTA Renegotiations 21/07/2017 by Intellectual Property Watch 2 Comments The renegotiation of the North American Free Trade Agreement’s (NAFTA’s) standards on patents is not good news for Canada. Any give by Canada will be costly not only to our health care system, but also to Canadian innovators, write Jean-Frédéric Morin and Richard Gold.
To Print Or Not To Print: Innovation And IP Issues In 3D Printing 19/07/2017 by Intellectual Property Watch 1 Comment 3D printing used to be an expensive product design tool, but it is quickly becoming an affordable and accessible technology. First emerging in the 1980s, the availability of low-cost, high-performance 3D printers has put the technology firmly within reach of consumers. While this provides a number of opportunities for designers and manufacturers, there is also concern around the impact on IP rights, writes Jia Li.
Without Understanding What Traditional Knowledge Is, We Cannot Utilize It Appropriately 18/07/2017 by Hillary Muheebwa for Intellectual Property Watch Leave a Comment KAMPALA, Uganda — For a long time, traditional knowledge and traditional cultural expressions were timidly recognised as intellectual efforts worthy of legal protection. Of recent, indigenous peoples, local communities, and some governments have demanded the recognition of traditional forms of creativity and innovation as protectable intellectual property.
USTR Puts IP Focus In Digital Trade In NAFTA Renegotiation Objectives 18/07/2017 by Intellectual Property Watch Leave a Comment In its newly issued objectives for renegotiation of the North American Free Trade Agreement (NAFTA), the Office of the United States Trade Representative (USTR) has put a strong focus on protecting and exploiting intellectual property rights in the digital environment.
Temporary Compulsory License For Antiretroviral Drug Upheld By German Court 17/07/2017 by Intellectual Property Watch 1 Comment MUNICH — The German Federal Supreme Court in a decision drawing significant attention on 11 July upheld a temporary compulsory licence granted for the HIV drug Isentress (X ZB 2/17). The antiretroviral drug, based on raltegravir, has been the object of a prolonged court fight between Japanese drug company Shionogi and its US competitor Merck.