European Commission Eyes Update Of EU Standards-Setting Policy 01/06/2016 by Dugie Standeford for Intellectual Property Watch 1 Comment As standardisation increasingly takes place at the global level, Europe needs a speedier, more streamlined way to set the technical specifications that define requirements for products, production processes, services and test methods, the European Commission said today. As part of its single market strategy, the EC announced plans for a joint initiative on standardisation (JIS), guidance to boost the development of European standards, and an annual reporting system among EU institutions on how the standardisation policy is working and contributing to competitiveness, jobs and growth.
Re-Mixing Protected By Freedom Of Arts Fundamental Right, German Court Rules 31/05/2016 by Intellectual Property Watch 3 Comments The German Constitutional Court today ruled in favour of the “freedom to sample” – or freedom to remix – in a case between the singer/songwriter Sabrina Setlur and the band Kraftwerk.
EU Council Green-Lights Trade Secrets Directive 27/05/2016 by Dugie Standeford for Intellectual Property Watch Leave a Comment The European Union trade secrets directive passed its final hurdle on 27 May when EU governments backed compromise text approved by the European Parliament on 14 April. Once the law has been formally published, member states will have up to two years to incorporate its provisions into domestic law.
Leaked EU Document Lays Out Major Evaluation Of EU Drug Pricing 25/05/2016 by William New, Intellectual Property Watch 7 Comments The 28 European Union member governments are preparing to request the European Commission to conduct an in-depth evaluation of the availability and affordability of EU medicinal products that could lead to changes in R&D and pricing models. An apparent first-of-its-kind, the assessment would look at market and data exclusivity, supplementary protection certificates, and intellectual property issues, according to an alleged copy of the draft Council conclusions obtained by Intellectual Property Watch.
European Commission Floats Broad Package Of Reforms For Digital Single Market 25/05/2016 by Dugie Standeford for Intellectual Property Watch Leave a Comment The European Commission today unveiled a raft of strategies aimed at boosting the European Digital Single Market (DSM). Among them, the EC rejected the idea of imposing one-size-fits-all rules on online platforms but said it will consider sector-specific regulation to address specific problems relating to such platforms, including in the area of copyright.
Transition Of Core Internet Functions (IANA) Oversight From US Government No Done Deal 24/05/2016 by Monika Ermert for Intellectual Property Watch 1 Comment Will the US National Telecommunications and Information Administration (NTIA) be able to handover oversight over the management of the DNS root zone and other core databases of the internet in September? At a hearing of the Senate Commerce Committee in Washington today, proponents and opponents showed off and Senator Marco Rubio, former presidential candidate, strongly […]
US High Court To Consider IP Protection For Clothing Design 24/05/2016 by Steven Seidenberg for Intellectual Property Watch Leave a Comment Fashion in the US generates over $330 billion in annual revenues, but it is more than a business. Fashion is a well-recognized art, displayed in numerous museum exhibitions throughout the world. This art, however, receives little IP protection in the US. But a case before the US Supreme Court could change that.
Guilty As Charged? Pakistan And The Special 301 Reports 23/05/2016 by Intellectual Property Watch Leave a Comment Owais Hassan Shaikh writes: According to the section of US law on Special 301 reports, a country may be considered a priority foreign country even when it is fully compliant with the WTO Agreement on the Trade-Related Aspects of Intellectual Property Rights (TRIPS), the main multilateral agreement on IP rights today. Hence, this legislation and the determinations made in the Special 301 reports prioritize protection of commercial interests of the US nationals.
Can Patents Ever Be “Ever-Greened”? The Answer…They Are “Never-Greened” 20/05/2016 by Intellectual Property Watch 9 Comments “Ever-Greening of Patents” has been an expression that has been extensively used in debates related to the global pharmaceutical industry at least since the last two decades. Interestingly, this term has never been statutorily defined and hence has been applied most freely by professionals, policy makers and politicians alike. It would be appropriate to objectively examine whether patents in any jurisdiction can ever be “ever-greened”. A fitting initiation to this debate is the very concept of what a patent is from the very first principles, writes Prabuddha Ganguli.
Bid To Overturn UK Plain Packaging Rules Dismissed – BBC 20/05/2016 by Intellectual Property Watch 1 Comment From the BBC: Uniform packaging rules for tobacco will be introduced in the United Kingdom on Friday after a legal challenge against the new law was dismissed by the High Court.