US Section 301 Update On China: Systematic Espionage, Plundering Of IP In US, EU, Australia, Japan 20/11/2018 by William New, Intellectual Property Watch 4 Comments The Office of the United States Trade Representative’s (USTR) latest update of its “Section 301” investigation of China’s alleged theft and manipulation of US intellectual property rights, technology transfer, and trade secrets released today contains a litany of cases of China’s nefarious behaviour in the US as well as Europe, Japan, Australia and elsewhere.
The Bumpy Road To Selection Patents In India 19/11/2018 by Intellectual Property Watch 1 Comment Namrata Chadha, of K&S Partners, a Tier 1 Indian law firm, discusses various crucial aspects relating to patenting of selection inventions in India, especially in pharmaceuticals and chemicals. Summary: The patenting of selection inventions is not plain sailing in India. The patentability of such inventions must be determined in accordance with the general provisions of the Indian Patents Act, as there is no separate provision for the same in the Act. Of the said general provisions, the assessment of inventive step and testing under section 3(d) of the Indian Patents Act can be perceived as the most critical to patentability of selected novel species. Additionally, the concepts of ‘implicit disclosure’ and the contrasting views on ‘coverage vs disclosure’ frequently makes it challenging for applicants to defend their novel selection under the Indian scenario. Given the lack of enough precedents in India on this aspect, to date the fate of selection patents depends mostly on the judgement of the patent controllers. Not all hope is lost, however, since not only the Indian Patent Office, but also the IPAB and higher Courts have time-and-again acknowledged the existence of selection patents in India.
A Look At The Proposed EU IP Exception To Promote Generic, Biosimilar Industry Competitiveness 16/11/2018 by David Branigan, Intellectual Property Watch 1 Comment The European Commission has proposed an exception to the extended period of patent protection that the European Union provides to original drug manufacturers for certain products, in order to boost the competitiveness of EU generic and biosimilar industries in global markets. The exception will allow EU generic and biosimilar companies to manufacture protected drugs for export during this patent extension period. Stakeholders are so far unhappy with the exception. Meanwhile, studies analyse its potential economic impacts and legal implications, and the Commission remains confident that safeguards it is putting in place will keep the lower-priced medicines from making their way back into the EU.
EU High Court Rejection Of Copyrights For Food Tastes Worries Rights Holders 15/11/2018 by Dugie Standeford for Intellectual Property Watch Leave a Comment A food’s taste cannot be pinned down with enough precision and objectivity to make it copyrightable under EU law, the European Court of Justice (ECJ) said on 13 November. The decision creates a new standard that could be applied to all European copyright works, but would likely be the same under US law, intellectual property lawyers said.
China’s Xi Jinping Signals Higher Focus On IP, Market Opening To Ease US-Sino Tensions, But Global Leadership Friction In Innovation To Persist 15/11/2018 by John Zarocostas for Intellectual Property Watch Leave a Comment SHANGHAI, China — The President of China, Xi Jinping, in a keynote address on 5 November to political and business leaders attending the opening of the first China International Import Expo (CIIE) in Shanghai sent a strong diplomatic signal that Beijing will push ahead with further opening up of the economy to more international competition. In a move to try and ease US-Sino tensions Xi also indicated China will take proactive steps to boost protection of intellectual property rights (IPRs), including harsher penalties against violators – a major grievance for the United States and the pivotal issue in the escalating trade war between the world’s two largest economies.
IP Experts Discuss US Congressional Changes, Prospects For IP Legislation 13/11/2018 by William New, Intellectual Property Watch 1 Comment NEW YORK – Major changes are coming to the makeup of the US Congress from the perspective of intellectual property policy, and while it may translate into more patent-friendly officials, the prospect for legislation is uneven, a panel of IP experts told a private sector conference here last week.
Experts Assess Coming Changes In US Courts And Patentability 09/11/2018 by William New, Intellectual Property Watch 2 Comments NEW YORK — A panel of legal and government experts this week discussed trends in courts in the United States on patent cases and changes underway at the US Patent and Trademark Office. One conclusion? There may be a real shift in what is seen as patentable in the US, but it may take an act of Congress. [Note: part 1 of 2. The second part will address this week’s changes in the US Congress.]
USPTO Names Silicon Valley Tech Attorney As New Deputy Director 06/11/2018 by Intellectual Property Watch Leave a Comment The United States Patent and Trademark Office (USPTO) today announced a new deputy director, Laura Peter, a veteran intellectual property attorney, most recently at Silicon Valley cyber-defence firm A10 Networks.
New EU Directive Limits Hate Speech, Establishes European Content Quotas 06/11/2018 by William New, Intellectual Property Watch Leave a Comment A new directive adopted today by European Union member governments updates and strengthens regulations on video-sharing platforms and other newer forms of media, emphasising the public interest, elevating protections for children, and establishing a 30 percent quota of European content in on-demand audiovisual media services.
Report Finds “Overpatenting”, Overpricing Of Top Diabetes Drug In US 05/11/2018 by David Branigan, Intellectual Property Watch 1 Comment Non-profit patent researchers studying the most prominent prescription insulin drug to treat diabetes in the United States found it is “overpatented” and “overpriced,” enabling unwarranted price-hikes resulting in rising costs for patients and taxpayers.