US Jobs Bill Would Restrict Foreign Access To Patent Applications 28/07/2010 by William New, Intellectual Property Watch Leave a Comment As the jobless rate remain high and budgets tight, United States policymakers increasingly are looking for ways to boost domestic innovation in order to create new jobs and boost the economy. One such bill to be announced tomorrow, called the “Strategic Manufacturing & Job Repatriation Act” aims to develop a national manufacturing strategy to create American jobs, including by lowering access to early patent applications and prioritising university patents.
The Great Firewall of China: When Does Online Censorship Violate WTO Rules? 28/07/2010 by Steven Seidenberg for Intellectual Property Watch 2 Comments China’s government says it is acting in the best interests of its citizens. It is regulating the internet in order to protect its people from pornography and other objectionable content. Critics, however, assert that China is guilty of wide-ranging censorship, drastically limiting what mainland residents can see, hear and say online. Moreover, according to a growing chorus, this online censorship violates World Trade Organization rules.
Reminder: Urgent Call To Support Intellectual Property Watch 28/07/2010 by Intellectual Property Watch, Intellectual Property Watch Leave a Comment Dear Readers, we at Intellectual Property Watch are writing to politely remind you that the financial support of every one of you is needed this year, especially those of you who have long benefited from our open-access work and have never been asked to contribute. We set a target of end of July, just a few days away. We would like to remind you of the reliable reporting and tough-minded analysis that Intellectual Property Watch brings to a complex area that will certainly continue to be at the centre of global policy and legal debates for years to come, whether your topic is IP law, public health, climate change, food security, trade, internet policy and knowledge access, or innovation.
Global AIDS Conference Sees Pledge Of Access, Call For Funding; IP Rights Discussed 28/07/2010 by Catherine Saez, Intellectual Property Watch Leave a Comment The global AIDS community meeting in Vienna last week ended with renewed determination to fight the epidemic but underlined an urgent need for increased funding to sustain scientific advances and universal access. Some warned against an intellectual property rights enforcement push threatening global access in particular through bilateral and regional trade agreements.
USPTO Seeks Comments On Post-Bilski Guidelines 28/07/2010 by Intellectual Property Watch 1 Comment The United States Patent and Trademark Office (USPTO) has posted supplemental interim guidance for the patent examining corps to use when determining subject matter eligibility under 35 U.S.C. § 101 in light of the US Supreme Court’s holding in Bilski v. Kappos (IPW, IP Law, 29 June 2010). The new guidelines can be found in […]
Is USPTO 3-Track Plan TRIPS Non-Compliant? 28/07/2010 by Intellectual Property Watch Leave a Comment A new proposal from the United States Patent and Trademark Office (USPTO) for a “Three Track” system for patent examination may violate US obligations under the World Trade Organization Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement, US IP lawyer Harold Wegner, a partner at Foley & Lardner, has argued. The “Three-Track” programme would provide […]
Review Of US Digital Millennium Copyright Act Brings New Exemptions 27/07/2010 by Leslee Friedman for Intellectual Property Watch 2 Comments The United States Copyright Office this week completed its statutorily required review of the landmark Digital Millennium Copyright Act (DMCA). Included in the ruling were three major exemptions: a renewal on the exemption for cell-phone unlocking, a new exemption for the jailbreaking of smart phones technology, and the use of visual media clips for transformative, non-commercial works. The ruling has resulted in a flood of optimism from a wide variety of non-governmental groups.
US Second Circuit Decision Opens Questions Of Transformative And Fair Use 27/07/2010 by Intellectual Property Watch 3 Comments A recent US court decision introduces entirely new questions about the balance between a transformative work and a copyright infringement. It also places the responsibility of balancing the public interest in freedom of expression against the interests of rights holders squarely in the hands of the court, writes Leslee Friedman.
The WHO’s Complex Path On Counterfeiting, R&D Financing, Pandemics 27/07/2010 by Emma Broster for Intellectual Property Watch Leave a Comment The World Health Organisation is following a complicated timeline for new mandates on combating fake medicines, creating alternative financing mechanisms for research and development on neglected diseases, and improving pandemic influenza preparedness.
WIPO Sees First Real Progress In 10 Years On Text For Protection Of Folklore 26/07/2010 by Kaitlin Mara for Intellectual Property Watch 9 Comments Experts meeting last week at the World Intellectual Property Organization made the first real strides in over a decade at developing a concrete rules to protect the cultural expressions and folklore of indigenous and local communities.