Max Planck Institute Director Reto Hilty: Europe Might Miss Chance For Real Copyright Law Modernization 16/03/2019 by Monika Ermert for Intellectual Property Watch 2 Comments With the final vote over Europe’s new copyright directive being expected during the Parliament’s March 26th session in Strasbourg, two decades of the copyright wars seem to culminate in another hot battle. Thousands of citizens have taken to the streets during recent weeks warning that the intended changes to liability fundamentally change how citizens can use social media platforms in the future. Article 13 will make providers liable for any copyright violation, pushing them to automatically filter content uploaded by their users. Article 11, the so-called snippet law or link tax, has been pushed for by large publishers in order to compel Google and the likes to share their revenues. Amidst the ongoing fight, Reto Hilty, Director of the Max Planck Institute for Innovation and Competition (MPI) in Munich, took a cool, analytic look into the two most debated provisions and concludes that the reform–even after a number of amendments – misses on what it originally set out to achieve: adapting copyright to digital times. [Note: this interview by IP-Watch writer Monika Ermert first appeared in German in heise online, hereheise online, here.]
Innovation And Regulation Of Gene-Edited Vegetables: An Interview With IP Lawyer Chris Holly 05/03/2019 by Intellectual Property Watch Leave a Comment Chris Holly is a practicing intellectual property lawyer with extensive experience helping clients leverage IP portfolios in the agriculture, food, microbiology and biotechnology industries. Intellectual Property Watch’s David Branigan interviewed Holly to gain his perspective on the technological, regulatory and intellectual property considerations of next generation plant breeding techniques, in particular those that involve gene editing using CRISPR technology.
Will US Drug Pricing Politics Change Intimidation Practices Globally? 05/03/2019 by Intellectual Property Watch 2 Comments Fifa Rahman writes: The global health world, particularly as concerns skyrocketing drug prices and patent abuse, is in a unique space in time. Recently, the Office of the United States Trade Representative (USTR) has been carrying on as per usual. It has threatened the Malaysian and Colombian governments at numerous junctures to prevent them from issuing compulsory licences – a completely legal mechanism which the US uses regularly – to access generic hepatitis C drugs. The Trump Administration has sent delegations to global health agencies in Geneva to intimidate them into reducing, or hiding, work on TRIPS flexibilities and fairer drug pricing.
In US, No Remedies For Growing IP Infringements 04/03/2019 by Steven Seidenberg for Intellectual Property Watch 1 Comment Ubi Jus Ibi Remedium. Alas, that longstanding legal principle – where there’s a right, there’s a remedy – doesn’t apply to IP owners in the US. Thanks to several Supreme Court rulings interpreting the US Constitution, owners of patents have no recourse when their IP is infringed by US states. Copyright owners now face the same fate, unless the Supreme Court reverses a recent 4th Circuit decision.
USTR Reports On 2018, Lays Out IP Priorities For 2019; China A Main Target 04/03/2019 by William New, Intellectual Property Watch Leave a Comment The Office of the United States Trade Representative has issued its annual report on trade relations with other nations, essentially a report on progress and problems from last year and an agenda for what’s coming this year. Multilateral approaches came in for touch criticism, and on intellectual property rights, a vigorous, repeated focus is China.
Rise Of The Machines: Experts Look At AI, Robotics And The Law 27/02/2019 by William New, Intellectual Property Watch 2 Comments NEW YORK — Artificial intelligence, robots, and the law, are all changing a rapid pace. A panel of experts at a recent event at Fordham Law School discussed latest developments and signs of the limits of the law when applied to AI areas like facial recognition, automated weapons systems, and financial technology.
WTO IP Council: Praise For Public-Private Partnerships, Use Of Competition Law To Fight High Drug Prices 18/02/2019 by Catherine Saez, Intellectual Property Watch Leave a Comment At the World Trade Organization Council for Trade-Related Aspects of Intellectual Property Rights (TRIPS) – which met on 13 February and finished in one day – discussions on IP and innovation, and IP and the public interest delineated points of views but also provided concrete examples of successful use of public-private partnerships, and use of competition law to prevent excessive pricing.
Agreement On SPC Manufacturing Waiver Reached, Benefitting EU Generic, Biosimilar Industry 14/02/2019 by David Branigan, Intellectual Property Watch 2 Comments The European Council reached a political agreement today on the SPC Manufacturing Waiver, which will allow the manufacture of generic and biosimilar medicines in the European Union for export and stockpiling during the period of extended patent protection provided for by the EU. This waiver will enable EU generic and biosimilar industries to benefit from sales outside the EU where patents have already expired, and to prepare to provide the EU market as soon as the extended period of patent protection ends.
Malaysia Still Under Pressure To Make Hepatitis C Medicine More Expensive 13/02/2019 by William New, Intellectual Property Watch Leave a Comment The government of Malaysia continues to face pressure from the United States pharmaceutical industry and potentially the US government to undo an action taken to make a key hepatitis C medicine more affordable in the country. Now Médecins Sans Frontières (MSF, Doctors Without Borders) has weighed in to defend the government’s right to use a patent flexibility in global trade law that allows them to take such actions on behalf of their citizens.
TRIPS Council To Look At IP And The Public Interest, Business Interest 11/02/2019 by William New, Intellectual Property Watch Leave a Comment The World Trade Organization is the prime gathering point for the world’s governments to discuss and negotiate on policies of the day. A decades-long swinging pendulum within the WTO’s committee on trade and intellectual property is IP’s contribution to innovation and economy and its contribution to the public interest. At its meeting this week, the committee will feature discussions on both.