Expert Group Meets Ahead Of This Week’s WIPO Genetic Resources Negotiations 22/06/2018 by Catherine Saez, Intellectual Property Watch Leave a Comment An expert group is meeting Sunday at the World Intellectual Property Organization, on the eve of a weeklong session of the WIPO committee on genetic resources and traditional knowledge. The expert group will address the most divisive issues in the discussions of the committee in charge of finding solutions to protect genetic resources, traditional knowledge and folklore against misuse and misappropriation.
On Questionable Legal Basis, US Court Expands Range Of Patentable Inventions 21/06/2018 by Steven Seidenberg for Intellectual Property Watch Leave a Comment For more than a decade, the United States has been making it harder to obtain patents. A series of court rulings have steadily restricted the types of inventions that are patent-eligible. The tide, however, may be now turning. The Federal Circuit’s recent decision in Vanda Pharmaceuticals v. West-Ward Pharmaceuticals has opened the way to many future patents on biotech and personalized medicine. The ruling is a big step forward for the biotech and medical industries, and perhaps for patients seeking better medical care. But there’s a catch. Vanda could be overturned because it conflicts with the US Supreme Court’s 2012 decision in Mayo Collaborative Services v. Prometheus Laboratories.
Rethinking Article III Standing In IPR Appeals At The Federal Circuit (US) 18/06/2018 by Intellectual Property Watch 1 Comment If the Federal Circuit will not correct its misplaced jurisprudence, then it is time for the Supreme Court to correct course, and bring into line the Federal Circuit’s IPR standing to appeal jurisprudence, with the Supreme Court’s (and other Circuits’) more forgiving law of allowing petitioners whose petitions are denied, to challenge such denials, particularly when Congress has set forth reasonable conditions, like Section 319, upon which such challenge is to occur, write Charles Macedo, Chandler Sturm, and James Howard.
Deference, Not Delegation! – WIPO PCT Negotiations 17/06/2018 by Intellectual Property Watch 1 Comment A new PCT Proposal seeks to amend the PCT Regulations so as to provide Member States to enter into a voluntary or opt-in arrangement that would allow such Member state to ‘outsource’ it’s patenting mechanism to another country/ regional treaty office even if it is not a member of such regional treaty. However, a patenting office with a full-fledged examination cadre acts a core component in capacity building for the Member State and serves to protect against imposition of TRIPs plus provisions by being an active part of the national policy discourse. Instead of opting in for full-fledged ‘outsourcing’ of their patenting function, it may be a better idea (in the long term) to develop their internal patent office cadre, develop appropriate IP policies best suited to their stage of development and at the same time, giving deference to the patenting decisions of like-minded countries. Developing countries will stand to benefit more by showing deference to decisions of like countries, rather than delegating the power to make those decisions. By granting a Contracting state the power to grant and reject patents of another State, this proposal could tantamount to introducing substantive patent law provisions through the backdoor: an endeavour to harmonize substantive patent law that the WIPO has failed to achieve over the years.
Countries Discuss Prospect Of Plurilateral Agreement On Genetic Resources Protection 14/06/2018 by Catherine Saez, Intellectual Property Watch 2 Comments Faced with a longstanding lack of progress at the World Trade Organization and the World Intellectual Property Organization on the protection of genetic resources and traditional knowledge, some developing countries are examining the possibility of moving outside the multilateral system toward a plurilateral agreement with like-minded countries. During an international conference last week, panellists pondered the prospects of such an option.
Former Munich Mayor Warns Against Negative Effects Of City’s Re-Migration To Microsoft 12/06/2018 by Monika Ermert for Intellectual Property Watch 1 Comment The former mayor of Munich, Christian Ude (Social Democratic Party), clashed with the new head of IT of the Bavarian capital over the city’s re-migration from Linux to Microsoft at an event organised by the Green Party yesterday.
Major Emerging Economies Push To Revive Discussions On Genetic Resources Misappropriation At WTO 12/06/2018 by Catherine Saez, Intellectual Property Watch Leave a Comment Efforts by developing countries to prevent the misappropriation of genetic resources and traditional knowledge have thus far been fruitless at the World Trade Organization. In particular, discussion on the relationship between the rules of the Nagoya Protocol on access and benefit-sharing and the intellectual property trade rules are going nowhere. In this context, India, supported by other major developing nations, initiated a two-day conference recently in order to look at ways to unlock the situation.
IP, AI, Health Commitments Mere Footnotes In Quarrel Between G6 And Trump? 11/06/2018 by Monika Ermert for Intellectual Property Watch 1 Comment Leaders at the G7 Summit tried to mitigate tensions by taking on some US favourites in their final communiqué like “forced technology transfers,” a topic brought up only recently by the United States at the World Trade Organisation. Forced technology transfers, according to US diplomats, are licensing and administrative rules entertained by China to oblige foreign firms to share technology in exchange for gaining access to the Chinese market. They also had sought to agree on a vision for artificial intelligence, a range of health issues, and foreign cyber interference with elections.
US Section 301, China, And Technology Transfer: Law And Its Limitations Revisited (Again) 07/06/2018 by Intellectual Property Watch 3 Comments Frederick Abbott writes: On 20 May 2018, US Treasury Secretary Mnuchin announced that the US and China were “putting the trade war on hold” while the two countries seek to “execute the framework” of a broad agreement intended to reduce the US trade deficit in goods with China. According to the joint statement issued on 19 May 2018, “Both sides attach paramount importance to intellectual property protections, and agreed to strengthen cooperation. China will advance relevant amendments to its laws and regulations in this area, including the Patent Law.”
TRIPS Council Debates IP Improving Lives, Competition Law To Increase Medicines Access 07/06/2018 by Catherine Saez, Intellectual Property Watch 1 Comment Whether intellectual property rights are improving lives or whether they should be reined in by tools such as competition law to increase access to medicine, education, and innovation, was debated this week at the World Trade Organization committee on intellectual property. Also on the agenda was a suggestion by least-developed countries to create incentives for developed country companies and institutions to transfer technologies for the benefit of the poorest countries.