Year 2012

India: Balancing Public And Private Interests In The Intellectual Property Regime

NEW DELHI - In this month, there have been two court orders in India that underscore the complexities underlying the country’s intellectual property regime. Last Friday (14 September), the Chennai-based Intellectual Property Appellate Board (IPAB) which is responsible for hearing appeals on patent applications, rejected a petition by German pharma major Bayer AG, seeking a stay on an order of India’s Controller of Patents granting a compulsory licence (CL) to Indian generic drug maker Natco Pharma Limited, for a drug used to treat liver and kidney cancer.

ITU’s Line Of Defence On WCIT

The International Telecommunication Union in a press briefing Monday evening tried to dispel what it is describing as "myths and misinformation" about the upcoming World Conference on International Communication (WCIT, December 3-14 in Dubai). "Although there are many important issues before the conference, unfortunately they are not receiving the media attention they deserve due to a paranoia created by claims that ITU wants to take over the internet," Standardization Bureau Director Malcolm Johnson said.

Internet Providers, Trademarks Owners Need Collaboration And Trust, WIPO Panel Says

The responsibility of internet intermediaries in cases of intellectual property rights infringement has long been debated. Wedged between rights holders and internet users, intermediaries are asked to provide surveillance from the first and to preserve an open internet by the second. An information meeting organised by the World Intellectual Property Organization tried to gather different points of view on the role and responsibility of internet intermediaries in the area of trademarks.

America Invents Act: Another Piece Of Patent Reform Puzzle Falls Into Place

Another phase of historic patent reform goes into effect next week in the United States, as officials from the US Patent and Trademark Office tour the country, answering questions from stakeholders about forthcoming changes in patent law, thanks to the America Invents Act (AIA). The next batch of rules the USPTO is implementing for the AIA go into effect 16 September.

European Parliament Passes Orphan Works Directive

The European Parliament today passed a “directive on certain permitted uses of orphan works” with 531 in favour versus 65 opposed (11 abstentions). The directive will be a good first step toward allowing the digitisation and making available to the public of older copyrighted works that are buried in the archives and libraries of the Union because no rights holder can be located, the lead rapporteur Lidia Geringer de Oedenberg (S&D) and many supportive MEPs said.

ACTA: Will It Ever Become A Valid International Treaty?

A quiet and little-publicised ratification process might be the last hope for those pushing for international adoption of the Anti-Counterfeiting Trade Agreement (ACTA). But while the Japanese legislature managed to finalise their ratification recently, processes in several ACTA signatory states seem to be stalled. Some may ask whether ACTA will ever become an international treaty.

IFPMA Report, Panel, Examine Rise Of Industry Global Health Partnerships

A new report commissioned by international pharmaceutical industry released yesterday offers findings and recommendations based on study of 200 global health partnerships aimed at low- and middle-income countries. The report was released at a panel discussion of a range of health experts who highlighted work to date and upcoming needs in the area of global health partnerships.

How To Reboot WIPO

By this point, I’m sure the entire intellectual property community knows that WIPO has problems, from an investigation of sanctions-busting in its technical assistance programmes going back years to allegations of vote-buying through abuse of the hiring process. It harkens back to the dying days of the term of the last Director-General, Kamil Idris, who left office early under a cloud, writes Nick Ashton-Hart.

Review Of WIPO Shipments To Iran, North Korea Issued; US Calls For New Safeguards

An independent study of the World Intellectual Property Organization’s technical assistance to countries sanctioned by the United Nations was released today, and while it did not conclude whether WIPO violated UN protocol or whether there was any personal gain involved, it did raise questions as to how such behaviour could have been perpetuated from the early 2000s right up to this year.

Separately today, the United States government made a sharp statement in a members-only WIPO meeting raising concerns about WIPO’s technical assistance activities and its viability as an organisation if it does not attain “an appropriate level of oversight, accountability and transparency.” The US called for new safeguards to ensure monthly, quarterly and annual reviews of its technical assistance involving sanctioned member states, and assurances that WIPO staff can speak with risk about past activities.