Year 2013

Movers And Shakers In The IP World Jostle For Influence

Just as the world of international intellectual property law and policy is ever-changing, so are the faces within it. There’s a new head of the US Commerce Department who has a bold, IP-friendly agenda coming up, and there’s a hole at the helm of the USPTO. The British Prime Minister named an entertainment industry-friendly IP advisor, while Twitter has formed its own PAC and hired its first lobbyist as the social media platform continues to rise in both use and influence. Law firms in the US are bolstering their IP practices, recognising that it’s these issues that spur action most in Congress. Read the latest edition of the IP-Watch People column for an updated list of the latest people news and IP moves.

European Commission Floats Proposal To Stop Theft Of Trade Secrets

The rise of cybercrime and industrial espionage, including alleged economic spying by the US National Security Agency, calls for a pan-European system to protect trade secrets, the European Commission said on 27 November. A recent survey showed that one in five European companies has suffered at least one attempt to steal its trade secrets in the past 10 years, the EC said, and the numbers are rising. It proposed legislation to safeguard undisclosed know-how and business information against unlawful theft and abuse. Industry generally hailed the proposal, though one law firm said it lacks some enforcement teeth.

USTR Says Its TPP Proposal On IP And Public Health Shows Flexibility

The Office of the United States Trade Representative (USTR) yesterday issued a statement on the status of the Trans-Pacific Partnership trade agreement talks on intellectual property rights and public health, suggesting that it has put forward new ideas on the issue. The statement is worded to reflect that USTR has heard the concerns of other governments and of public health advocates, but it's unclear if those groups will accept it.

EU Commissioner Defends Investor-State Provisions; NGOs Propose “Alternative Trade Mandate”

European Union Trade Commissioner Karel de Gucht today (27 November) defended the inclusion of an investor-state dispute settlement provision in the Transatlantic Trade and Investment Partnership (TTIP). De Gucht argued the out-of-court settlements allowing private sector to sue governments were necessary because the TTIP would not per se give EU companies a standing in US courts.

BRICS Launch Their Own Plan For IP Cooperation; India Defends Itself

Developing countries have been under pressure for years to join the global intellectual property system established by developed countries, and they have been doing so gradually. But now the leading emerging economies have taken matters into their own hands and signed an IP cooperation roadmap among themselves that will boost their uptake of IP in a way that is most favourable to them.

US Supreme Court Questions America’s Power To Carry Out Treaties

On 5 November, the United States Supreme Court heard oral arguments in a case that could undermine America’s ability to carry out its treaty obligations. The case casts a shadow over the country’s power to implement a wide variety of international agreements, including trade and intellectual property agreements.

Medical R&D Projects Proposed By WHO Regions Show Diversity

The regions of the World Health Organization earlier this month submitted their proposals for projects to boost research and development of health technologies for diseases disproportionately affecting developing countries and lacking a market incentive. A shortlist of projects will be selected by a group of WHO-chosen experts at a 3-5 December meeting in Geneva.

Global Patent Harmonisation Proceeding Outside WIPO – And Gently Within

For years, the developed countries that own the vast majority of the world’s patents - and therefore pay the majority of the revenues of the World Intellectual Property Organization – have looked unsuccessfully for a way to increase harmonisation of the global patent system through the UN agency. Developed countries have moved forward on their own, while WIPO is taking a gentle approach, encouraging member states “look below the headline issue” to a more “granular” level.