Original news and analysis on international IP policy
The US Supreme Court agreed on 29 September to take up the question of whether the Lanham Act, which allows the US Patent and Trademark Office to refuse to register disparaging trademarks, conflicts with the First Amendment right to free speech.
A conference on clinical drug trials held today shed a harsh light on the availability and honesty of clinical trial reports. Many factors concur to possible distortion of results, speakers said, calling for more stringent obligations to provide all data for analysis. They also noted legislative efforts to tackle the issue. Speakers also pointed out a growing trend for pharmaceutical companies to conduct clinical trials in developing countries.
Heading into next week’s annual UN World Intellectual Property Organization General Assemblies, WIPO member states are considering a report from the United Nations investigations office regarding allegations of wrongdoing made involving WIPO Director General Francis Gurry. And for first time since the allegations arose, Gurry has offered his defence. Spoiler alert: he neither confirmed nor denied it but raised questions about the legality of sharing the report with member states.
In the temple of international trade and globalisation, a group of speakers called for developing countries to protect themselves against dumping of food products from developed countries.
Voluntary standards are seen by some as acting as barriers to trade, in particular for developing countries unable to meet the requirements of those private standards. At the World Trade Organization Public Forum, two panels presented two approaches, one looking at governments' role in voluntary sustainability standards, and launching a report by a multi-agency United Nations initiative on those standards. The other one focused on the challenges private standards can represent for developing countries.
Now is the time for those who want to bring new voices to the digital trade and general trade debate involving the World Trade Organization, says an adviser to a leading security think tank in Switzerland.
A lot of skepticism about global trade has arisen just at a time when there is the potential to involve large swaths of the population who were previously not able to access the international exchange of commerce.
NEW YORK – Speakers at a side event to the United Nations General Assembly last week commended a new report on access to medicines prepared by a high-level panel hand-chosen by the UN secretary general as containing fresh ideas and the potential to bring change to a longstanding problem.
Although the Trans-Pacific Partnership negotiation has raised significant concerns from civil society during negotiations, including about the intellectual property chapter, speakers on a panel during the World Trade Organization Public Forum yesterday said the agreement actually includes a positive provision on copyright, while some other free trade agreements under discussion still include stringent proposals on IP.
Patent infringers are supposed to pay damages, but the award in this case struck many as ridiculous. Some Samsung smartphones contained one or two purely decorative design elements that had been patented by Apple. But instead of paying modest damages for what many see as a tiny infringement, Samsung was ordered to pay $399 million – all the profits the company had made from its infringing phones. The Federal Circuit said it had no choice but to approve those damages; it was constrained by statute. Critics, however, said that the Federal Circuit had misinterpreted the statute. They fret the court’s error will unleash a wave of design patent infringement suits that will harm innovation, stifle competition, and empower patent trolls. Which is why so many will be paying close attention on 11 October, when this dispute comes before the US Supreme Court.
Although regional trade agreements are increasing, there is no hiding the fact that they are meeting rising resistance from the public and are difficult to negotiate. At the World Trade Organization Public Forum this week, an industry panel sought to explore how trade agreements could be linked to the WTO process, and if elements of those agreements could be taken on at the multilateral level.
The world is seeing a decline in openness in economies, the World Economic Forum said in its new Global Competitiveness Report 2016 - 2017. But WEF sees an increased role for technology, innovation and business sophistication. And the most competitive nation in the world? Switzerland again.