Year 2018

US IP Attachés: China’s IP Policy ‘Hijacked’ By Local Interests In 2018; Bad Faith Filings A ‘Cancer’

WASHINGTON, DC – Two out of three United States intellectual property attachés based in China last week had tough words for China’s manipulation of IP policy and law over the past year, suggesting they at times “hijack” the legal process in favour of local interests, and are in a mad rush to become the world’s top patent and trademark filers regardless of quality to the point that it has become a “cancer” on the IP registration system. A third US IP attaché, however, took a friendlier and more patient view of China’s actions, downplaying concerns and urging US companies to allow it to continue.

EIFL Looks Forward To An Exciting 2019 At WIPO

Teresa Hackett, EIFL Copyright and Libraries Programme Manager, attended the 37th meeting of the WIPO Standing Committee on Copyright and Related Rights (SCCR), the global body that sets international copyright law and policy, that took place in Geneva from 26 - 30 November 2018. During a full week advocating for libraries, EIFL participated in discussions on copyright limitations and exceptions, gave presentations at two civil society organized events, and engaged with government delegates from EIFL partner countries on library issues.

At the last SCCR of 2018, the main focus for libraries was on activities in the WIPO action plan 2018-2019; civil society presented ideas for the upcoming regional seminars on limitations and exceptions, as well as views on how to fix the draft broadcast treaty.

India Proposes Expediting Patents For Women, Small Entities, Waiving PCT Fees

The Indian Ministry of Commerce and Industry from the Department of Industrial Policy and Promotion recently published draft amendments to the Patent Rules of 2003 that would expand the eligibility for expedited examination of patent applications to include women and small entities, and would waive the fees for online filing of international patent applications through the Patent Cooperation Treaty (PCT), among other changes.

Do Patent Trolls Exist? Two Studies Reach Different Conclusions (Part 2)

Two recent academic papers examine whether Non-Practicing Entities (NPEs) deserve their reputation as patent trolls – but the papers reach conflicting conclusions. As discussed in the first part of this article, a paper published by Stanford’s Hoover Institution found that 26 publicly-listed NPEs invest in R&D and do little harm to America’s high tech sector. These findings, however, are less significant than they appear. Another paper, published by Harvard Business School (HBS), found that NPEs do on average behave as patent trolls. How important – and trustworthy – are the HBS findings?

WHO Report Shows Global Progress On Influenza Preparedness Response

The World Health Organization has released a new report showing that significant progress has been made to build national and global preparedness for future influenza pandemics. This progress resulted from the collaborative multi-sectoral implementation of a WHO plan, funded by the benefit-sharing contributions of industry partners, to strengthen global health security against pandemic influenza.

“Biopiracy” On The High Seas? Countries Launch Negotiation Towards A New International Legally Binding Instrument On Marine Genetic Resources In Areas Beyond National Jurisdiction

Wend Wendland writes: Countries have begun to negotiate a new international legally binding instrument on marine genetic resources in the high seas. The negotiation is an opportunity for countries to re-think existing frameworks which regulate access to and benefit-sharing in genetic resources. Countries have divergent views on if and how IP issues should be addressed in the new instrument. Developing countries have an interest in the establishment of mechanisms for the fair and equitable sharing of benefits from research into marine genetic resources and for the transfer of marine technologies. IP issues are relevant in both cases.

EU Committees Amend SPC Manufacturing Waiver, Push Access To Generics, Biosimilars

The European Parliamentary Committees on Health and Trade have each voted in recent weeks to adopt amendments to the proposed Special Protection Certificate (SPC) manufacturing waiver, an intellectual property exception for the EU generic and biosimilar industry. The amendments include provisions that push the waiver toward increasing EU generic and biosimilar industry competitiveness in EU markets, and improving access for EU patients to affordable medicines. The waiver and amendments still have several hurdles to go, including a vote by the Legal Affairs Committee planned for January.

Four Million EU Voters Sign Call Against Upload Filters, Protection Of ‘Snippets’

Ahead of the 5th trilogue meeting on the future copyright regulation between the rapporteurs of the European Parliament, member states and the European Commission on 13 December in Strasbourg, France, copyright activists collected over 4 million signatories to a petition to amend the draft legislation. Meanwhile, a court decision in Germany today puts use of its auxiliary copyright law for press publishers in question.

Indigenous IP And Climate Change Subject Of New Book

As this week opened with a meeting of the World Intellectual Property Organization committee working on the protection of genetic resources and traditional knowledge, a new book was released that looks into indigenous rights and indigenous intellectual property, in the context of the Paris Agreement. The book also looks into Tesla’s open innovation strategy.