Original news and analysis on international IP policy
In an extraordinary 6 December session, the UN International Labour Organization Administrative Tribunal (ILOAT) handed down five decisions involving the European Patent Office (EPO), one of which reinstated a suspended Board of Appeals judge. The cases are just “the tip of the iceberg,” said the Staff Union of the EPO (SUEPO).
VCAST, a UK company that makes available to its customers internet retransmissions of Italian television programmes stored in the cloud, must obtain right holders’ consent first, the Court of Justice of European Union (CJEU) ruled on 29 November.
The European Commission today announced plans to ratchet up the fight against counterfeiting and piracy, and to introduce more clarity in licensing standard-essential patents (SEPs). The first involves guidance on the 2004 EU directive on the enforcement of intellectual property rights (IPRED); the second recommendations for making the relationship between patent owners and technology users more “balanced and efficient.”
Outgoing European Patent Office President Benoȋt Battistelli has proposed a new “employment framework” that includes fixed-term contracts for patent examiners, reigniting anger among staff members already in a tense relationship with management. There is also concern that Battistelli’s apparent push – which the EPO denies - for more products (defined as prior art searches and proposals for patent grants) is hurting patent quality.
“There are shameful access disparities around the world” to life-saving medicines, Harvard University Global Access in Action project Co-Director Quentin Palfrey said at a 26 September Center for Strategic and International Studies event in Washington, DC. And while some of the challenges to fuller access involve pricing, getting medicines to poorer countries or populations means overcoming the obstacles of insufficient research and development (R&D) incentives, access barriers and polarised politics, he said.
The United States Supreme Court recently agreed to hear arguments in Oil States Energy Services v. Greene’s Energy Group, a case involving a patent on a device used for hydraulic fracturing (fracking). After the patent was granted, Greene’s petitioned for, and was granted, an “inter partes review (IPR)” by the US Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB). After losing at the board, Oil States asked the high court to determine that IPR, which is used to analyse the validity of existing patents, is unconstitutional because it takes away private property rights by denying Art. III jury trials.
Governments and the private sector must work more closely together in the area of technology and innovation to make the United Nations Sustainable Development Goals (SDGs) a reality by 2030, government and major tech company officials said at today’s UN high-level event in New York. Today’s development problems won’t be solved with yesterday’s solutions but by all stakeholders – governments, civil society, youth, businesses and academia – working together, said General Assembly President Miroslav Lajčák. Everyone must have “fair access to technologies and innovations” and to training, he said.
With a vote in the lead European Parliament committee imminent on European Commission plans to revamp copyright rules, industry stakeholders, digital rights activists and even some EU member states are troubled by various legislative amendments and EU Presidency compromise proposals.
“Despite their economic importance, and in particular their role in protecting returns from innovation, trade secrets are poorly studied and their relationship with patents is often misinterpreted,” the EU Intellectual Property Office (EUIPO) said in a study published this month. It used a survey of around 200,000 companies in Europe's manufacturing and service industries to determine what factors influenced their choice between patents and trade secrets, as well as their overall use of both mechanisms. The results could help policy-makers, the Office said. It also holds out opportunities for innovative lawyers and intellectual property firms, said one IP management consultant.
The European Patent Office is seeking a successor to President Benoît Battistelli, whose term ends in June 2018. Will a new chief and new Administrative Council (AC) chairman be able to resolve the never-ending turmoil between management and staff?
European Patent Office employees, fed up with a series of reforms proposed by President Benoît Battistelli, have called “Respect Staff” strikes on 30 June and 3 July in all European Patent Office locations - Munich, The Hague, Berlin and Vienna.
The Unified Patent Court (UPC) in Europe was previously expected to open for business in December 2017 but that timeline has now slipped.