Intellectual Property Watch

Intellectual Property Watch

  • Joined: 11/11/2009
  • Articles: 422

Intérêt de l’entreprise et choix stratégiques : les licences concédées par Gilead au Medicines Patent Pool

Bien que Gilead ait apporté des améliorations considérables à ses précédentes licences volontaires portant sur des médicaments antirétroviraux essentiels, les licences que l’entreprise a concédées au Medicines Patent Pool, fondation créée par UNITAID, comportent des restrictions regrettables qui fragilisent leur impact sur l’accès à des antirétroviraux génériques de qualité garantie plus abordables dans les pays en développement.

Out Of A Dilemma: Banning The Non-Violation Clause Under TRIPS

The non-violation nullification of benefits is a clause that could be used if a WTO member deems that another member’s actions caused an unexpected loss of benefits, even if there is no violation of a WTO agreement. Developing countries are wary of this provision and the moratorium on its use under TRIPS is up for debate and probable renewal at the WTO Ministerial Conference in Geneva this week, writes Daniele Dionisio.

Brazil’s Leaked Copyright Reform Draft Bill Shows Latest Thinking

Another chapter of the Brazilian copyright reform is out. The third version of the draft bill leaked a few days ago to a major newspaper in the country, and a handful of academics had access to it, writes Pedro Paranaguá.

A Clatch Of Copyright Cases At The Supreme Court of Canada

A “clatch” is another word for “brood”, which is a not inappropriate word in the present circumstances – considering that Canada’s highest court will hear five (yes, five!) cases on December 6 and 7, 2011 that all emanate from Canada’s Copyright Board, writes Howard Knopf.

Post-Grant Oppositions Under US Patent Reform

On September 16, 2012, the post-grant review process in the United States will change to closely resemble the opposition procedures in Europe even down to the same nine-month window after grant to oppose. With these new changes going into effect in less than a year, it is important for practitioners to use this time to become familiar with the new procedures and processes, writes Michael Siekman.

The Mad Hatter In Wonderland: South Africa’s New TK Bill

So, the Department of Trade and Industry (“DTI”) has finally gone ahead and done it. It has caused the South African Government to pass the Intellectual Property Laws Amendment Bill (the so-called “Traditional Knowledge Bill”) despite vociferous objections from all quarters. It has rushed headlong into terrain where no angel would venture through acute trepidation. It has entered Wonderland and assumed the role of the Mad Hatter, writes Professor Owen Dean.

Plurilateral Trade Agreements Lack Protections For Users, Intermediaries

The role of online intermediaries in copyright enforcement is on the international negotiating table in recent plurilateral trade agreements. Those negotiating with the US would be advised to examine carefully what is being offered, writes Margot Kaminski.

How To Respond To A Cease & Desist Letter

US companies are generally known to be much more litigious than non-US companies. Thus, if you are a non-US company looking to enter the US market, it is prudent to understand the nuances of responding to a cease and desist letter. While cease and desist letters can be upsetting and sometimes confusing, there are a series of steps that companies can take to be better prepared in the event that they do receive one.