Original news and analysis on international IP policy
Patents will soon receive less protection in the United States. That’s the view of many experts who have been closely following Microsoft Corp. v. i4i Ltd. Partnership, which will be argued before the United States Supreme Court later this year.
The year 2010 was a turbulent year for intellectual property law in the United States, and 2011 promises more of the same. The following are some of the top US IP developments to watch in the coming year.
中国政府认为自己的行动符合其公民的最佳利益。它正在规范互联网，以保护其人民不受色情和其他令人生厌内容的危害。然而，批评者声称，中国大幅限制大陆居民可以网上观看、听闻和言论的东西，因此犯了审查过分之过。
China’s government says it is acting in the best interests of its citizens. It is regulating the internet in order to protect its people from pornography and other objectionable content. Critics, however, assert that China is guilty of wide-ranging censorship, drastically limiting what mainland residents can see, hear and say online. Moreover, according to a growing chorus, this online censorship violates World Trade Organization rules.
The United States Supreme Court yesterday handed down an important patent law ruling. By a narrow 5-4 vote, the court held in Bilski v. Kappos that business methods are patentable under US law. But the court provided only limited guidance on how to determine which business methods (and other types of inventions) are indeed patentable.
The European Court of Justice’s recent ruling in Google v. Louis Vuitton Malletier SA has been hailed a major legal victory for Google and other search providers. That, however, is only part of the story.
Il s’agit d’une utilisation peu conventionnelle de la loi sur le droit d’auteur, mais si Omega SA gagne son procès devant la Cour suprême des États-Unis, le célèbre horloger suisse aura conçu une nouvelle arme puissante contre l’importation de produits du marché gris sur le sol américain.
2010 could be a big year for intellectual property law in the United States. Five cases now working their way through the courts may bring major changes to the country’s patent and copyright laws, affect hundreds billions of dollars in commerce, and enable a revolutionary new use for the internet.
It’s an unconventional use of copyright law. But if Omega SA wins its case before the US Supreme Court, the famous Swiss watch company will have established a powerful new weapon against grey market goods in that country.
For years, the United States has taken an expansive position on the types of inventions that are patentable. Software, medical tests, and business methods - for example - have all been granted patents. But that is likely to change when the US Supreme Court hands down its decision in Bilski v. Kappos, according to most members of a 19 November panel, Patentable Subject Matter After the Bilski Oral Argument, hosted by American University Law School and the Federal Circuit Bar Association.
Authorities in the European Union and the United States have recently taken a tougher stance against reverse payments - patent settlements whereby, according to many competition experts, dominant drug companies buy off potential rivals.
去年10月，一家美国上诉法院极大地改变了美国的专利法，从而在就何种发明能够受到专利保护这一问题上采取的做法更接近其他国家的标准。联邦上诉巡回法庭（Federal Circuit Court of Appeals，经常被称为美国的“专利法庭”）撤销了自己基本判例，并大幅减少了符合专利保护各类方法和程序。该判决使数千个专利前途未卜，其中就包括许多商业方法专利和金融方法专利。