Category Contributors

Interplay Between Inter Partes Reviews (IPRs) And ITC Section 337 Proceedings

Since the passage of the America Invents Act (“AIA”) in 2011, Inter Partes Reviews (“IPRs”) before the Patent Trial and Appeal Board (“PTAB”) have assumed growing importance in patent litigation in federal district courts. Until recently, IPRs have not played a significant role in International Trade Commission (“ITC”) Section 337 investigations. While the ITC is unlikely to stay a Section 337 investigation, pending IPRs will likely have an increasing impact at the ITC, especially when an IPR proceeding reaches an advanced stage before or during the pendency of a Section 337 investigation. This article examines the limited interplay to date between IPRs and Section 337 proceedings and discusses potential implications for future investigations.

Enlisting Government Help To Protect Your Trade Secrets

“I’m from the government and I’m here to help.” Yeah, right.

Most businesses think protecting their intellectual property is their own responsibility, and it is. But what about when your intellectual property rights are violated by an evildoer? Who are you going to call?

The Changing Perspective Of Well-Known Trademarks In India

The innovative advertisements of famous trademarks we come across remind us of the image they have created in our minds and the quality of the respective products or services they reflect. Millions are spent by the owners of such marks to build their reputation and maintain their popularity in this competitive globalised world.

Amendment To The Polish Reimbursement Act For Medical Devices: Challenges For The Market

The Polish Ministry of Health has commenced consultations on an amendment to the act on reimbursements for drugs, foods intended for particular nutritional uses and medical devices. This bill envisions an entirely new system of refunds (full and partial), fixed maximum prices and fixed maximum margins for medical devices based partly on HTA, similar to the system currently in place for pharmaceuticals. The current wording leads one to believe that gradually all groups of medical devices could be introduced into this system. If the amendment is passed in the current shape, it has the potential to transform the medical devices market in Poland.

A Review Of ‘Standard Essential Patents Within Global Networks – An Emerging Economies Perspective’ By Dieter Ernst

By Roya Ghafele, OxFirst - Dieter Ernst’s study is one of the few, if not the only one, to thoroughly examine the role, function and effects of Standard Essential Patents from a developing country’s perspective. As such, the study is a refreshing read, given that the discourse on Standard Essential Patents and the FRAND (fair reasonable and non-discriminatory) regime is pretty much driven from a developed country’s point of view.

Argentinian Copyright Office Proposes To Add Exceptions And Limitations To Copyright Act

On 12 December, the Argentinian Copyright Office and the Ministry of Culture invited a group of stakeholders, among which was this author, to discuss the final draft of the Exceptions and Limitations Bill (Proyecto de Ley de Excepciones) to modify current Copyright Act no.11.723 of 1933. One wonders whether it would be better to draft from scratch a modern Copyright Act instead of patching up the old 1933 Act. Nevertheless, the bill is welcomed. Argentina, as this author has already expressed, has one of the most restrictive copyright laws in the world (see Propuestas para ampliar el acceso a los bienes públicos en Argentina – Estableciendo el necesario balance entre derechos de propiedad intelectual y dominio público, Maximiliano Marzetti, Buenos Aires, 2013).

New Policies On Technology Transfer In China: Granting More Autonomy To Universities

According to a recent circular released by the Chinese ministries of education, and science and technology, universities established by the state have autonomy in technology transfer (see the original news here). Unless the scientific and technological achievements concern national security, national interests, and major public interests, it is unnecessary to report to the ministry of finance or management department. All income gained from the technology transfer belongs to the universities.

In Search of Evidence: The IP Statistics For Decision Makers Conference (IPSDM) 2016

The annual “Intellectual Property Statistics for Decision Makers Conference” took place in Sydney, Australia on 15-16 November. After Vienna last year, the Organisation for Economic Co-operation and Development (OECD) as the key initiator organised the landmark forum this time with the Australian Government through its national intellectual property office, IP Australia. In this environment where the Australian economy could recently mark its 25 years of continuous growth and where the government just launched a new “National Innovation and Science Agenda” in the form of a new tax reform package, we could follow panel discussions and speeches about how empirical evidence can be gained for innovation.

Freedom To Utilize Genetic Resources? The Nagoya Protocol Two Years Later

At its second anniversary, the Nagoya Protocol is ushering in an international access and benefit-sharing (ABS) system that may impact the freedom to operate with genetic resources. Those who utilize genetic resources and information should understand the emerging framework and take actions to reduce the risk of patent invalidation, legal liability and reputational harm that may flow from a violation of ABS requirements, writes Bruce S. Manheim.