Original news and analysis on international IP policy
A recent Court of Justice of the European Union opinion in Monsanto Technology LLC v. Cefetra BV et al. may unintentionally inflict serious economic harm on the European biotechnology industry, argue industry attorneys Richard Peet, Vid Mohan-Ram, and Philippe Vlaemminck.
A recent US court decision introduces entirely new questions about the balance between a transformative work and a copyright infringement. It also places the responsibility of balancing the public interest in freedom of expression against the interests of rights holders squarely in the hands of the court, writes Leslee Friedman.
Brazil is actively engaged in a cutting-edge debate over reform of its copyright law, involving issues such as the abuse of copyright holders and constructive exceptions in the law (like copying for education and/or transformative purposes and authorisation to copy by libraries and museums to preserve their works). But the government needs to hear from all interested parties - especially the artists - and avoid letting the debate transform into a political-ideological discussion, writes Brazilian lawyer Manuela Correia Botelho Colombo.
Lynn C. Tyler writes: The litigation provisions of the recently-enacted legislation establishing a pathway to bring biosimilars to market contain “patent” ambiguities in key areas, particularly whether the various lists of patents to be litigated are exclusive. Courts will have to resolve these issues over the next several years, likely at great (and unnecessary) expense and uncertainty to litigants.
The annual World Health Assembly is considering how to take forward a 2008 landmark decision at the World Health Organization that approved a new Global Strategy and Plan of Action on Public Health, Innovation and Intellectual Property. Precious Matsoso, the current director of the WHO programme, spoke to Intellectual Property Watch in April about the ongoing implementation of the strategy, and what is needed to keep momentum going.
In the United States, trade policy is generally considered an economic issue. But for developing countries like the Dominican Republic, it can be a matter of life and death, write Tanya Baytor and Patrick Griffith of Georgetown University Law Center.
2010年一月21日，中国标准化研究院1发布了《国家标准涉及专利的处置规则2（征求意见稿）》（简称《处置规则》)，向有利益关系的参与者征求意见。此《处置规则》为国家标准化管理委员会《涉及专利的国家标准制修订管理规定（暂行）（征求意见稿）》（简称《修订管理规定》)重要成分之一。3
Lassi Jyrkkiö writes: Anything one can consider as politically cool from an EU perspective, ACTA (Anti-Counterfeiting Trade Agreement, the multilateral treaty to combat counterfeiting and piracy) negotiations have got it all: the internet, the USA, large potential for media exposure and a hitherto Nixonian element of secrecy balanced by a flow of thrilling documents leaked by generous deep-throats.
The International Telecommunication Union, based in Geneva, is a 191-member United Nations body. Intellectual Property Watch recently spoke with Alexander Ntoko, a top strategist in the organisation about priorities in this critical year, inclusion of the public interest, and how convergence is bringing more issues related to digital content to the traditional telecom body.
On 21 January, 2010, the China National Institute of Standardization (CNIS) issued and requested comments from all stakeholders on its Disposal Rules for Inclusion of Patents in National Standards (Disposal Rules).
Brand name pharmaceutical companies’ concerns about profit losses related to the UNITAID patent pool might undermine access to newer and appropriate HIV medicine formulations in resource-limited settings. A universally agreed strategy to supplement UNITAID plan is therefore needed, writes Daniele Dionisio.
The recent Forest Group case decided by the United States Court of Appeals for the Federal Circuit (CAFC) has made it more financially viable for plaintiffs to sue for under the false marking patent statute (35 U.S.C. § 292). However, legislation currently before Congress, as well as another patent marking case to be decided by the CAFC in the near future, Pequignot v. Solo Cup, may level the playing field more towards defendants in such lawsuits.