Category Features

At Internet Governance Forum, Developing Countries Explain Need To Tread Carefully On E-Commerce Policy

Who does not like to have the possibility to shop online, or benefit from online services? No one disputes the advantage of the digital age, but in a world in which a very small number of actors, such as Google and Facebook, hosted by rich countries, reap most of the advertising benefits, developing countries are wary of binding rules which would only serve to enhance the digital and economic divide, according to speakers on an opening panel today at this week’s Internet Governance Forum.

Intellectual Property Rights In Trade – To Be Rethought?

After two decades of intellectual property regimes in trade agreements, one could have some second thoughts, according to a number of panellists at the Trade and Sustainable Development Symposium, organised by the International Centre for Trade and Sustainable Development (ICTSD) and held alongside the 11th World Trade Organization Ministerial in Buenos Aires, Argentina this week.

Obviousness In The Wake Of Arendi

Since the U.S. Court of Appeals for the Federal Circuit issued its opinion in Arendi S.A.R.L. v. Apple Inc. last August,[1] many patent commentators have asserted that the decision marked a significant change in the analysis of obviousness under 35 U.S.C. § 103, especially as a weakening of single-reference obviousness grounds. Notwithstanding this decision, petitioners and the Patent Trial and Appeal Board have continued to rely on single-reference obviousness to assert and find that claims are obvious, write Amy Simpson and Kyle Canavera.

WIPO Delegates Told Patent Information Essential, Given Revealing Data On Medicines Access and Trade

World Intellectual Property Organization patent law committee delegates heard a number of presentations this week on the relationship between patents and health, and access to medicines. The importance of patent information and accurate, up-to-date databases was underlined, particularly for procurement. The weight of intellectual property rights on the issue of access to medicines and prices and generic market entry was pointed out, but so were other factors, such as the small percentage of new drugs with added benefit, tariffs, and trade delays.

Special Feature: 5G And Standard Essential Patents In The US

NEW YORK -- A panel at the recent IP Dealmakers Forum including a US Federal Trade Commission official, a former US judge on a key patent case, and a telecommunications industry licensing expert walked through issues and prospects for the coming of the 5G next generation wireless technology. Views differed on points but panellists agreed that changes are needed to the system for standard-essential patents, including a bigger role for standard-setting organisations. Below is an in-depth account of the discussion. The discussion also included the latest state-of-play at the FTC, which currently has its lowest number of commissioners ever.

Must All Foreigners Online Comply With US Copyright Law? (Part 2 of 2)

A case now before the DC Circuit Court of Appeals, Spanski Enterprises v. Telewizja Polska, creates a legal dilemma. The court needs to find Telewizja liable for copyright infringement, or else the court will create a roadmap for pirates, enabling them to stream copyrighted works into the US with impunity. But if the court finds Telewizja committed infringement simply because the Polish company put online works that could be accessed in the US, the court will apply US copyright law in an extraterritorial manner that will create problems around the globe.

Global Biotech Industry Tests Policy Waters In Geneva

A delegation of heads of biotechnology companies visited Geneva this month to present the International Confederation of Biotechnology Trade Associations (ICBA). The ICBA was created in 2012, but is now looking to make its voice heard in Geneva and inform policy discussions, and is finding it is not easy to become an observer in some organisations. They also underlined the importance of intellectual property for the biotech sector, in particular to attract indispensable capital. The delegation sat down with Intellectual Property Watch’s Catherine Saez to talk about their Geneva visit.

EU-MERCOSUR FTA Puts At Risk Access To Medicines In Brazil, New Impact Assessment Study Finds

The European Union (EU) is currently negotiating a free trade agreement (FTA) with the four founding members of Mercosur (Argentina, Brazil, Paraguay and Uruguay), which comprises a chapter on intellectual property rights (IPR). A new round of negotiations is taking place from November 29th to December 8th in Brussels[1]. Word is that they aim to announce the closure of the agreement at the next World Trade Organization (WTO) Ministerial Conference that will be held from 10-13 of December in Buenos Aires and the clock is ticking to close all the chapters before that. The authors have conducted a study that shows the adoption of the measures proposed by the EU could put the sustainability of access to health policies in Brazil at risk, as they could sharply increase public expenditures on medicines.

Must All Foreigners Online Comply With US Copyright Law? (Part 1 of 2)

US copyright law is supposed to apply only within US borders, not to actions done in Poland. But when a company in Poland streamed copyrighted TV shows into the US, that infringed US copyrights, according to a US trial court. This decision will be upheld on appeal, experts widely expect. Such an appellate decision, however, could expand the reach of US copyright law to a problematic extent. It will be tricky to find infringement in this case without also extending US copyright law to any online content posted anywhere on the globe.

TWN – Proposed WHO Criteria On Medicines In Transit Open Door For Seizures

Geneva, 21 Nov (TWN) - A discussion document prepared by the Secretariat of the World Health Organization (WHO) proposes criteria to justify interventions with respect to medicines in transit. This document is prepared for the 6th meeting of the Member State Mechanism (MSM) to be held from 28 November to 1 December at the WHO headquarters in Geneva, writes Third World Network.