Category Features

Lessons From South Africa: Protecting Non-Expressive Uses In Copyright Reform

Matthew Sag and Sean Flynn write: This week, the South African Parliament began accepting comments on its pending Bill proposing to amend the South African Copyright Act to align it with the digital age. We and other experts and civil society organizations submitted comments praising many of the Bill’s provisions and proposing that it adopt an “open” fair use right. Here we focus on one major reason to adopt an open fair use right – to authorize so-called non-expressive uses of works. We conclude with some reflections on how international law could help in this regard.

US High Court OKs Bigoted Trademarks

When the US Supreme Court issued its decision in Matal v. Tam, trademark applicants celebrated, hailing it as a victory for free speech and trademark rights. But some trademark owners will become very unhappy about the ramifications of the Court’s 19 June ruling.

Launch Of Open Access Book On Geographical Indications In Asia-Pacific

A new book launched this week in Geneva offers a unique compilation of the challenges and promises of the protection of geographical indications (GIs) with a particular focus on countries in the Asia-Pacific region.

As Questions Mount Over Future Of IP, Geneva A ‘Particular’ Place For Global Dialogue

There are still many unanswered questions about intellectual property rights, speakers said during an academic conference last week in Geneva. Think tank analyst and author Pedro Roffe, who was the focal point of the conference, said at the event that there is “particularly in Geneva” place for dialogue about “very important and emerging” IP questions.

Where There Is A Will There Is A Way: Speakers At WIPO Event Discuss Indigenous Knowledge Protection

An event held on the side of the World Intellectual Property Organization committee on traditional knowledge meeting last week looked at ways to move discussions forward in the light of the committee’s expected renewed mandate. Speakers explored different perspectives and possible new avenues for indigenous and local communities to protect and manage their knowledge and cultural heritage, without the threat of misappropriation.

Tribute To An IP Community Influencer Brings Together IP Experts In Geneva

Inspiring, generous, humanist, nobody was short of praise and anecdotes at an event last week to celebrate the lifelong contribution of Pedro Roffe, well-known Geneva thinker and writer on intellectual property. A conference on the evolution of intellectual property, trade and development had been organised for the occasion, congregating many IP experts offering their perspective on the role of IP in fields, such as public health, innovation policy, and competition law.

Made In China: The Past, Present And Future Of Chinese IPR

Shai Jalfin writes: Conservative projections say that China will surpass the United States as the number one economy in the world by 2030, but the shift could happen as soon as next year. Either way, there’s no doubt that China has emerged as one of the most important commercial economies in the world, and businesses everywhere are vying to enter its market. However, there is a serious hurdle when foreign companies decide to take their products to China – intellectual property rights (IPR), or more accurately, the country’s lack of adequate IP protection. History shows that bringing business to China, while extremely lucrative, has also been extremely risky – but it’s a market that cannot be ignored. Here is a look at the past, present and future of IPR in China.

US Supreme Court Adopts International Exhaustion Of Patents (Part II): Addressing the New Competitive Landscape

Frederick M. Abbott writes: The US Supreme Court has created a new competitive landscape with its decision adopting international exhaustion of patents. For the pharmaceutical sector, we can expect an initial period of uncertainty as the US Food and Drug Administration (FDA) assesses the regulatory framework affected by the decision and as competing stakeholders advance their interests. In an earlier Inside Views contribution, I addressed the principal impact of the decision on the US pharmaceuticals market: downward pricing pressure.[1] This follow-on addresses some of the regulatory and access issues affected by the decision, observing that parallel trade in pharmaceutical products is a long-standing practice, that recently introduced US legislative proposals may shape the regulatory framework in the United States, and concluding with ways that access programs in favor of developing countries are protected.

US Ends Post-Sale Patent Rights

On 30 May, the US Supreme Court handed down yet another in a long series of rulings that cut back on the rights of patent owners. This time, the high court made it far more difficult for patentees to impose post-sale restrictions on the use or resale of their patented goods. The ruling should boost parallel imports into the US, increase competition throughout the American economy, lower prices for US consumers, and hurt the bottom line of many companies.

Summit: Artificial Intelligence Is Humanity-Changing, Build Safeguards Now

For artificial intelligence enthusiasts, the future is bright. Soon intelligent machines will help humankind solve most problems, and according to one speaker at an artificial intelligence summit in Geneva this week, humans will be outsmarted by robots in the foreseeable future, in an artificial intelligence bliss. For others, artificial intelligence is far from delivering a fully positive outcome, and for several United Nations representatives, such as the World Health Organization, the world should not be entrusted to robots just yet.