Original news and analysis on international IP policy
It’s easy to find valuable and useful patents, if you have small patent portfolios, but it can be a daunting task when portfolios contain hundreds or thousands of patents. Yet this task is critical for any business, and especially for technology companies that typically hold significant portfolios.
Countries develop intellectual property systems in different ways, and a recent conference at the World Intellectual Property Organization delved into some thoughts about, and examples of, how this is done.
The controversial ruling was perhaps to be expected. The Federal Circuit Court of Appeals doggedly hewed to its existing interpretation of patent law. Unfortunately, the court’s decision in Lexmark International v Impression Products conflicts with recent Supreme Court jurisprudence, according to many experts – thus leaving unresolved some important questions about how much control patentees can maintain over their patented products.
The new Anton Mostert Chair of Intellectual Property Law at the University of Stellenbosch in South Africa, Professor Sadulla Karjiker, has pointed a finger at the country’s Department of Trade and Industry (DTI) for being “unresponsive” to stakeholders offering their input into proposed IP legislation.
That the Indian government has been under pressure from the United States to change its patent regime is no secret among those who follow the public discourse on intellectual property rights. Now, a new controversy about India’s alleged private assurance to the US-India Business Council (USIBC) and other lobby groups that it would not invoke compulsory licensing for commercial purposes seeks to add fuel to fiery speculation about a shift in India’s policy on IPR.
This year will be the last in office for United Nations Secretary General Ban Ki-moon. A number of Eastern European candidates are being proposed by their governments to be the next secretary general. The UN Framework Convention on Climate Change, as well as the UN Environment Programme are expected to have a new head by summer. Meanwhile, chairs are actively revolving in law offices.
Despite impressive growth, the pharmaceutical sector in China still relies on generic drug production since the majority of domestic companies cannot compete with country-based foreign corporations. Currently, following WTO pressure to oblige China to comply with IP regulations, more and more patented drugs are entering the market. Unfortunately, in spite of a newly introduced IP friendly bill, a puzzling situation persists, writes Pietro Dionisio.
Whether laws enforcing transparency on costs would help curb extortionate drug prices in today’s world is hardly predictable now that pharma companies and their allies are lobbying governments to scupper any rules that would require them to disclose the real R&D costs and profits of their medicines and the rationale for charging what they do, writes Daniele Dionisio.
Intense debate, reignited by a 2012 International Telecommunication Union roundtable on rampant patent litigation and the “innovation-stifling” use of intellectual property, together with the growing lack of standards bodies' patent policies, prompted the IEEE Standards Association (IEEE) last year to revisit parts of its patent policy that had been causing some concerns, Managing Director Konstantinos Karachalios said at a 17 February Oxfirst webinar.
The changes aim to clear up some ambiguities. Perhaps predictably, however, some pushback has arisen among industries affected by the change.
The saga of fights between the President of the European Patent Office, Benoît Battistelli, and the trade union SUEPO goes on with a recent decision to fire two and degrade one member of the trade union. Demonstrations at both the Netherlands and the Munich sites of the EPO continue, and further divisions between the president and the EPO Administrative Council are being reported. Battistelli spoke with Monika Ermert for Intellectual Property Watch in January about his view of the fight and about what else he has on his plate as he had decided to continue for one more term in office.