Category Features

Recent Cases Warn Of Dangers Of Trying For Second Bite At The IPR Apple

The American Invents Act of 2011 (AIA) created inter partes review (IPR), a new opposition-like proceeding conducted at the US Patent Trial and Appeal Board (PTAB) in the US Patent and Trademark Office to challenge the validity of patent claims based on prior art patents and printed publications. Since then, conventional wisdom has advised filing a petition for IPR quickly after being sued for patent infringement, because any deficiencies or mistakes the PTAB identifies could be corrected with a second petition later on. Several recent decisions from the PTAB reveal limits to that strategy.

The Latest News In Intellectual Property From ANEPI Ecuador

Welcome to (ANEPI), the first Intellectual Property News Agency of Ecuador. The Agencia de Noticias Especializada en Propiedad Intelectual (ANEPI) publishes news, analysis, interviews, feature articles, a weekly update and more on Ecuador and the region, at http://www.anepi.ec. Articles are primarily in Spanish with some translation. Below is the list of the week's stories on ANEPI. Bienvenido a (ANEPI), La Primera Agencia de Noticias de Propiedad Intelectual del Ecuador: Síguenos http://www.anepi.ec/ANEPIEcuador

Limitations And Exceptions For Libraries, Archives And Education At WIPO: What To Know About The Africa Group Proposal

The 29th Session of the Standing Committee on Copyright and Related Rights at the World Intellectual Property Organization is currently underway. On the agenda, inter alia, will be discussions on Limitations and Exceptions to Libraries, Archives and Educational, Teaching and Research Institutions. Against the backdrop of the success with the Marrakesh Treaty, the trajectory looks set for these further exceptions and limitations to succeed.

One Bite At The Apple: PTAB Closes IPR Joinder Loophole

As a result of the America Invents Act enacted three years ago, the United States Patent Trial and Appeal Board (PTAB) now handles inter partes reviews (IPR)—a new trial proceeding used to challenge the validity of patent claims based on patents and printed publications. Recently, the PTAB has caused a split concerning the proper scope of the IPR joinder provision, which grants the PTAB discretion to join a “party” to a previously-instituted IPR. In the past, the PTAB interpreted the term “party” expansively to include petitioners for whom it had already instituted an IPR. Petitioners were quick to jump on this loophole, and have since sought to raise new arguments in an instituted IPR by filing a subsequent petition and seeking joinder with the in-progress proceeding.

Interview With Alberto Bichi, Federation Of The European Sporting Goods Industry

Alberto Bichi is secretary-general of the Federation of the European Sporting Goods Industry (FESI), based in Brussels. In an interview with Intellectual Property Watch’s Catherine Saez, he describes FESI's mission, the views of the industry on the importance of intellectual property protection, and the growing issue of counterfeiting. He also talked about the industry's concern over the current European Union customs regulation on goods in transit, which, according to him is negatively impacting the sector.

Keyword Advertising: The Next Instalment In The Interflora v M&S Saga

A few days after the first South African case to consider the issue of internet keyword advertising (Cochrane Steel Products (Pty) Ltd v M-Systems Group (Pty) Ltd & Another Case 39605/13, 29 October 2014), we had the next instalment – from the English Court of Appeal – in the dispute between Interflora and Marks & Spencer (Interflora Inc & Another v Marks & Spencer plc [2014] EWCA Civ 1403). Yes, it is, indeed, not just any dispute concerning keyword advertising. It appears that these two litigants have taken it upon themselves to definitively settle the law relating to keyword advertising, through the various judgments their dispute is yielding.

US Courts Recognise New Performers’ Rights

For performers and record labels in the United States, it is terrific news. They possess previously unrecognised rights in audio recordings, according to three recent court rulings. But not everyone is pleased about this. The decisions not only upend 75 years of US copyright law, they create big problems for broadcasters, webcasters and many other internet firms, all of whom now face hefty liability for copyright infringement.

Threats To IP Call For A Risk-Based Approach

By Pamela Passman Economic globalization and digitization of information have revolutionized business and allowed for efficiency that was unimaginable a few decades ago. The ability to share information remotely means companies can coordinate with partners remotely, integrate suppliers, track shipments…

The Caravan Has Set Out For Neo-Liberal Capture Of Global Governance

The Net Mundial initiative of the World Economic Forum represents the first time that such a corporate-led venue – although sold as multistakeholder, open, and voluntary, among others – is positioned as being 'the' mechanism for global governance in a specific sector, the Just Net Coalition writes.

WIPO’s Assistance To Developing Countries: Taking Forward The Unfinished Reform Agenda

Dr. Carolyn Deere Birkbeck writes: At this week’s Committee on Development and Intellectual Property (CDIP), WIPO Member States continue to debate next steps on the unprecedented 2011 External Review of WIPO’s assistance to developing countries. With a new Deputy Director General for the WIPO’s Development Sector due to start work this December, the prospect of new leadership also marks a time for Members to provide clear direction. They should act this week and in the coming months to set clear priorities for the Secretariat - and for themselves – that would give greater focus to the ongoing work of improving WIPO’s development cooperation activities, and to establish a mechanism for monitoring progress.