Category Features

Interviews: What Protection Of Traditional Knowledge Means To Indigenous Peoples

World Intellectual Property Organization member states in July concluded the biennium work of the committee tasked with finding agreement on international legal tools to prevent misappropriation and misuse of genetic resources, traditional knowledge and folklore. Indigenous peoples and local communities are holders of a substantial part of this knowledge and are demanding that it be protected against misappropriation but also against its use without their consent. Intellectual Property Watch recently conducted two interviews on the issue with different indigenous groups.

What Does WTO Extension For LDCs To Enforce IP Mean For Pharmaceuticals?

The recent extension granted by World Trade Organization members to least developed countries giving 8 more years to implement international intellectual property protection rules threw a shroud of confusion over a parallel WTO waiver for pharmaceutical products conferred on least developed countries until 2016. In an attempt to shed some light on the issue, several experts were asked for their reflections on the consequences of the new extension.

United States Confounded By Standard-Essential Patents

The United States is in a muddle over standard-essential patents. The nation’s courts and its executive agencies all agree that these patents play vital roles in the economy, but they disagree about what remedies are available when these patents are infringed. A recent decision by the US International Trade Commission has added to the confusion.

Motorola vs. Microsoft And The Future Of FRAND

Andrew Updegrove discusses the handing down by Justice James Robart of a 207-page opinion in a closely-watched dispute between Motorola and Microsoft, involving several patents that Google later acquired (along with the rights under the lawsuit) when it purchased Motorola Mobility. In that opinion, Robart sought to determine what, under all relevant circumstances, Google could fairly and reasonably charge Microsoft to infringe upon the essential claims in question when (for example) it builds and sells an Xbox.

WTO: Technology, Emerging Economies, Demographics – Drivers Of Change In World Trade

The landscape and nature of world trade are changing, and quickly, according to the latest World Trade Report published by the World Trade Organization. Technological innovation, shifts in production and consumption patterns, and demographic change are said to be the primary factors that will shape the future of world trade and the global trading system, the report found.

Push For “March-In Rights” To Prevent Myriad From Asserting Patents On Cancer Test

Despite last month’s United States Supreme Court decision on a case involving Myriad Genetics, which struck down some of Myriad’s patents related to human genes, Myriad has filed infringement suits against two companies that had announced they would begin offering lower-cost tests for the breast cancer genes in question.

Transitions In The Global IP Community

Just as the world of international intellectual property law and policy is ever-changing, so are the faces within it. Below you will find an updated list of the latest people news and IP moves across international organisations, national and regional governments, nonprofit organisations, and the private sector, from the first half of this year.

Arabic TLD First To Go Live; Who Does What In Multi-Stakeholder Internet Self-Governance

شبكة , the Arabic word for “web” or “network”, the Russian words for “online” and “network” and and the Chinese word for “game” is one of the first new top-level domains ready to go live after the Internet Corporation for Assigned Names and Numbers (ICANN) signed four contracts during its opening session in Durban, South Africa (14-18 July). Despite what might be seen as emblematic of a “greater” ICANN, discussions in Durban this week continue on discrepancies between local law and ICANN contracts. They also continue on the very functioning of the private multi-stakeholder model for self-regulating the name space itself.

Micro Entity Status For Universities And AIA Rulemaking On Power Of Attorney

The authors write: "The US Patent and Trademark Office recently introduced a discounted “micro entity” rate on official fees for qualifying universities. Unfortunately, recent changes in the USPTO’s rules on applicants and powers of attorney hinders a qualifying university from benefiting from the micro entity discount. Here, we explain how the rules on micro entity status, applicants, and powers of attorney conflict with each other and offer suggestions for taking advantage of the micro entity discount without running afoul of the rule changes."