Category Features

India: Balancing Public And Private Interests In The Intellectual Property Regime

NEW DELHI - In this month, there have been two court orders in India that underscore the complexities underlying the country’s intellectual property regime. Last Friday (14 September), the Chennai-based Intellectual Property Appellate Board (IPAB) which is responsible for hearing appeals on patent applications, rejected a petition by German pharma major Bayer AG, seeking a stay on an order of India’s Controller of Patents granting a compulsory licence (CL) to Indian generic drug maker Natco Pharma Limited, for a drug used to treat liver and kidney cancer.

America Invents Act: Another Piece Of Patent Reform Puzzle Falls Into Place

Another phase of historic patent reform goes into effect next week in the United States, as officials from the US Patent and Trademark Office tour the country, answering questions from stakeholders about forthcoming changes in patent law, thanks to the America Invents Act (AIA). The next batch of rules the USPTO is implementing for the AIA go into effect 16 September.

ACTA: Will It Ever Become A Valid International Treaty?

A quiet and little-publicised ratification process might be the last hope for those pushing for international adoption of the Anti-Counterfeiting Trade Agreement (ACTA). But while the Japanese legislature managed to finalise their ratification recently, processes in several ACTA signatory states seem to be stalled. Some may ask whether ACTA will ever become an international treaty.

How To Reboot WIPO

By this point, I’m sure the entire intellectual property community knows that WIPO has problems, from an investigation of sanctions-busting in its technical assistance programmes going back years to allegations of vote-buying through abuse of the hiring process. It harkens back to the dying days of the term of the last Director-General, Kamil Idris, who left office early under a cloud, writes Nick Ashton-Hart.

Protection Of Geographical Indications In Russia: Is Russian Vodka A Protected GI?

For those who might be curious, the short answer is yes. For those who might be interested to learn more about the protection of geographical indications (GIs) in Russia, this article provides some insights into the Russian law that might be pertinent in light of Russia’s accession to the World Trade Organization and recent developments in the international GI law.

Divergent Approaches To Copyright Reform Emerge In Europe

Two very different views of copyright reform emerged this week, one from a report commissioned by the UK government, the other from a French citizens' advocacy group. The former envisions an intricately linked system of digital rights exchanges and databases to streamline copyright licensing, the latter broad, “non-market” sharing of protected works between individuals, among other things. Whether either approach is feasible remains to be seen, and, as always, the devil's in the details, lawyers say.

In The Spirit Of Fair Play: A Primer On IP And The Olympics

Mapping out intellectual property issues related to the Olympic Games may itself constitute an engaging exercise: trademark and design protection of the Olympic indicia; data protection of Games results; personality and publicity rights associated with sports celebrities; character rights subsisting in the Olympic mascots; unfair competition law and other legislative means to address ambush marketing and secure the interests of the Games’ exclusive sponsors. The latter appears essential for the purpose of securing the means for staging the Games and sustaining the Olympic Movement.

Innovation And The Law: Some Lessons From The Patent Wars

They’ve been at each other’s throats for three years, and there’s no end in sight. Over two dozen businesses involved with smartphones and tablet computers are suing one another for patent infringement in numerous lawsuits around the world. These patent wars have cost the companies billions of dollars, clogged the courts, and prevented consumers from buying some devices they want with features they prefer. Is this really the best way to promote innovation and competition?

Interview: Director Francis Gurry On Vision, Priorities For WIPO

In the midst of negotiations in the World Intellectual Property Organization copyright committee, Intellectual Property Watch caught up with WIPO Director General Francis Gurry on 20 July to discuss his vision and priorities for the organisation. Gurry, who took office in 2008 for a six-year term, spoke about rulemaking negotiations, popular IP infrastructure programmes, the coming explosion in trademark law, and calculating the organisation’s development expenditures.