Original news and analysis on international IP policy
The United States Chamber of Commerce this week released a letter urging the US government to take a series of steps to boost jobs in America, including passing controversial legislation to allow the US to unilaterally crack down on international websites it deems to be in violation of US intellectual property rights. But not everyone agrees this is the best approach.
Efforts to modernise Britain’s creaking copyright regime sped up over the summer as the government accepted recommendations for major changes to the system, Parliament opened an inquiry into the matter, and the Intellectual Property Office said updating the rules could significantly boost the UK economy.
The annual summer shuffle of the mission staff in Geneva has been particularly active this year for those with responsibility for intellectual property rights, with several key diplomats packing their bags, and new ones arriving.
Luis Carlos Wanderley Lima, funcionário sênior responsável pela política brasileira que expressa a opinião do Ministério da Saúde no referente à análise de pedidos de patente que possam ocasionar um impacto na saúde pública, renunciou recentemente em protesto contra as modificações na mencionada política. Em uma sessão de perguntas e respostas com a Intellectual Property Watch, ele conversou com relação a sua decisão.
Luis Carlos Wanderly Lima, a senior official responsible for Brazil’s policy of giving a voice to its health ministry in the examination of patent applications with potential impact on public health, recently resigned in protest about changes to the policy. In a Q&A with Intellectual Property Watch, he discussed his decision.
Across the world, the Caribbean is renowned for its unique flavors in music and entertainment, its beaches, cricket, and its commonly acclaimed fun and sun. While these are well-deserved, and are sources of just pride, this common perception provides foliage which bars the examination and explanation of the real problems and needs in intellectual property in the Caribbean, writes attorney Abiola Inniss.
Preparing patents is both a science and an art. The science is often easy to recognize, if not always easy to understand. The art of properly expressing that science in the words of a patent claim is harder to evaluate and is more often overlooked, yet is crucial to the value of the patent, write Heather J. DiPietrantonio and Edmund J. Walsh.
The third amendment of Patents Act 1970, in 2005, was a major breakthrough for Indian IP practice in patents. The current crop of judicial decisions, discussed in this note, has initiated the need to have a critical mass of judicial precedents streamlining law and rules governing patent practice in India, writes Kamakhya Srivastava.
Gilead's recently announced ARV licenses to the Medicines Patent Pool, although positive in some respects, still unreasonably limit the geographical access of key middle-income countries and restrict the sourcing of APIs and products to Indian companies, meaning that both generics companies and excluded countries will need to make strategic decisions to bypass the defects in the licenses, writes Brook Baker.
Chief Judge Paul R. Michel (Ret.), of the U.S. Court of Appeals for the Federal Circuit, saw hundreds of patent cases during his distinguished career and has a unique position from which to view and offer advice on efforts in the US Senate and House of Representatives to agree on changes to domestic patent law. Intellectual Property Watch recently had the opportunity to interview Judge Michel on prospects for substantive patent reform in the US, the effect on future cases involving domestic and foreign patents, likely constitutional challenges, and the "non-problem" of non-practicing entities.
India has at least seven diverse intellectual property (IP) legislations related to protection already in place. Its focus should therefore arguably be directed - along the lines of many other IP jurisdictions - on more stringent enforcement modus operandi of the IP rights. Is there scope for introducing yet another IP legislation – the utility model protection law - in the Indian IP landscape and if so, what should be its scope and implication, asks Swarup Kumar.
Civil society groups say a leaked document from regional free trade negotiations between countries bordering the Pacific Ocean shows the United States favouring giant pharmaceutical companies at the expense of public health. Separately, the tobacco industry is allegedly also trying to push for a clause to prevent plain packaging.