Category IP Policies

Opposition To Kenyan “Anti-Innovation” ICT Bill Grows

A bill introduced in Kenya’s parliament intended to streamline, govern and regulate the country’s information and communications technology (ICT) sector has been met with opposition from different quarters over fears that it could put ICT technicians out of practice and stifle the country’s innovation capacity if passed into law.

Post-Huawei v ZTE: Are FRAND Negotiations Finally More Balanced In Europe?

BARCELONA, Spain -- The Huawei v ZTE Case C - 170/13, 21 July 2015 prescribed some guidelines for fair, reasonable and non-discriminatory (FRAND) licensing negotiations, for both standard-essential patent holders and users. A recent private-sector panel addressed European FRAND case law and the latest information and communications technology industry policy opinions, in particular concerning royalty assessment rate (end-user or technology), royalty stacking, patent pool approach and injunctions.

Special Report: Union Lawsuit Claims EPO Has Prevented It From Functioning; Office Claims Immunity

Deteriorating relations between European Patent Office (EPO) management and staff union SUEPO have sparked another lawsuit in the district court in The Hague, Netherlands. The matter, which will be heard in a 15 July summary proceeding, alleges a pattern of threats, dismissals, suspensions from service and gagging of union members, said Prakken d'Oliveira attorney Liesbeth Zegveld, who represents SUEPO and its Dutch branch. Around one-third of union officials have been suspended, investigated or gagged, effectively preventing the union from functioning, she said in an interview.

The lawsuits are just part of the ongoing turmoil affecting the EPO. Reform of the Boards of Appeal (BoA) has also proved controversial, and there are concerns about the reluctance of the Administrative Council to get a grip on the staff-management battle.

The EPO said that, as an international organisation, it has immunity from such suits, as recently held by a German court. It defended its changes to the BoA, and announced an autumn conference for stakeholders to discuss an independent study on office social issues.

CETA: Ripe For Provisional Implementation In January 2018?

The European Commission on 8 July published the finalized Comprehensive Economic Canada-EU Trade Agreement (CETA) and formally proposed to Council to sign the agreement, pushing for provisional implementation amidst ongoing discussions over competency issues with EU member states. After finalising CETA in August 2014, the controversial investor-state dispute settlement (ISDS) system was renegotiated last year.

Brexit Threatens Legal Uncertainty, Higher Costs For Trademarks, Lawyers Say

Two weeks after the United Kingdom voted to leave the European Union, the potential impact of “Brexit” on patents and trademarks is becoming marginally clearer, intellectual property lawyers said in interviews and a 7 July webinar. Among other things, Brexit would delay the EU unitary patent and unified patent court (UPC) and result in great uncertainty –and higher costs -- for trademark owners, they said.

V4 Countries Launch Visegrad Patent Institute As Region’s First ISA, IPEA

With the aim of strengthening regional cooperation in intellectual property, the four member states of the Visegrad Group, which comprises Poland, Hungary, the Czech Republic and Slovakia, launched the Visegrad Patent Institute (VPI) on 1 July. Applicants will be allowed to communicate with the institutions in their respective mother tongues, and fees for Patent Cooperation Treaty (PCT) applications will be reduced by as much as 40 percent, according to Poland’s Patent Office (UPRP).