Original news and analysis on international IP policy
The third amendment of China's patent law will enter into force from 1 October, 2009. In this article, Wenting Cheng explores the major changes in substantive requirements for patent grant, post grant enforcement and adaptation of Chinese patent law to international norms on the protection of intellectual property.
The World Trade Organization has issued an arbitration report in a dispute between the United States and Brazil over US cotton subsidies, giving Brazil the right to use trade countermeasures against the US, and in certain circumstances to suspend intellectual property obligations.
Senior officials from well over 100 nations at a five-day United Nations conference on Thursday issued a succinct declaration committing them to establish a global framework on the delivery of products and services related to climate change. But earlier negotiating versions of the declaration from the week obtained by Intellectual Property Watch show substantive disagreement and the removal of pages of draft text.
The Obama administration on Thursday announced several key changes related to intellectual property rights and trade.
A website providing unlimited music and movies for a token price is seeking to take advantage of a 2007 World Trade Organisation ruling between the Caribbean nations of Antigua and Barbuda and the United States, which granted Antigua the right to suspend some US intellectual property rights obligations. The action raises questions about implementation of cross-retaliation rulings, in which the complaining country can seek damages in a different sector than that in which the harm was incurred.
A recent lawsuit involving patents on human genes related to cancer brought against the United States patent office, a biotechnology company and a foundation has attracted international attention to the issue of gene patenting, and on 27 August a group of influential associations voiced their opposition to such patents.
Undeterred by two previous decisions by Indian authorities holding that under Indian Patent Law, its leukaemia drug - Gleevec is not patentable, Novartis now wants to take the fight to the Indian Supreme Court. Meanwhile, also this week, sources say Indian authorities rejected applications for patents on two HIV/AIDS drugs, opening the way for cheaper generic versions to be developed and marketed.
Scientists and bureaucrats meeting this week on climate change and weather data are struggling to move global discussion past general declarations of recognition and commitment to address environmental change. One bump under the rug at the United Nations conference is rights over environmental technologies, and a new UN report released Tuesday calls for investment and a focus on flexibilities in and possible changes to intellectual property rights rules to help developing countries access information and technologies.
Google’s settlement in the United States of copyright infringement claims by authors and book publishers faces strong opposition from European publishers. The deal does not apply to books outside the US and one Google official has suggested the need for a similar service in Europe. Could digital library Europeana be the solution? A 28 August European Commission policy statement addressed that concern and others.
With 15 scheduled negotiating days left before a meeting in Copenhagen meant to set the global sustainability agenda for the next several years, the head of the United Nations agency tasked with coordinating the global effort to fight climate change has issued an urgent call for more speed toward convergence on all parts of the upcoming climate change agreement, especially on IP-related text - lest the entire thing fall through.
Ongoing concerns in India that their legitimate generic drug shipments are being delayed as potential counterfeits while in transit through Europe may reach the dispute settlement body at the World Trade Organization, according to sources.
Authorities in the European Union and the United States have recently taken a tougher stance against reverse payments - patent settlements whereby, according to many competition experts, dominant drug companies buy off potential rivals.