Category IP Policies

The Consequences Of Killing USPTO Patent Reviews

Does the US Constitution prohibit the USPTO from striking down issued patents? That question will be decided by the US Supreme Court later this term. Should the Court rule against the USPTO, it would dramatically alter the US patent system in favor of patentees, give a big boost to patent trolls, and damage innovation in the US. The ruling also would make the US an outlier among major industrialized countries – turning it into the only such nation where patents could not be challenged in administrative proceedings.

Moglen On Privacy And ‘The Machine’: This Is Not Over Yet

NEW HAVEN -- In an arresting presentation framed in a first-hand account of the creation of the early internet and focused on the hyper-sophisticated sensors we carry everywhere in the form of our smartphone, marking our every behaviour and element of our life for commercial and state use, Free Software legend and privacy advocate Prof. Eben Moglen gave a speech this week at Yale Law School on privacy, the "machine," and the jarring threat humanity is facing. There is at least one sign of hope, he said: the FreedomBox.

E-Commerce: Some Developing Countries Push Back On Idea Of New WTO Rules

While the profile of electronic commerce is rising in diverse international fora, some developing countries are saying they do not want to discuss a new negotiating mandate for e-commerce rules at the World Trade Organization. The current work programme on e-commerce is still adequate, they find, and the WTO Ministerial Conference in December should address more pressing issues, such as agriculture, or completing the Doha Development Round negotiations.

Case Shows European Luxury Brands Must Be Popular In Japan To Be Protected There

In a recent decision, the Opposition Board of the Japan Patent Office dismissed an opposition filed by CFUB Sisley, a French producer of cosmetics and fragrances founded in 1976, against the word mark “SISLOY” written in a standard character. The case shows that the status of European luxury brand will not automatically enjoy broader scope of protection in Japan unless the brand obtains a high degree of popularity and reputation among Japanese consumers, writes Masaki Mikami.

New EU Commission Guidelines On Illegal Content Online Clarify Liability For Online Platforms

The European Commission today issued guidelines for removing illegal content online, largely following the lines of existing rules and guidance, but hinting at a possible future move to harmonise practices in this area. Technology companies breathed in relief as the communication did not appear to reduce their protection against liability for content carried on their networks and devices, though it did provide extensive clarification on the liability exemption.

How USPTO Patent Reviews Became Imperiled

Initially, the lawsuit was widely viewed as a waste of time. The suit asserted a strained legal argument that already had been rejected twice by federal appellate panels, in 1985 and 1992. Yet this lawsuit, Oil States Energy Services v. Greene’s Energy Group, has now reached the US Supreme Court. So later this term, the high court will decide whether the US Constitution prevents the US Patent and Trademark Office from ever striking down issued patents.

Disparity In Access To Medicines Spurs “Humanitarian” Patent Licensing

“There are shameful access disparities around the world” to life-saving medicines, Harvard University Global Access in Action project Co-Director Quentin Palfrey said at a 26 September Center for Strategic and International Studies event in Washington, DC. And while some of the challenges to fuller access involve pricing, getting medicines to poorer countries or populations means overcoming the obstacles of insufficient research and development (R&D) incentives, access barriers and polarised politics, he said.

Four Stages To Monetizing A Patent Portfolio

 By Martin Bijman, Director, Intellectual Property Products , TechInsights Successfully pursuing the monetization of IP assets requires an accurate assessment of their value and position within the marketplace. Essentially, monetizing a patent portfolio includes four key steps: Developing an accurate…

Use Competition Law For Wider Access To Cheap Medicines?

The topic of access to medicines has gained momentum in recent years as high prices of new medicines affect developing countries and developed countries. The role of competition legislation in preventing market abuses and monopoly situations has been pointed to as a possible lever to facilitate access to generic medicines and balance the potential negative effects of intellectual property protection.

Initiative Aims At Using New Technologies To Reinvigorate International Trade

As protectionism tempts some, the International Chamber of Commerce Brazil is launching an initiative to bring new technologies to the rescue of international trade. The new digital age holds promise and is inevitable, but requires solid policymaking and improvement in such areas as education and broadband coverage to deliver on its possibilities, panellists at the World Trade Organization Public Forum said today.