Category IP Policies

US Issues Spate Of Trade Announcements, With IP In The Foreground

With much of the rest of the western world on holidays, the Office of the United States Trade Representative spent this month in meetings and issuing statements about improving international trade conditions for the US.

Over the past two weeks, United States Trade Representative Robert Lighthizer and other senior officials have been involved in activities with Canada and Mexico (under renegotiation of the 1994 North American Free Trade Agreement, NAFTA), Japan, South Korea, and China.

Report Shows Benefits Of US Investment In Global Health R&D

A new report from a global health advocacy group in Washington, DC shows the importance to the United States of US government investment in global health research and development and argues that more investment would have a tremendous positive impact on lives worldwide, including in fighting neglected diseases.

New Book Puts WIPO Traditional Knowledge Committee In Perspective

A new book with contributions from key thinkers on the subject details the long history and intensive negotiations of the World Intellectual Property Organization committee on genetic resources, traditional knowledge and folklore, making a case for conclusion of binding international agreements in these areas as a way to close gaps in intellectual property policy.

Troubled Federal Circuit Hobbles US Patent System

It’s been another dismal term for the Federal Circuit Court of Appeals. Six of its patent law decisions were reviewed in the US Supreme Court’s 2016-17 term, and the Federal Circuit’s decisions were overturned in all six cases. That, unfortunately, is not surprising. Over the past 15 years, the tribunal once known as the nation’s “patent court” has seen many of its most important patent law decisions reversed by the Supreme Court– sometimes in withering opinions. This has seriously undermined the Federal Circuit’s power, reputation, jurisprudence, and (apparently) self-confidence – causing a major problem for the United States’ patent system.

Report From WHO Fair Pricing Meeting Shows Balanced Discussion

A wide range of governments and stakeholders attended a closed meeting in the Netherlands in May to address the ongoing problem of pricing medicines to pay for research and the resulting lack of affordability of those medicines. The report from the World Health Organization-led meeting shows a range of points were made by participants and signals a move to change the global policy.

Information, Access, And Development: Setting A Course For The Sustainable Development Goals

Gerald Leitner writes: Information is the raw material for decision-making. When individuals and groups make the right choices, based on good information, their chances of taking a full role in economic, social, cultural and civic life improve. They can better create and innovate, participate in politics, find and do their jobs well, and live healthily.

Informed citizens and communities are also essential to the UN’s 2030 Agenda. We cannot have sustainable development when individuals are not able to deal with new choices and challenges autonomously, drawing on access to information. And we cannot have inclusive development, with no-one left behind, unless this access is real and meaningful for everyone.

Libraries have long sought to do this, making sure that the world’s heritage is preserved and made accessible, allowing the sharing of knowledge between institutions and across borders, and giving children, families, students and others the chance to enjoy works which they could never afford to pay for individually.

Companies Prefer Trade Secrets To Patents To Protect Innovation, EUIPO Finds

“Despite their economic importance, and in particular their role in protecting returns from innovation, trade secrets are poorly studied and their relationship with patents is often misinterpreted,” the EU Intellectual Property Office (EUIPO) said in a study published this month. It used a survey of around 200,000 companies in Europe's manufacturing and service industries to determine what factors influenced their choice between patents and trade secrets, as well as their overall use of both mechanisms. The results could help policy-makers, the Office said. It also holds out opportunities for innovative lawyers and intellectual property firms, said one IP management consultant.

Why Fair Dealing Is Not Destroying Canada Publishing

For the past few years, publishers around the world have engaged in a sustained campaign to hold up Canada as proof that making fair dealing more flexible for education will hurt publishers. Those efforts rarely tell the whole story: that paid access remains the primary source of materials in Canada, that educational copyright policies in Canada are primarily a function of court decisions not copyright reform (the emphasis on fair dealing came before the 2012 reforms), that global publishers were reporting marketplace challenges that have nothing to do with copyright, that Canadian publishers that supposedly stopped publishing were still in business, that court affidavits from Canadian publishers focus on many concerns other than copyright, and that a study from one Canadian publisher association highlighted issues such as open access and used book sales. University of Ottawa law professor Michael Geist expands on the reality of Canadian publishing and copyright law.

US, European Views On IP Management And Digital Business

Data-driven technologies are enabling the expansion of trade and data flows around the world. We have disruptive smart products, smart industrial processes, smart clouds and smart services. Traditional industries such as pharmaceuticals, chemical and mechanical engineering digitally transform production processes to generate custom-tailored services and improve competitiveness using artificial intelligence while new companies emerge with disruptive offers. Such artificial intelligence-based business models, however, are bringing about a rethinking in European regulations in relation to copyrights, such as that deployed by DeepMind and Pinterest, for instance, because machine learning may reproduce countless amounts of proprietary content to generate raw solutions. A recent event in Paris delved into these and other issues, including data ownership and access rights, as well as inventions by computers.