Original news and analysis on international IP policy
Intellectual property owners in the United States may be happy to see the end of 2012. Among the notable setbacks they suffered last year: Congress refused to expand remedies against online infringement, the Supreme Court raised the bar for patentable inventions, and lower courts repeatedly denied injunctions against patent infringement. It is unclear, however, if IP owners will fare better in 2013.
The European Patent Office Administrative Council in December agreed to award a controversial bonus of tens of millions of euros to EPO staff at the end of 2012, with 24 positive votes and 8 negative votes. Several stakeholders had protested the proposal and encouraged contracting states in the Administrative Council to vote against the measure.
The United States Patent and Trademark Office and US Department of Justice yesterday issued a joint policy statement on standards essential patents that encourages voluntary technology licensing on fair, reasonable and non-discriminatory terms, and discourages injunctions or exclusionary orders that block infringing products from the market. Their advice to the International Trade Commission cites innovation, competition, consumers and the public interest.
What will 2013 bring for international intellectual property and innovation policy?
In the coming Intellectual Property Watch series for subscribers, our expert writers take a look at the top global policy issues and events in copyright, public health, legal battles, food security/biotech/biodiversity, trade, development, internet governance and more.
Depending on where one locates its advent, contemporary globalization is now more than half a century old. It might be asked whether globalization has been beneficial to Africa. One quick and easy way of addressing this often asked question is to cursorily look at the regional dynamics of over half century of globalization. And this leads to an urgent call for "homeland-Diaspora" intellectual property training, says Prof. Chidi Oguamanam.
As 2012 becomes a memory, it is fair to say that the intellectual property rights discussion shifted over the past year, with trade agreements, over-reaching in copyright and patents, and the provision of technical assistance all falling under increased pressure. At least if the most-read Intellectual Property Watch stories of the year are any indication.
The fight against counterfeiting and piracy is at the heart of the World Intellectual Property Organization committee on enforcement, a non-negotiating body. In a meeting of the committee this week, delegates heard expert presentations on ways to tackle infringement and measure its impact. However, the smooth discussions were disrupted by considerations of the future work of the committee.
For decades, the United States has pioneered the patenting of human genes, and other countries have followed this lead. But the US will soon perform an abrupt about-face, most experts predict. When the US Supreme Court hands down its decision in Association for Molecular Pathology v. Myriad Genetics, the justices appear likely to rule that human genes are not patentable subject matter. And the ruling may go even farther, holding that other forms of human DNA are not patentable.
Washington, DC - The United States Chamber of Commerce last week held its annual roundtable with US government IP attachés stationed around the world. At the same event, it released a consultant study that rated the IP rights usage of 11 rather different countries.
Washington, DC - United States attachés stationed around the world in order to promote intellectual property rights reported on their activities to US industry here last week. And the attachès posted in Geneva had strong words for the work of non-governmental organisations operating at the World Trade Organization and the United Nations agencies.
At the close of a World Intellectual Property Organization meeting dedicated solely to a potential new treaty on industrial design law and practice, delegates agreed to continue working on the draft instrument at the next session. But they will also have to address divergent views on how to integrate technical assistance and capacity building into the treaty.
Bulging portfolios, lucrative licensing fees, and record patent sales, the booming business of intellectual property strengthens calls from business leaders to accelerate the harmonisation of the global patent system. Participants in a recent private-sector intellectual property conference said that redundancies in international processes “creates waste” which could be better used to invest in new business.