Original news and analysis on international IP policy
An agreement on international intellectual property rights enforcement now under negotiation in Lucerne, Switzerland runs the risk of ushering in a new and undemocratic precedent for international policymaking that could have long-term damaging effects on critical public policy issues, non-negotiating government representatives and civil society advocates said this week.
The United States Supreme Court yesterday handed down an important patent law ruling. By a narrow 5-4 vote, the court held in Bilski v. Kappos that business methods are patentable under US law. But the court provided only limited guidance on how to determine which business methods (and other types of inventions) are indeed patentable.
La petite ville guindée de Lucerne, en Suisse, accueille cette semaine le neuvième round de négociations visant à la signature de l’Accord Commercial Anti-Contrefaçon (plus connu sous sa dénomination anglaise, ACTA : Anti-Counterfeiting Trade Agreement). Pendant que les onze parties prenantes aux négociations devaient se retrouver au Palace Hotel, le Parti Pirate suisse et ses homologues allemands et autrichiens devaient organiser un rassemblement en gare de Lucerne.
MUNICH - The staid little Swiss town of Lucerne this week sees round number nine of the negotiations for the Anti-Counterfeiting Trade Agreement (ACTA). While the 11 negotiating parties gather in the Palace Hotel, the Swiss Pirate Party together with their Pirate colleagues from Germany and Switzerland will organise a rally at the Lucerne train station.
The Obama administration’s release of its national intellectual property strategy yesterday was welcomed by many groups representing businesses and intellectual property holders who said it could serve as an example to other countries.
Quality across patent systems has been understudied but a new methodology put forward by the former chief economist of the European Patent Office suggests that the EPO provides higher quality services than its United States and Japan counterparts. Efforts at collaborative work between patent offices are being made but mutual recognition might not be possible or desirable without some harmonisation in the way the different systems operate.
Lynn C. Tyler writes: The litigation provisions of the recently-enacted legislation establishing a pathway to bring biosimilars to market contain “patent” ambiguities in key areas, particularly whether the various lists of patents to be litigated are exclusive. Courts will have to resolve these issues over the next several years, likely at great (and unnecessary) expense and uncertainty to litigants.
After two days of lively discussion, members of a World Trade Organization committee this week agreed to devote a day in October to an in-depth discussion on a waiver to WTO intellectual property rules aimed at boosting access to medicines for poor countries. In addition, some member countries presented concerns about the possible effect of a global enforcement push by developed countries and the Anti-Counterfeiting Trade Agreement (ACTA) under negotiation outside WTO, while ACTA proponent countries sought to allay fears.
The final step in the establishment of a patent pool under international drug-purchasing mechanism UNITAID was taken today, the UN body announced.
"At no time, not for one second, did commercial interests enter my decision-making," Director General Margaret Chan of the World Health Organization declaration in a letter today defending the organisation's increasingly scrutinised response to an outbreak of H1N1, or 'swine flu.'
"Information is the lifeblood of development," says the government of Rwanda in a recently-adopted intellectual property policy, part of the country’s comprehensive development strategy. The new policy attempts to integrate Rwanda into the international IP system while simultaneously safeguarding the freedom it needs to drive its own innovation system.
Dressed in casual weekend attire with white and blue “WIPO Staff” t-shirts, World Intellectual Property Organization personnel on 5 June gave explanations and guidance on intellectual property rights to the public, while a blimp-shaped balloon advertised the event outside the building. The WIPO lobby was turned into an intellectual property fair with stands displaying the range of WIPO’s services, and a much-appreciated wine tasting.