Category Patents/Designs/Trade Secrets

Changes In EU Data Law: The GDPR Requirements And How To Meet Them

Linkilaw writes: Statistics show 69% of SME owners have heard about the General Data Protection Regulation (GDPR) and 70% admitted to being unaware it will come into effect from 25th May 2018. It is important for small business owners to understand what the GDPR is as well as its application. The GDPR is the outcome of four years of constant discussions, investigations, and amendments made by the EU to update its data privacy rules and regulations.The GDPR will replace the Data Protection Directive established in 1995, creating a greater territorial scope and stricter penalties for those states members, and business dealing with Personal Data, who fail to keep and handle data according to the new regulation. The GDPR was finally approved by the EU Parliament on 14 April 2016 but will apply from 25 May 2018, giving a two-year transition period for all EU members states. This is a call for all SME’s: you need to prepare now!

South Africa’s Push For Knowledge-Based Economy Through IP

CAPE TOWN, South Africa – “If you want to create a knowledge-based economy and be part of it, be players not observers. There isn’t a stronger backbone than having an understanding of what IP is.” This statement was made by Mmboneni Muofhe, Department of Science and Technology (DST) deputy director general for technology and innovation, at the ninth Intellectual Property Summer School held at the University of the Western Cape (UWC) in December. The meeting brought together students, lawyers, scientists and different professionals drawn from Africa and other parts of the developing world for a ten-day intensive programme in intellectual property.

A Canadian Billionaire’s Mysterious Death And The Effect On Access To Medicines

The mysterious death last week of Canadian billionaire Barry Sherman and his wife has raised many questions. For some, one question is what impact it will have on pharmaceutical competition in Canada, as his giant generic medicines company Apotex was seen as making a mark in access to medicines. It was also recalled that the company is the only one to have used an obscure provision of a World Trade Organization intellectual property agreement aimed at making more affordable medicines available in least developed countries.

WIPO Patent Law Committee Agrees On Future Work, Stays On Safe Path

The mood was conciliatory this week at the World Intellectual Property Organization patent law committee as delegates mainly shared experiences and heard presentations. The five topics composing the work of the committee, which had been carefully negotiated in the summer and reflecting a “delicate balance” of interest between countries, will be pursued at the next session. Among them are the topics of patents and health, technology transfer, and the quality of patents.

Intellectual Property Rights In Trade – To Be Rethought?

After two decades of intellectual property regimes in trade agreements, one could have some second thoughts, according to a number of panellists at the Trade and Sustainable Development Symposium, organised by the International Centre for Trade and Sustainable Development (ICTSD) and held alongside the 11th World Trade Organization Ministerial in Buenos Aires, Argentina this week.

London Declaration Report Shows Progress But More Needed Against Neglected Tropical Diseases

A newly released report by the wide-ranging joint London Declaration initiative to fight neglected tropical diseases shows progress in elimination of diseases and the number of people treated. However, in order to reach universal health coverage, efforts have to be intensified, according to the World Health Organization director general. The pharmaceutical industry, meanwhile, said it is ready to live up to its pledge made five years ago and expand donations programmes.

Former Medicines Patent Pool Head Greg Perry Joins Pharmaceutical Industry

A day after Greg Perry resigned as executive director of the Medicines Patent Pool, the pharmaceutical industry announced today that he will join the Geneva-based International Federation of Pharmaceutical Manufacturers and Associations (IFPMA) as an assistant director general.

Obviousness In The Wake Of Arendi

Since the U.S. Court of Appeals for the Federal Circuit issued its opinion in Arendi S.A.R.L. v. Apple Inc. last August,[1] many patent commentators have asserted that the decision marked a significant change in the analysis of obviousness under 35 U.S.C. § 103, especially as a weakening of single-reference obviousness grounds. Notwithstanding this decision, petitioners and the Patent Trial and Appeal Board have continued to rely on single-reference obviousness to assert and find that claims are obvious, write Amy Simpson and Kyle Canavera.

WIPO Gives Overview Of Its Legislative Assistance To Developing Countries

The World Intellectual Property Organization provides legislative assistance to countries upon request. This week during the meeting of the Standing Committee on the Law of Patents, the secretariat explained how WIPO provides this legislative assistance. This followed a 2015 proposal to revise WIPO’s 1979 Model Law for developing countries on inventions. The proposal was not accepted by developed countries concerned over the extent of the task, and some pointing out that WIPO is delivering more effective tailored legislative assistance.

WTO Ministerial Unable To Cut Deals; Members Set Up Plurilateral Groups On E-Commerce, Other Issues

The 11th Ministerial Conference of the World Trade Organization (MC11) ended without a joint ministerial declaration and without progress in some of the important agenda points on the table. Instead several groups of “friends” announced they would push ahead independently, with 71 members including the United States and the European Union announcing they will “initiate exploratory work together toward future WTO negotiations on trade related aspects of electronic commerce.”