Original news and analysis on international IP policy
NEW YORK -- Technology is moving so fast it could cause harm to humans even as it brings remarkable advances unless governments act, an Israeli professor and visionary thinker told a gathering of government and United Nations representatives here last week. A hint? In the next five years we are all going to be cyborgs. In fact most of us already are.
The United States Patent and Trademark Office (USPTO) is predicting a slight decline in some patent filings for 2018 and 2019, including through the international Patent Cooperation Treaty (PCT) managed by the World Intellectual Property Organization. Trademarks, meanwhile, will likely see slowing growth.
In a recent trademark opposition, the Opposition Board of the Japan Patent Office (JPO) decided to overrule the opposition against TM Registration no. 5951823 for word mark “TÉ CON MIEL” designating tea in class 30 due to distinctiveness of the mark among relevant Japanese consumers.
While the Trump administration has taken aim overall at US contributions to international organisations since taking office last year, the budget proposal it put forward last week would roughly maintain last year's lower levels for a range of Geneva-based agencies without making further cuts. Others did not fare as well.
Pharmaceutical company Gilead has made headlines in recent years for offering the hepatitis C drug Sovaldi that has helped many patients. And for the fact that it came with an eye-popping price tag. Perhaps in a sign of the times, Gilead this month won an open-and-shut case against a squatter on the domain name "sovaldi.eu," that was offering lower-priced generic versions of Sovaldi, including through links to "buyers' clubs" organised to obtain medicines more affordably. The website was called, "SOVALDI. The life-saving cure for Hepatitis C which nobody can afford." Was it a little act of rebellion, or just another internet opportunist?
The United States Chamber of Commerce industry group recently issued its annual global IP index, analysing intellectual property protection in 50 countries, as a prelude to the annual US government list of countries seen as not adequately protection US companies' IP rights. Now an Indian industry group has issued a counter-statement to the Chamber index, calling it a "tirade" and "self-serving".
The Trump administration this week proposed drastic cuts in funding for international activities including foreign policy and global health in 2019, while further building up military and big business activities. Programs related to international activities will have to prove their value to American interests and other countries are demanded to pay more, according to the proposed budget sent yesterday to Congress, which is ultimately expected to set about the task of restoring numerous programs.
The United States Chamber of Commerce sixth annual International IP Index, released yesterday, highlights positive developments in 50 economies to better protect intellectual property rights so as to reward creativity and innovation. But it also takes aim at practices the US industry group still sees as counterproductive.
Every year at this time, the Office of the United States Trade Representative collects comments from stakeholders for its review of how well US trading partners are behaving when it comes to protecting and enforcing the intellectual property rights of US companies. Pharmaceutical companies and an alliance of rights holding industries came prepared with a list of countries to be put on special watch lists, including Canada, Brazil, India, Malaysia, and Switzerland. A patient group, on the other hand, asked that trade interests not supersede access to medicines worldwide.
By a vote of 94-0, the United States Senate on 5 February confirmed California intellectual property litigator Andrei Iancu as next director of the US Patent and Trademark Office (USPTO). The new Under Secretary of Commerce for Intellectual Property is currently managing partner of Irell & Manella LLP’s Los Angeles firm. The patent and trademark communities wished Iancu luck but said there are many issues at the agency that need his attention.
Richard Hill writes: The Tunis Agenda calls for enhanced cooperation to address issues related to the Internet and its governance. However, there was no clear agreement on how to implement enhanced cooperation, so a Working Group on Enhanced Cooperation (WGEC) was convened to discuss that matter and to prepare recommendations. A first WGEC group failed to find agreement, so a second group was formed. In 2018, fifteen years later, the digital divide is worse, spam is worse, and security and privacy have become key issues; the fact that ICANN operates under the jurisdiction of the USA is also at times raised. Some are of the view that the evidence shows that current mechanisms are not working.
The protection of genetic resources and traditional knowledge through the intellectual property system has been discussed for many years at the World Intellectual Property Organization. While delegates are working on potential international instruments to provide such protection, the WIPO Traditional Knowledge Division is involved in technical assistance and capacity building, providing information and issuing publications.