Original news and analysis on international IP policy
Il s’agit d’une utilisation peu conventionnelle de la loi sur le droit d’auteur, mais si Omega SA gagne son procès devant la Cour suprême des États-Unis, le célèbre horloger suisse aura conçu une nouvelle arme puissante contre l’importation de produits du marché gris sur le sol américain.
2010 could be a big year for intellectual property law in the United States. Five cases now working their way through the courts may bring major changes to the country’s patent and copyright laws, affect hundreds billions of dollars in commerce, and enable a revolutionary new use for the internet.
It’s an unconventional use of copyright law. But if Omega SA wins its case before the US Supreme Court, the famous Swiss watch company will have established a powerful new weapon against grey market goods in that country.
The European Union appears to be preparing for adoption of the "gold standard" of enforcement, the Anti-Counterfeiting Trade Agreement (ACTA), as intellectual property law expert Annette Kur from the Max Planck Institute of Intellectual Property, Competition and Tax Law said it is now called.
Intellectual property related to geographically-specific products can be harnessed for development purposes, argued panellists at a recent event in Geneva. But there are specific challenges related to using such tools in the developing world that must also be addressed.
The Obama administration and industry groups like the Motion Picture Association of America continue to keep their policy focus squarely on protection and enforcement of IP assets, but in testimony to the US Congress last week made no mention of multilateral venues for advancing these interests through new policy instruments.
The issue of counterfeit and substandard medicines is again not on the agenda of the World Health Organization Executive Board meeting in January, though sources say member states are being consulted about the issue by the secretariat.
The International Federation of Pharmaceutical Manufacturers and Associations (IFPMA) today announced the appointment of a new director of intellectual property and trade, effective 7 December. Meanwhile, in the United States, new coordinator for IP enforcement has been cleared.
The future of the multilateral trading system looks bleak although global trade is in good shape overall, and developing countries are becoming heavier trading partners as a new geopolitical landscape is emerging, according to panellists in a concurrent event to this week’s World Trade Organization ministerial meeting.
On 1 December, the Treaty of Lisbon entered into force, bringing a variety of changes across the European Union. Also this week, a new administrative cabinet has been named to represent the European Commission for the next five years, along with some changes in the structure of the EU administrative body.
World Trade Organization members today called for a completion of the Doha Development Round of trade liberalisation talks in 2010, tying its success to the relevance of the organisation as a whole, at the opening plenary session of this week’s WTO ministerial. Members also urged a stronger review mechanism, and the head of the World Intellectual Property Organization questioned the effectiveness of the multilateral system.
The World Trade Organization’s first full ministerial in four years is not a negotiating forum. Rather, it is bringing together some 150 trade ministers for some soul-searching on the state of the multilateral system and the work of the WTO. Measuring the event’s success (or failure, as in some past ministerials) will be difficult, but new directions may be infused into the 15-year-old organisation and a high-level political statement may be used to drive trade negotiations forward in the coming year.