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Looking Behind The Different Invalidation Rates Of Oppositions And IPRs

Opposition proceedings in Europe have long served as a powerful tool for third parties to challenge the validity of a patent before the European Patent Office (EPO). Now, under the America Invents Act (effective September 2012), the United States (US) has two new procedures for challenging the validity of a patent before the US Patent and Trademark Office (USPTO): inter partes review (IPR) and post-grant review. Current statistics indicate a higher invalidation rate for IPRs as compared to EPO oppositions.

The Challenge Of Complying (Or Not) With Communication Laws Online

Is it possible to fully comply with all the laws surrounding online communication? Michel Jaccard, founder of id est avocats says, “The answer is, ‘no.’” Speaking last week at the Club Suisse de la Presse, Jaccard made the case that when it comes to the online world, we should look beyond legal compliance and start thinking more strategically.

New Proposal To Extend WHO Action Plan On Innovation, IP Rights

At the World Health Organization Executive Board today, a group of countries tabled a proposal to extend the WHO plan of action on public health, innovation and intellectual property until 2022. Yesterday, the Executive Board took note of the Global Vaccine Action Plan while some countries remarked on issues of affordability and accessibility. And today, one of the key discussions of the week - on the engagement of WHO with lobbyists, donors, and other interested non-governmental parties - has begun.

Ebola, Reform High On WHO Executive Board Agenda This Week

The World Health Organization Executive Board yesterday adopted a resolution on Ebola, on the eve of today’s opening of its 10-day meeting addressing a broad range of health issues, including several of relevance to the intellectual property and innovation community. Today, Italy requested that member states be involved in the setting of WHO guidelines, raising governance issues, while WHO Director General Margaret Chan called for strong health systems and reform to the WHO structure, and asked for room to move on WHO relations with industry.

The Year Ahead In Internet Governance: Of Competing Institutions, IANA Transition, And A New Crypto War

For many years Electronic Frontier Foundation Policy Analyst Jeremy Malcolm has been predicting the next year would be the pivotal year for the UN-led Internet Governance Forum (IGF). With the NetMundial Initiative being constructed these coming months and governments having not yet agreed to prolong the IGF mandate, the decade-old forum might be challenged to either move or become just one of many internet governance conference venues. And while some hope the future oversight over the internet’s underlying IANA function could become an experiment in shared global governance, others point out that more and more of the interesting questions of internet politics are decided elsewhere: national governments, trade negotiators, big data giants and cyberdominance strategists.

Biosimilars Present Opportunity, Challenge For Developing Countries, UNCTAD Group Says

Biosimilars are a hot topic. Beyond the colossal profits foreseen by some, drawing a lot of interested parties into the game, developing countries mean to play a role in this new frontier. However, biosimilars - close copies of biopharmaceutical products - are difficult and very costly to produce and come as a challenge to the generic industry used to duplicating small molecules. And some warn about differences in regulatory requirements, which could effectively boot developing countries out of the global market.

The Copyright Manifesto: How The EU Should Support Innovation And Creativity Through Copyright Reform

Teresa Hackett writes: “Copyright divide in numbers”, the graph on the first page of the newly launched ‘The Copyright Manifesto. How the European Union should Support Innovation and Creativity through Copyright Reform’ tells a story. In an illustration of the results of the European Union’s (EU) 2014 consultation on copyright, publishers, authors and collective management organizations express strong support for the current system, while end users and institutional users (such as libraries) are strongly in favour of copyright reform. So if copyright is supposed to benefit everyone, the copyright system sure isn’t working for everyone.

Year Ahead: Big IP Developments Loom For US Law In 2015

2014 brought major changes to the United States intellectual property system, particularly in the area of patent law. 2015 promises more of the same, as the new Supreme Court ruling in Teva Pharmaceuticals USA v. Sandoz attests. Here’s a discussion of Teva and other key cases and developments to watch this year.

WIPO Re:Search Celebrates 3 Years, Looks To The Future

Several years ago, the World Intellectual Property Organization set up a project aimed at helping bring together those with intellectual property rights and those with ideas for research to develop medical products for people in need. The project, WIPO Re:Search, has gathered numerous partners and is beginning to look ahead to its next phases, including the possible eventuality of drug development, according to the WIPO secretariat.