Original news and analysis on international IP policy
The first edition of the renewed Internet Governance Forum (IGF) last week tried its all not to become just another internet governance conference, with new formats and the taking on of one big topic that so far had evaded the “multi-stakeholder” approach: trade negotiations. But it also angered some by making its big dinner an invitation-only event, for governments and friends.
A meeting of the Board of the Joint United Nations Programme on HIV/AIDS (UNAIDS) has concluded with a set of decisions (attached) showing that the Board went farther than just noting the UNAIDS secretariat report on intellectual property-related barriers preventing access to medicines. And the Board, after lengthy discussions, also called on UNAIDS to facilitate discussions on the high-profile report of the United Nations Secretary-General’s High-Level Panel for Access to Medicines.
Imagine your company just acquired its competitor for $100 million. Now imagine the company’s most important asset – its proprietary software – is subject to third-party license conditions that require the proprietary software to be distributed free of charge or in source code form. Or, imagine these license conditions are discovered late in the diligence process, and the cost to replace the offending third-party software will costs tens of thousands of dollars and take months to remediate. Both scenarios exemplify the acute, distinct and often overlooked risks inherent to the commercial use of open source software. An effective tech M&A attorney must appreciate these risks and be prepared to take the steps necessary to mitigate or eliminate them.
In a first-impression case with implications for international trade, the United States Supreme Court is set to decide whether the US supplier of a single non-infringing article used in an infringing product abroad can be held liable for worldwide damages under US patent law. The case hinges on the meaning of “substantial” and whether US law can extend beyond its borders.
The annual “Intellectual Property Statistics for Decision Makers Conference” took place in Sydney, Australia on 15-16 November. After Vienna last year, the Organisation for Economic Co-operation and Development (OECD) as the key initiator organised the landmark forum this time with the Australian Government through its national intellectual property office, IP Australia. In this environment where the Australian economy could recently mark its 25 years of continuous growth and where the government just launched a new “National Innovation and Science Agenda” in the form of a new tax reform package, we could follow panel discussions and speeches about how empirical evidence can be gained for innovation.
Veteran public health advocate Els Torreele of Belgium has been named the new executive director of the high-profile Médecins Sans Frontières (MSF, Doctors Without Borders) Access Campaign, based in Geneva.
The Board of the Joint United Nations Programme on HIV/AIDS (UNAIDS) this week is considering a report calling for the 11 cosponsor agencies of the programme to follow the recommendations of the UN Secretary General’s High-Level Panel on Access to Medicines to improve policy coherence, and to produce reports on the use of intellectual property at country and regional levels, including the use of flexibilities.
The United States Supreme Court yesterday provided a big victory for Samsung – and common sense, according to many experts. The high court ruled that Samsung need not pay $399 million in damages – all the company’s profits from 11 models of smartphones – simply because one or two tiny components of those phones infringed design patents owned by Apple. But Samsung isn’t out of the woods yet. Because despite the importance of today’s Supreme Court decision, the high court left an even more important issue unresolved.
According to the Centre for International Intellectual Property Studies, the proposed European Commission copyright reform is detrimental to authors' interests, and contrary to the objective of creating a single digital market.
The much-awaited decision of the World Trade Organization Dispute Settlement Body on Australia’s law requiring that tobacco products be sold in plain packages, challenged by four countries, has been postponed and is now expected "not before May 2017."
What would be the credibility of the World Intellectual Property Organization committee negotiating a system of protection for traditional knowledge held by indigenous peoples, if none of their representatives could participate in the meetings? That has been a recurring question asked by indigenous peoples and the organisation over the years. But now, if no voluntary contributions are made by governments or others, the next committee meeting could very well be first in 16 years held without a single observer from an indigenous community.
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