Category Subscribers

Change To EU Enforcement Directive Could Criminalise Parallel Imports

By Monika Ermert for Intellectual Property Watch
The European Parliament has voted against criminalising parallel imports of goods in the proposed European Union directive on criminal measures aimed at ensuring the enforcement of intellectual property rights (IPRED2). Yet these re-imports of products marketed by rights holders in other countries may be criminalised if Parliament does not change a "cleaned-up" draft text of the directive that has quietly emerged, sources say.

The directive is a follow-up to the IP Enforcement Directive (2004/48/EC, IPRED1) passed by the EU in 2004 and will add criminal sanctions against piracy and counterfeiting of a commercial scale. Both IPRED1 and IPRED2 brought about fierce debates about how far protection of intellectual property should go in Europe.

US Patent Reform Advances But Outcome, Global Impact Uncertain

By Dugie Standeford for Intellectual Property Watch
Legislation for sweeping reform of the US patent system emerged from House and Senate committees last week. Among other changes, the bills would more closely align the US scheme with international patent practice, create an additional opportunity to challenge the validity of questionable patents, and limit damages in some infringement lawsuits. But the bills' future is unpredictable, observers say.

US Ruling Creates Uncertainty For Famous Foreign Trademarks

By Steve Seidenberg for Intellectual Property Watch
In a ruling that surprised many trademark experts in the United States, one of the country's most respected appellate courts recently cut back on the protection given to famous foreign trademarks. If such marks are well known in the US but are not registered or used in the country, they are unprotected by federal law, according to the Second Circuit Court of Appeals.

Second Life Copyright Case: New World, Same Old Laws?

By Dugie Standeford for Intellectual Property Watch
Far from being a bizarre by-product of the online society created by Second Life, a recently launched US intellectual property (IP) infringement case against one of its "avatars" is very much grounded in the real world, legal experts say. However, the fact that the first-of-its-kind case involves a "virtual" product raises interesting legal and social questions, they say.

Nokia Patent Case Against Qualcomm Reinvigorated

By Tatum Anderson for Intellectual Property Watch
A patent infringement case brought by US technology firm Qualcomm against Finnish mobile phone manufacturer Nokia at the US-based International Trade Commission (ITC) has been reinvigorated, with a hearing scheduled for 10 September.

Window May Be Closing For EU Patent Harmonisation

By Monika Ermert for Intellectual Property Watch
MUNICH - After years of debate, the window of opportunity could be closing for the proposed next step for harmonising the European patent system by creating a centralised European patent court, judging by comments from officials.

German Justice Minister Brigitte Zypries, at a two-day symposium on the Future of the European Patent Jurisdiction in Munich this week, said that if European governments were unable to agree on an overall concept, "we should have the courage to put an end to the discussion and stay with the status quo."

WIPO Patent Agenda Expected To Be Revived In 2008

After a one-year hiatus, the World Intellectual Property Organization likely will renew its agenda on patent policy issues in 2008 following members' informal approval Friday of a study on patents to be conducted by the WIPO secretariat in autumn, according to officials.

Imperfect Compromise Seen In India Data Exclusivity Report

By Tatum Anderson for Intellectual Property Watch
When the Indian government published its report recently on yet another pharmaceutical patent-related issue predicted to split the industry, the Indian newspapers were divided as to whether brand name producers, generics producers or public health advocates had won.

The reason for the confusion is that the report is an exercise in appeasement, said Shamnad Basheer, a law professor at George Washington University Law School, and expert on this latest controversial subject, called data exclusivity, which is the rights drugs producers have over the data used to obtain marketing approval in a country.

KSR Decision May Impact EU Patent Process But Not Harmonisation

By Dugie Standeford for Intellectual Property Watch
While the direct impact of the recent landmark US Supreme Court decision in Teleflex v. KSR on patent law and practice will be felt only in the United States, the case could indirectly spark changes to European patent processes, experts said. Its focus on the troublesome question of when an invention is "obvious," however, means it probably will not help global efforts to harmonise national patent systems, they said.