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Year Ahead: In US, 2014 Promises Bad News For Patent Trolls And Trademark Owners

2013 was an awkward year in the United States for so-called “patent trolls.” These companies, whose primary business is monetising their patents through licensing and litigation, faced growing criticism from academics, business executives, and US government officials. 2014 could prove even worse for trolls: America’s Congress, courts and executive branch are now considering various measures that would make patent trolling more difficult. And those are just some of the major changes that are likely to roil the US IP system this year.

Once More, US Supreme Court Will Review Software Patents

When it comes to software-related inventions, US patent law is a confused mess. So it was no surprise that, in early December, the United States Supreme Court announced it would weigh in on the matter. The court granted certiorari in Alice Corporation v. CLS Bank in order to decide when software-related inventions are patentable subject matter. But given the complicated technology and the high court’s confusing precedents in this area, many experts fear that the ruling in Alice will bring little clarity to this area of the law.

Special Report: US IP Attachés Report To US Industry On Activities Abroad

WASHINGTON, DC - The United States Patent and Trademark Office (USPTO) programme of strategically placed intellectual property lawyers in key locations abroad continues to grow. And the annual report of a lineup of these IP attachés this week at the US Chamber of Commerce showed they are having some success.

Protection Of Broadcasting Organisations On Firmer Ground At WIPO

World Intellectual Property Organization member countries worked this week to find a common understanding of the functions of a potential new treaty protecting broadcasting organisations. Over two days, they tackled definitions, beneficiaries and scope of the new instrument with some success. One of the issues related to whether or not the treaty should cover transmission over the internet, and new proposals arose during the week.

WIPO Assembly: Potential Design Treaty Misses Train To Russia In June, Still On Track For 2014

It took World Intellectual Property Organization members long hours in informal consultations over the past two days and far into last night to try solving two outstanding issues in the extraordinary session of the organisation’s General Assembly. Yet another extraordinary session is on the way in May to try to agree on the convening of a diplomatic conference – a high level treaty negotiation - on industrial designs later in 2014.

Revised WIPO Treaty On Appellations Of Origin On Course, Chair Says

Members of an international treaty administered by the World Intellectual Property Organization protecting appellations of origin last week worked on a draft treaty revision, which now includes geographical indications. Treaty signatories aim to hold a high-level negotiation in 2015 to approve the revision. Meanwhile, countries which do not use geographical indications have voiced concerns about the proposed revision.

Movers And Shakers In The IP World Jostle For Influence

Just as the world of international intellectual property law and policy is ever-changing, so are the faces within it. There’s a new head of the US Commerce Department who has a bold, IP-friendly agenda coming up, and there’s a hole at the helm of the USPTO. The British Prime Minister named an entertainment industry-friendly IP advisor, while Twitter has formed its own PAC and hired its first lobbyist as the social media platform continues to rise in both use and influence. Law firms in the US are bolstering their IP practices, recognising that it’s these issues that spur action most in Congress. Read the latest edition of the IP-Watch People column for an updated list of the latest people news and IP moves.

European Commission Floats Proposal To Stop Theft Of Trade Secrets

The rise of cybercrime and industrial espionage, including alleged economic spying by the US National Security Agency, calls for a pan-European system to protect trade secrets, the European Commission said on 27 November. A recent survey showed that one in five European companies has suffered at least one attempt to steal its trade secrets in the past 10 years, the EC said, and the numbers are rising. It proposed legislation to safeguard undisclosed know-how and business information against unlawful theft and abuse. Industry generally hailed the proposal, though one law firm said it lacks some enforcement teeth.

BRICS Launch Their Own Plan For IP Cooperation; India Defends Itself

Developing countries have been under pressure for years to join the global intellectual property system established by developed countries, and they have been doing so gradually. But now the leading emerging economies have taken matters into their own hands and signed an IP cooperation roadmap among themselves that will boost their uptake of IP in a way that is most favourable to them.