Category Enforcement

A Look At The Proposed EU IP Exception To Promote Generic, Biosimilar Industry Competitiveness

The European Commission has proposed an exception to the extended period of patent protection that the European Union provides to original drug manufacturers for certain products, in order to boost the competitiveness of EU generic and biosimilar industries in global markets. The exception will allow EU generic and biosimilar companies to manufacture protected drugs for export during this patent extension period. Stakeholders are so far unhappy with the exception. Meanwhile, studies analyse its potential economic impacts and legal implications, and the Commission remains confident that safeguards it is putting in place will keep the lower-priced medicines from making their way back into the EU.

EU High Court Rejection Of Copyrights For Food Tastes Worries Rights Holders

A food’s taste cannot be pinned down with enough precision and objectivity to make it copyrightable under EU law, the European Court of Justice (ECJ) said on 13 November. The decision creates a new standard that could be applied to all European copyright works, but would likely be the same under US law, intellectual property lawyers said.

China’s Xi Jinping Signals Higher Focus On IP, Market Opening To Ease US-Sino Tensions, But Global Leadership Friction In Innovation To Persist

SHANGHAI, China -- The President of China, Xi Jinping, in a keynote address on 5 November to political and business leaders attending the opening of the first China International Import Expo (CIIE) in Shanghai sent a strong diplomatic signal that Beijing will push ahead with further opening up of the economy to more international competition. In a move to try and ease US-Sino tensions Xi also indicated China will take proactive steps to boost protection of intellectual property rights (IPRs), including harsher penalties against violators - a major grievance for the United States and the pivotal issue in the escalating trade war between the world's two largest economies.

IP Experts Discuss US Congressional Changes, Prospects For IP Legislation

NEW YORK – Major changes are coming to the makeup of the US Congress from the perspective of intellectual property policy, and while it may translate into more patent-friendly officials, the prospect for legislation is uneven, a panel of IP experts told a private sector conference here last week.

WIPO Members Look At Protection Of Country Names, GIs, Icons

A number of countries are voicing concerns about their country name being used by trademark applicants with no relation to the country, riding on the country's reputation or geographical relevance. They are also worried about their country name being used as an internet top-level domain name. Those are among the issues being discussed this week at the World Intellectual Property Organization committee on trademarks, along with questions on the protection of geographical indications, and of icons and typeface on the internet.

WTO TRIPS Council Debates Competition Law, Plain Packaging’s Spread To Other Products

The World Trade Organization intellectual property committee met last week with lively discussions on the benefit of IP rights protection for new businesses, and on the role of competition law to prevent abuses of those rights and in particular ensure greater access to medicines. Also, considering the recent WTO Dispute Settlement Body ruling on the tobacco plain packaging, some countries warned against this decision becoming a precedent and spreading to other goods, and undermining trademark protection.

Intangible Capital Rising, IP Key For Start-Ups, Traditional Growth Model Has To Change, Panellists Say

The importance of intangible capital is growing and so is the significance of intellectual property, according to some, and in particular in the new economy. Start-ups see intellectual property as an indispensable tool to attract investors and put their innovations onto the market. Developing countries still mainly stuck in what some call the "commodity trap" have to identify and exploit their intellectual property assets, according to panellists at an event held at the World Trade Organization yesterday.

WTO TRIPS Council Agenda: IP Key For New Businesses, Competition Law To Counter Abuses

World Trade Organization intellectual property committee members gather this week for their annual autumn session. On the agenda are now-usual topics looking at intellectual property from two perspectives: IP as an indispensable tool for innovation in particular in the new economy, and IP as a potential threat to access if misused. In addition, India has put forward further questions on goods in transit to the European Union in its directive on custom enforcement of IP rights.

Lurking In USMCA – IP Provisions With An International Agenda

Donald Trump is no fan of international norms or rules. He’s made this clear on numerous occasions, including during his two speeches at the United Nations. It is surprising, therefore, that one of the few international deals he has made as president – the recently announced treaty replacing NAFTA – contains IP provisions whose main purposes seem to be extending US rules overseas and establishing IP norms for future international agreements.