Original news and analysis on international IP policy
Trade ministers negotiating the Trans-Pacific Partnership (TPP) agreement meet this week in Maui, Hawaii to try to finish the deal. Along with them are numerous public interest groups strenuously lobbying to steer the deal away from single-minded corporate interest.
STRASBOURG, FRANCE – Although the right to science and culture has been enshrined in several international treaties, their exact implications in the intellectual property field have remained vague.
The country that made smoking cool is now taking steps to make it uncool. France this week organised what it defined as "the first international ministerial meeting" on plain packaging for tobacco products, gathering countries that support the public health measure aimed at discouraging tobacco use.
An international coalition of intellectual property rights defenders wrote a letter to World Intellectual Property Organization Director General Francis Gurry yesterday providing suggested international guidelines to protect IP rights.
The United Kingdom government is calling for evidence on a proposal to provide designers with an option to mark their products with a web link instead of stamping the product or attaching a label with registered design numbers to provide public notice of registered design rights.
A recent paper by public health experts argues that a treaty on ‘medicines crime’ to combat counterfeit and substandard medicines may not be the best step forward. Rather, it proposes to form an international agreement to “ensure that all proven effective and necessary medicines are affordable, available, and of assured quality,” if the goal is to protect the interests of people and public health.
A new developing country policy brief warns against use of the investor-state dispute settlement mechanism, arguing that it has a low capacity to adapt to exceptional circumstances that can afflict developing countries.
Cuba has been trying for many years to get the United States to undo a law that prevents Cuba from defending a rum brand trademark in US courts. This week at the World Trade Organization, the Caribbean country said during this time it has dutifully protected the intellectual property rights of more than 5,000 US products, while the US has allowed violations of Cuban patents and trademarks.
For nearly two decades, the European Union has pondered the completion of a unitary patent system (UP) and a Unitary Patent Court (UPC). But even after the European Court of Justice has ruled the UP/UPC agreement to be constitutional, users, including some big ones, remain cautious.
The ambassadors for the Trade in Services Agreement (TISA) have endorsed a deadline of notifying any additional new annexes by 31 July, and submitting completed offers by 15 September. This is the result of the most recent meeting of negotiators of the 25 TISA parties, according to a spokesperson for the Australian Department of Foreign Affairs and Trade. Australia hosted the TISA round from July 6-10 in Geneva.
Inter partes review (“IPR”) proceedings were originally intended to allow defendants in patent infringement lawsuits to invalidate questionable patents cheaply and quickly. But these proceedings increasingly are being used by parties that are not defendants in active litigation matters at all, write Rich Hung and Alex Hadduck.
A conference on jurisdiction and dispute resolution in the age of the internet raised topical issues of concern to internet-based public policy, such as the notion of how jurisdiction and internet governance is a question of power, and an update on the International Law Association guidelines project. In addition, a debate arose as to the state of the patent system.