Original news and analysis on international IP policy
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.
In 1976, Yambuku village school headmaster Mabalo Lokela felt sick when he returned from a trip to northern Zaire near the Central African Republic border. He had a high fever, diarrhea, and bleeding. Because he was initially believed to have malaria, Lokela was given quinine, but his symptoms got worse and he soon died. Shortly afterwards, those who had been in contact with Lokela also died. ... Almost four decades later, there is still no cure for Ebola, despite the fact that drug development on average takes about a third of this time frame, write William Fisher and Quentin Palfrey.
The Russian government is crafting a new strategy in the field of intellectual property, which should strengthen the protection of IP rights in Russia and create conditions for the acceleration of the domestic research activities in the country, according to Dmitry Livanov of Russia’s Ministry of Science and Education.
An academic research project on the value of the public domain has documented its importance to innovation and creativity. In one empirical study in the project, it was shown that use of the public domain boosts crowd-funding efforts by innovators. The study was discussed recently at the World Intellectual Property Organization.
The European Parliament during its last plenary meeting before the summer break today adopted a non-legislative report on copyright reform prepared by Pirate Party Member Julia Reda. The report calls for an adaptation of the EU 2001 Copyright Directive to the digital market.
John Hornick writes: Although legal principles apply to 3D printing the same as they apply to any other technology, 3D printing has the unique potential to upset the legal status quo. It is the potential scale of 3D printing that may have profound effects on the law. 3D printing cuts across many areas of law, most types of technology, and almost all types of products. Eventually, anyone may be able to make almost anything. No one else will know they made it or be able to control it, which I call 3D printing away from control.
A new paper released earlier this month finds that the commons perspective, which embraces knowledge as a shared resource and its management a joint responsibility, could contribute to EU policy discussions and yield better policy outcomes in areas such as health, environment, science and culture, and the internet.
Economics be damned. So said the US Supreme Court on 22 June, when it reaffirmed a 50 year-old ruling that limits how patent owners can license their patents. The court conceded the limit does not make economic sense, but asserted that patent law has its own logic. That could change many aspects of patent law, according to experts.
Copyright protection advances the public interest, and good public policy must properly consider “the role of intellectual property as a tool for economic emancipation, a catalyst for cultural diversity, and a powerful protector of individual dignity and fundamental human rights,” argues RIAA’s Neil Turkewitz.
As the broadcasting sector is growing in developing countries, concern over piracy of the signal of their broadcasts is rising, according to delegates from South Africa. Delegates attending last week’s World Intellectual Property Organisation copyright committee meeting sat down with Intellectual Property Watch and argued the importance of a potential WIPO treaty protecting broadcasting organisations’ rights.
Despite what was described as good momentum by World Intellectual Property Organization delegates trying to find ways to protect broadcasting organisations against piracy and providing copyright exceptions and limitations for the benefit of libraries, archives, education and research, no recommendation to the upcoming annual WIPO General Assembly could be agreed last week.