Original news and analysis on international IP policy
As staff strikes continue and the European Patent Office's Administrative Council prepares for what could be a contentious 11 December meeting, opinions are split over the effect of the turmoil on the office's role in Europe's unitary patent.
There is an uptick in India-United States relations. US President Barack Obama will be in India in January as the chief guest at the country’s Republic Day Parade. Obama, who hosted India’s new Prime Minister Narendra Modi in Washington in September, will become the first US president to attend such a celebration, a display of India’s military might and ethnic diversity, as well as the first to visit India twice while in office.
The 29th Session of the Standing Committee on Copyright and Related Rights at the World Intellectual Property Organization is currently underway. On the agenda, inter alia, will be discussions on Limitations and Exceptions to Libraries, Archives and Educational, Teaching and Research Institutions. Against the backdrop of the success with the Marrakesh Treaty, the trajectory looks set for these further exceptions and limitations to succeed.
After two difficult meetings, the World Intellectual Property Organization copyright committee is meeting this week with the hope of getting closer to a treaty protecting broadcasting organisations, although questions remain on scope and level of protection. The committee is also expected to find ways to work on exceptions and limitations to copyrights for libraries, archives, education and research, as developed countries oppose normative work, and developing countries want international instruments.
As a result of the America Invents Act enacted three years ago, the United States Patent Trial and Appeal Board (PTAB) now handles inter partes reviews (IPR)—a new trial proceeding used to challenge the validity of patent claims based on patents and printed publications. Recently, the PTAB has caused a split concerning the proper scope of the IPR joinder provision, which grants the PTAB discretion to join a “party” to a previously-instituted IPR. In the past, the PTAB interpreted the term “party” expansively to include petitioners for whom it had already instituted an IPR. Petitioners were quick to jump on this loophole, and have since sought to raise new arguments in an instituted IPR by filing a subsequent petition and seeking joinder with the in-progress proceeding.
A seminar on innovation and access to medicine last week examined the issue of access to hepatitis C treatment, looking at the HIV/AIDS path. Voluntary licences, such as the one entered by Gilead for its hepatitis drugs, have been applauded but such licences often do not cover middle-income countries, which are home to the bulk of hepatitis C patients, and whose poor populations remain unable to access treatment.
Last week’s United Nations draft report for the post-2015 sustainable development goals under negotiation calls for continued progress toward sweeping improvements in the lives of all people and the health of the planet, including ensuring that intellectual property rights are respected but do not get in the way.
Gender differences persist in the field of intellectual property, but there are signs of change, and new proposals are emerging for bringing greater balance, a US professor told a gathering at the World Intellectual Property Organization this week.
A recent paper proposes that countries use the access and benefit-sharing mechanism of the Nagoya Protocol to ensure conservation action and effective implementation of the protocol.
From EDRi: Ville Oksanen, Vice President and a founding member of Electronic Frontier Finland (Effi), passed away on Sunday 23 November 2014 in Helsinki from a sudden illness. He was 37 years old.
For the first time, the European Advocate-General has suggested on the grounds of European competition law the context for negotiations of fair, reasonable and non-discriminatory (FRAND) terms, and has set criteria for the enforcement of injunctions and other remedies in actions involving infringement of standard-essential patents (SEPs). The Court of Justice of the European Union (CJEU) decision is still pending.
The highly esteemed Center for International Intellectual Property Studies (CEIPI) in Strasbourg will mark its 50th anniversary this week with a conference featuring the top names in the European IP community. Below is the press release announcing the event: Conference…