Category IP Law

Must All Foreigners Online Comply With US Copyright Law? (Part 1 of 2)

US copyright law is supposed to apply only within US borders, not to actions done in Poland. But when a company in Poland streamed copyrighted TV shows into the US, that infringed US copyrights, according to a US trial court. This decision will be upheld on appeal, experts widely expect. Such an appellate decision, however, could expand the reach of US copyright law to a problematic extent. It will be tricky to find infringement in this case without also extending US copyright law to any online content posted anywhere on the globe.

International Court Of Justice Judges Getting Pulled Into Investor-State Cases

According to a study by a watchdog group released this week, numerous judges at the International Court of Justice (ICJ) have worked or are working on at least 90 investor-state dispute settlement cases, despite a prohibition on them doing work…

WTO Dispute Panel Set For Qatar IP Case; Appellate Body Appointments Still Stuck

A World Trade Organization dispute settlement panel today was established on request of Qatar, which is challenging measures by the United Arab Emirates (UAE) taken in the name of anti-terrorism but which Qatar says unfairly violate its intellectual property rights and other WTO rules. Separately, also at today's WTO Dispute Settlement Body meeting, members continued to be at odds over a closely watched disagreement on appointing new Appellate Body members.

Special Report: A Look Behind Hepatitis C Patent Challenges Worldwide

A case at the High Court in India set for 15 December could decide whether a patent on some of the most important drugs to fight hepatitis C should be removed. It is one of many attempts to challenge patents on hepatitis C drugs in various countries around the world and serves as an opportunity to learn more about the group leading the legal case.

USPTO’s Revised Patent Fee Schedule Raises Price Of IPR Process

The United States Patent and Trademark Office (USPTO) today issued changes to some patent fees, including increases in certain areas, including the cost of using the inter partes review process. Following feedback from users, the office went with some proposed increases, while keeping others at existing levels despite proposals to increase them, it said.

US Congress Members Signal Move To Block Allergan Patent Deal With Tribe

Members of a US congressional subcommittee on intellectual property held a hearing last week that appeared aimed at finding ways to stop companies from “renting” the sovereignty of Native American tribes in order to avoid a process that can lead to the invalidation of patents. Elected officials called a deal between Allergan pharmaceutical company and a northeastern tribe a “sham” and a “mockery”, and signalled the start of the legislative procedure to prevent such deals.

Custom Built Software And The IP Law – What You Need To Know

The practice of building custom software is alive and well despite the emergence of tons of ready to use offline and online business apps. Businesses build custom software for various reasons. Some are unsatisfied by solutions available on the market, others need very specific features or overall functionality, security and privacy concerns are another major driver of tailored software development. The process of building custom software involves five basic stages, if you stick to traditional software development workflow, or an indefinite number of iterations under agile development method. Both approaches, however, include various scenarios in which intellectual property rights are involved, writes Jorge Sagastume.

Health Group Challenges Gilead Patents In The US On Grounds Of Lack Of Novelty

A health advocacy group today announced that it has challenged a set of United States patents for a hepatitis C medicine. The group says drug maker Gilead Sciences has obtained unmerited patents for sofosbuvir, blocking millions of US patients from affordable treatment.

No Progress On WTO Appellate Body Appointments As Ranks Thinning

The imbroglio which might cause a major impediment to the World Trade Organization's functioning is thickening as the United States continues to block the selection process to fill vacancies in the WTO Appellate Body, according to sources.