Original news and analysis on international IP policy
The government of Qatar has requested World Trade Organization dispute settlement consultations with the United Arab Emirates, Bahrain and Saudi Arabia over restrictions ranging from goods and services, to airspace, to intellectual property rights. In the filing, Qatar complains the countries are engaging in "coercive attempts at economic isolation."
It’s been another dismal term for the Federal Circuit Court of Appeals. Six of its patent law decisions were reviewed in the US Supreme Court’s 2016-17 term, and the Federal Circuit’s decisions were overturned in all six cases. That, unfortunately, is not surprising. Over the past 15 years, the tribunal once known as the nation’s “patent court” has seen many of its most important patent law decisions reversed by the Supreme Court– sometimes in withering opinions. This has seriously undermined the Federal Circuit’s power, reputation, jurisprudence, and (apparently) self-confidence – causing a major problem for the United States’ patent system.
For the past few years, publishers around the world have engaged in a sustained campaign to hold up Canada as proof that making fair dealing more flexible for education will hurt publishers. Those efforts rarely tell the whole story: that paid access remains the primary source of materials in Canada, that educational copyright policies in Canada are primarily a function of court decisions not copyright reform (the emphasis on fair dealing came before the 2012 reforms), that global publishers were reporting marketplace challenges that have nothing to do with copyright, that Canadian publishers that supposedly stopped publishing were still in business, that court affidavits from Canadian publishers focus on many concerns other than copyright, and that a study from one Canadian publisher association highlighted issues such as open access and used book sales. University of Ottawa law professor Michael Geist expands on the reality of Canadian publishing and copyright law.
MUNICH -- The German Federal Supreme Court in a decision drawing significant attention on 11 July upheld a temporary compulsory licence granted for the HIV drug Isentress (X ZB 2/17). The antiretroviral drug, based on raltegravir, has been the object of a prolonged court fight between Japanese drug company Shionogi and its US competitor Merck.
On 9 May 2017, a five year court battle between publishers and universities finally came to an end when the Supreme Court of India dismissed an appeal by the Indian Reprographic Rights Organization (IRRO) challenging an earlier judgment of Delhi High Court that ruled course packs in India legal for educational purposes.
In a case that gained wide international attention, issues such as the cost of textbooks in India were raised, students agitated for fair access to educational materials, and the jurisprudence on copyright in India has taken a leap forward. In this guest blog, Anubha Sinha, Programme Officer on Openness and Access to Knowledge at the Centre for Internet and Society India, discusses the judgment in the case known as the ‘Delhi University photocopy’ case, and what it means for access to educational materials in India.
Discussions carried out at the World Intellectual Property Organization patent law committee this week reflect strong interest for the subjects but from different angles. Topics such as how patents may affect access to medicines are favoured by some countries, while others view patents as the main enabler of innovative new products. Some find collaborative work between patent offices primordial, while others worry that it could be harmonisation in disguise. Proposals are not lacking about activities to be conducted in the committee but countries need to agree on those which meet their common goals. [Update: the committee finished early with an agreement on future work. Story to come shortly.]
MONTREUX -- The legal profession is experiencing a “radical change” due to technology, a globally known author told the recent European IP Law Summit in Montreux, Switzerland. Technology has become “affordable” and professions “unaffordable” in a technology-based internet society, he said. Separately, a Belgian appeals court judge laid out details on the Unified Patent Court of Europe.
The Canadian Supreme Court today upheld a pharmaceutical industry appeal against a tool used in certain cases to overturn patents on products that could be seen as not meriting a patent monopoly. The ruling could effectively block a generic version of a patented drug from being on the market.
When the US Supreme Court issued its decision in Matal v. Tam, trademark applicants celebrated, hailing it as a victory for free speech and trademark rights. But some trademark owners will become very unhappy about the ramifications of the Court’s 19 June ruling.
In a decision today, the European Court of Justice in Luxembourg put an end to a complaint by Novartis Europharm Ltd against the European Commission over the terms for data exclusivity (C-629/15 P). Novartis had appealed an earlier decision by the European Court (the first instance) which had rejected the claims by the pharmaceutical company that it should be granted additional data exclusivity for Aclasta, developed from Novartis' older drug Zometa. No way, the Court of Justice said today, upholding the judgment by the lower court that had found that Novartis' interpretation of the rules would effectively allow the extension of data exclusivity for a drug forever.