Original news and analysis on international IP policy
The European Union and Canada held an informal meeting in Geneva this week to present a project for a multilateral investment court to handle global investor-state disputes, hoping to draw interest and questions by other country delegates, according to sources. Time will be needed to gain acceptance of the idea, they said, and the next opportunity will be at the January World Economic Forum in Davos.
The US Supreme Court on Monday declined to hear a case over whether companies that make copycat versions of biologic drugs must wait six months after winning federal approval before bringing them to the market.
Imagine your company just acquired its competitor for $100 million. Now imagine the company’s most important asset – its proprietary software – is subject to third-party license conditions that require the proprietary software to be distributed free of charge or in source code form. Or, imagine these license conditions are discovered late in the diligence process, and the cost to replace the offending third-party software will costs tens of thousands of dollars and take months to remediate. Both scenarios exemplify the acute, distinct and often overlooked risks inherent to the commercial use of open source software. An effective tech M&A attorney must appreciate these risks and be prepared to take the steps necessary to mitigate or eliminate them.
In a first-impression case with implications for international trade, the United States Supreme Court is set to decide whether the US supplier of a single non-infringing article used in an infringing product abroad can be held liable for worldwide damages under US patent law. The case hinges on the meaning of “substantial” and whether US law can extend beyond its borders.
The United States Supreme Court yesterday provided a big victory for Samsung – and common sense, according to many experts. The high court ruled that Samsung need not pay $399 million in damages – all the company’s profits from 11 models of smartphones – simply because one or two tiny components of those phones infringed design patents owned by Apple. But Samsung isn’t out of the woods yet. Because despite the importance of today’s Supreme Court decision, the high court left an even more important issue unresolved.
The much-awaited decision of the World Trade Organization Dispute Settlement Body on Australia’s law requiring that tobacco products be sold in plain packages, challenged by four countries, has been postponed and is now expected "not before May 2017."
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Patent assertion entity (PAE) activity has skyrocketed in the past decade and much discussion has occurred around what to do in response to patent holders whose strategy is more focused on legal battles than innovating. One notable group has risen up to bring together global companies to address the PAE issue with a novel sharing approach. In an interview with Intellectual Property Watch, Ken Seddon, CEO and President of LOT Network, talks about the group's rapid growth, what's coming next, and how not to bring a squirt gun to a nuclear fight.
The United Kingdom government is preparing to ratify the Unified Patent Court Agreement, it said on 28 November. The move took the patent community by surprise but failed to relieve uncertainty about what will happen when the UK finally Brexits the EU, according to patent attorneys in the UK.
Caribbean nation Antigua & Barbuda has declared that it will exercise an option granted it by a World Trade Organization dispute settlement panel to lift protection on US intellectual property rights starting in 2017 if the US does not finally change a law blocking the island nation's online gambling services or compensate it.
NAIROBI, Kenya -- A ruling this month by a Kenyan court that artists, performers and musicians cannot be compelled or forced to join a collective management organisation (CMO) to collect royalties on their behalf could spell doom for CMOs in the country, experts fear.
Intellectual property in Russia will become a subject of antitrust regulation starting next year, according to recent statements of an official spokesman of the Russian Federal Anti-Monopoly Service (FAS).