Category IP Law

United States Chided As TRIPS Scofflaw At WTO

A clause unfairly protecting a rum company’s US market by denying trademark rights quietly stuck into a US Congress appropriations bill in the deep of night in the late 1990s continues to haunt the halls of the World Trade Organization – but that does not seem to trouble US trade authorities. And this is not the only intellectual property-related case being met with US indifference, an irony for possibly the biggest proponent of IP rights in the world.

Samsung Lawyer Assesses IP Legal Battle With Apple

Cape Town, South Africa - Professor Charles Gielen, an insider in the epic design war between Apple and Samsung, has described the hostile standoff between the two corporate giants as a shape-shifting space for intellectual property laws following the different interpretations of IP law the case has evoked from the courts.

“Works For Hire” A Key Issue As Music Stars Begin Terminating Copyright Transfers

Courts in the United States are beginning to interpret a Copyright Act of 1976 provision allowing authors of protected works to terminate their rights assignments beginning this year. Intellectual property attorneys appear to differ over the importance of the recent rulings, but they agree that the battle line in termination cases between the recording industry and artists will be drawn over whether or not a piece of music was created for hire.

Monsanto v. Bowman: Stocktaking After Supreme Court Hearings

The United States Supreme Court recently heard oral arguments in the case opposing a US farmer to agro-industry giant Monsanto on the issue of patent exhaustion in patented seeds. Lead lawyers in the case and others offered comments on the heels of the hearing, while the Supreme Court Justices are considering the arguments and are expected to reach a decision sometime this spring.

India’s First Compulsory Licence Upheld, But Legal Fights Likely To Continue

New Delhi - India’s Intellectual Property Appellate Board (IPAB) today upheld the country’s first compulsory licence on a pharmaceutical product. The much-awaited verdict by Justice (Ms) Prabha Sridevan upholds the compulsory licence issued to Hyderabad-based Natco Pharma Ltd, an Indian generic drug manufacturer, which sells a much cheaper version of German pharmaceutical company Bayer AG's kidney and liver cancer drug Nexavar in the market.