Original news and analysis on international IP policy
This year could bring major changes in US intellectual property law. Congress and the nation’s courts will be confronting a variety of issues that have broad ramifications for copyrights, trademarks and patents. Here are some of the top developments to watch in 2012.
The most-read Intellectual Property Watch stories of 2011 demonstrated the versatility and range of our readers from around the globe, from an intense focus on international and national copyright issues to bilateral and plurilateral free trade agreements, to issues in India and Brazil, patent laws, patents in agriculture, scientific knowledge, and of course, policies emerging in Geneva at the World Intellectual Property Organization, World Trade Organization, World Health Organization and elsewhere at the multilateral level. Most of all, they tell the story of the year gone by, with clear signals of what's to come in 2012.
The European Parliament Legal Affairs Committee approval this week of a single patent for participating European Union members sets the stage for a February plenary vote in Parliament. But members’ inability to agree on where to locate the new unified patent litigation court means the Polish presidency won’t get to see finalisation of the process that will now head into 2012 under the guidance of Denmark.
Another chapter of the Brazilian copyright reform is out. The third version of the draft bill leaked a few days ago to a major newspaper in the country, and a handful of academics had access to it, writes Pedro Paranaguá.
WASHINGTON, DC - Officials and workers at the US Patent and Trademark Office (USPTO) are working day and night, as well as weekends, to meet forthcoming deadlines outlined in the America Invents Act (AIA). And some legal experts warn that they are now experiencing the calm before the storm as those deadlines approach.
A “clatch” is another word for “brood”, which is a not inappropriate word in the present circumstances – considering that Canada’s highest court will hear five (yes, five!) cases on December 6 and 7, 2011 that all emanate from Canada’s Copyright Board, writes Howard Knopf.
The Philippines Justice Secretary has issued an opinion that an agency cannot issue an injunction against an alleged counterfeiter as the complainant must be an actual party with an interest in the case.
The Supreme Court in New Delhi has postponed the Novartis v. Union of India hearing. The case will now be heard on 28 February 2012.
In what is seen by many as a landmark decision, the European Court of Justice (ECJ) in Luxembourg on Thursday ruled that an injunction obliging an internet service provider to install a filtering system to prevent peer-to-peer copyright violations on its network would violate European law.
On September 16, 2012, the post-grant review process in the United States will change to closely resemble the opposition procedures in Europe even down to the same nine-month window after grant to oppose. With these new changes going into effect in less than a year, it is important for practitioners to use this time to become familiar with the new procedures and processes, writes Michael Siekman.
The United States Patent and Trademark Office (USPTO) is working to ensure small businesses and independent inventors have the tools they need to obtain, protect and enforce their patents overseas, as well as domestically, in the wake of patent reform legislation enacted in the United States. Meanwhile, the office is also stepping up global patent harmonisation efforts.
A company has filed a patent infringement complaint in the Eastern District of Texas that names 30 defendants, including some of the largest US technology companies, a case that reflects a change in US law as passed last month.