Category IP Law

Revised EPO Patent For Conventional Broccoli Has Public Interest Ramifications

A patent for a conventionally bred form of the common household vegetable broccoli appears to be on its way to acceptance by the European Patent Office following a change to the patent by the company filing it, according to sources. The decision not to revoke the patent, which has been the subject of protests and now calls for action in national courts, could clear the way for hundreds of other vegetable patents to follow, a source said.

How To Respond To A Cease & Desist Letter

US companies are generally known to be much more litigious than non-US companies. Thus, if you are a non-US company looking to enter the US market, it is prudent to understand the nuances of responding to a cease and desist letter. While cease and desist letters can be upsetting and sometimes confusing, there are a series of steps that companies can take to be better prepared in the event that they do receive one.

EU High Court Bans Patents On Human Embryo Stem Cells For Commerce

The European Union high court today outlawed the patenting of human embryo stem cells for scientific research or commercial purposes. The decision has forced European courts to examine the “ethical boundaries of patenting,” said Greenpeace, which challenged a German patent in the case. While there are alternate methods for obtaining stem cells, the ruling will nevertheless affect some research, one patent lawyer said.

To Stem Infringement, Block Money – Not Information

The Protect IP Act, currently pending in the United States Senate, contains a range of steps designed to support the holders of American copyrights and trademarks by fighting a specific part of the online infringement problem: “rogue” websites whose primary or intended use is the infringement of US copyrights or trademarks. The bill would take promising new steps to diminish the financial rewards of IPR infringement - but it is saddled with ill-advised information blocking provisions that should, and probably will, be prevented from passing the Senate in its current form, writes David Robinson.

US Senator Questions Constitutionality Of ACTA

The Obama administration's recent signing of the Anti-Counterfeiting Trade Agreement may face a US constitutional challenge as a member of the US Senate today called into question the administration's power to negotiate and enter into such a trade agreement without Congress's approval.

German Police Used Trojan Horses In Investigations

Europe's biggest hacker organisation, the German Chaos Computer Club (CCC), has analysed trojan horse software used by the German police to spy on suspects in several cases. In its 20-page analysis, the club revealed that the software sent to the hackers for analysis allowed police to not only listen into Skype calls, but also to control and manipulate infected machines from a command server using IP address 207.158.22.134, sitting on a server of a commercial hosting provider in Columbus, Ohio, in the United States.

ECJ Decision On Exclusive Broadcasting Licences Could Reach Beyond Sports

A European Court of Justice ruling this week outlawing exclusive broadcasting licences that prohibit the supply of decoder cards to TV viewers outside the EU countries for which the licences are granted will likely affect rights holders and broadcasters of content other than sports, observers said. The decision could also have implications for European Commission attempts to update rules for digital content distribution.

US Patent Reform Signed Into Law

US President Obama today signed a bill into law that many patent professionals and international observers may never have thought they'd see: the widescale reform of US patent law. What the impact will be on the US economy or on other nations remains to be seen.

EU Extends Copyright Protection From 50 To 70 Years

Over the objections of eight countries, ministers from the European Union on Monday extended copyright protection for performers and record producers from 50 to 70 years. The move brought cheers from the recording industry and copyright royalty collecting societies, but doubts from some governments and jeers from a major consumer group.

Myriad Outcome: Winds Shift Again For Gene Patenting In The US

In a long-awaited decision, a United States federal appeals court has decided that US companies can patent breast cancer genes, reversing a previous ruling. The decision was not unanimous, with one of the three judges dissenting. But despite the attention the case has received, the ruling may have little impact on the biotechnology industry, according to analysts.