Original news and analysis on international IP policy
The third amendment of Patents Act 1970, in 2005, was a major breakthrough for Indian IP practice in patents. The current crop of judicial decisions, discussed in this note, has initiated the need to have a critical mass of judicial precedents streamlining law and rules governing patent practice in India, writes Kamakhya Srivastava.
Chief Judge Paul R. Michel (Ret.), of the U.S. Court of Appeals for the Federal Circuit, saw hundreds of patent cases during his distinguished career and has a unique position from which to view and offer advice on efforts in the US Senate and House of Representatives to agree on changes to domestic patent law. Intellectual Property Watch recently had the opportunity to interview Judge Michel on prospects for substantive patent reform in the US, the effect on future cases involving domestic and foreign patents, likely constitutional challenges, and the "non-problem" of non-practicing entities.
India has at least seven diverse intellectual property (IP) legislations related to protection already in place. Its focus should therefore arguably be directed - along the lines of many other IP jurisdictions - on more stringent enforcement modus operandi of the IP rights. Is there scope for introducing yet another IP legislation – the utility model protection law - in the Indian IP landscape and if so, what should be its scope and implication, asks Swarup Kumar.
For the past ten years, the United States Supreme Court has steadily chipped away at patent rights. But this term, the court abruptly reversed direction. In two weeks, the high court issued rulings in three patent cases, and in every one upheld the legal rights of inventors. It is unclear, however, how big a win this really was for patent rights.
A US judge ruled yesterday that copyright “troll” Righthaven lacked legal authorisation to bring an infringement lawsuit because it did not have ownership of the copyright in question, according to the Electronic Frontier Foundation. The case could have an impact on the future prospects of so-called copyright troll cases, EFF said.
Outgoing United States Commerce Secretary Gary Locke today gave near-complete approval of legislation to reform US patent law which is awaiting action in the House of Representatives.
World Intellectual Property Organization members this week are discussing potential new policies on patent law related to patent quality, patents and health, and exceptions and limitations to patents.
Intellectual property rights holders, access to knowledge proponents, presumably online scam artists, and possibly governments and international organisations interested in internet governance heard the call of the introduction this week of the “Protect IP Act” in the US Senate. The bill is aimed at strengthening US law enforcement’s ability to stop international websites offering counterfeit goods or unauthorised copyrighted content.
Government policymakers are stalling on trade liberalization while erecting new nontransparent trade barriers, writes Frederick Abbott.
The Public Patent Foundation filed suit yesterday against Monsanto’s patents on genetically modified seeds with farmers asking to be protected against the biotechnology giant’s potential lawsuits in case of accidental contamination from plants grown with its seeds.
Google’s efforts to resolve questions of copyright infringement in its digital library project did not yield the hoped-for result as a district court judge yesterday rejected the agreement. But the judge left open the possibility that the parties could come back again with revisions.
A list of briefs were filed Friday in support of maintaining the high standard in the United States for questioning the validity of patent. The decision of the Supreme Court expected in the coming months could have a major impact on patent law.