Original news and analysis on international IP policy
It’s unclear if the US Supreme Court wants to address yet another controversial issue in patent law, but on 2 April, the court took a small step in that direction. That’s when the court formally asked the US Justice Department to opine on whether the high court should grant certiorari in Bowman v. Monsanto Co.
Today, a US appellate court released its decision in a key case in which rights holders asserted that online video site YouTube should be liable for copyright infringing content appearing on its site. According to a preliminary reading, the appeals court reversed the earlier decision, signalling that YouTube, owned by Google, could have known about infringing content and therefore may not fit under the safe harbor clause of the US Digital Millenniumn Copyright Act limiting the liability of online service providers.
The United States is known for taking an unusually expansive approach towards patentable subject matter. Compared with Western Europe, for instance, the US has been far readier to grant patents on business methods, medical diagnostic processes, and human genes.
A new treaty protocol against illicit trade in tobacco products struck today at the World Health Organization saw a late-stage decision to strip out references to “counterfeit” products from the text, according to sources.
The Indian Supreme Court today postponed hearing the high-profile case involving Swiss pharmaceutical producer Novartis' challenge of India's patent law until July, according to sources.
The United States Supreme Court yesterday threw out a high-profile case that had allowed a private company's patents on two human genes associated with cancer.
On 20 March, the US Supreme Court cut back on the types of inventions that can be patented in America. The court held in Mayo Collaborative Services v. Prometheus Labs., Inc. that one cannot patent an invention which merely applies known technology to natural phenomena.
PARIS - A meeting of IP professionals held in Paris last week reaffirmed the importance of intellectual property and its protection to the private sector. Meanwhile, panellists at the event argued that green technologies should not benefit from a special regime. They also hailed the new America Invents Act as facilitating patent applications in the United States.
All the experts agree: US copyright law doesn’t apply outside US borders. But try telling that to Kim Dotcom, Aubrey Canning, or the growing number of other foreigners whose activities outside the United States have resulted in sanctions under US copyright law.
Ukraine yesterday filed a World Trade Organization dispute settlement case against Australia for its 2011 law requiring plain packaging on tobacco in an effort to address the severe public health problem related to its use. The case could represent an important measure of the power of trade interests versus public health decisions by governments.