Original news and analysis on international IP policy
The third amendment of China's patent law will enter into force from 1 October, 2009. In this article, Wenting Cheng explores the major changes in substantive requirements for patent grant, post grant enforcement and adaptation of Chinese patent law to international norms on the protection of intellectual property.
The World Trade Organization has issued an arbitration report in a dispute between the United States and Brazil over US cotton subsidies, giving Brazil the right to use trade countermeasures against the US, and in certain circumstances to suspend intellectual property obligations.
A website providing unlimited music and movies for a token price is seeking to take advantage of a 2007 World Trade Organisation ruling between the Caribbean nations of Antigua and Barbuda and the United States, which granted Antigua the right to suspend some US intellectual property rights obligations. The action raises questions about implementation of cross-retaliation rulings, in which the complaining country can seek damages in a different sector than that in which the harm was incurred.
Undeterred by two previous decisions by Indian authorities holding that under Indian Patent Law, its leukaemia drug - Gleevec is not patentable, Novartis now wants to take the fight to the Indian Supreme Court. Meanwhile, also this week, sources say Indian authorities rejected applications for patents on two HIV/AIDS drugs, opening the way for cheaper generic versions to be developed and marketed.
Google’s settlement in the United States of copyright infringement claims by authors and book publishers faces strong opposition from European publishers. The deal does not apply to books outside the US and one Google official has suggested the need for a similar service in Europe. Could digital library Europeana be the solution? A 28 August European Commission policy statement addressed that concern and others.
Ongoing concerns in India that their legitimate generic drug shipments are being delayed as potential counterfeits while in transit through Europe may reach the dispute settlement body at the World Trade Organization, according to sources.
Authorities in the European Union and the United States have recently taken a tougher stance against reverse payments - patent settlements whereby, according to many competition experts, dominant drug companies buy off potential rivals.
Indian generics manufacturer Cipla can get marketing approval for its generic cancer treatment Soranib, the Delhi High Court ruled Tuesday, and the Indian drug regulatory authority does not have to check its patent status first. The court this week rejected a complaint by drug multinational Bayer against the Union of India, the Drug Controller General of India and generic drug producer Cipla.
Bayer sought a court order requiring DCGI to consider the patent status of kidney cancer drug, sorafenib tosylate (sold under the brand name Nexavar), before granting marketing approval for a generic version of the drug.
At issue was whether it is legitimate to link a potential violation of IP rights to processes regulating a drug’s entry onto the market that are generally based on drug quality, efficacy and safety.
NEW YORK - Patent lawyers from financial services companies and other firms this week said they are hopeful that change at the US Patent and Trademark Office will bring solutions to their concerns with the business method patents, application backlogs, patent quality problems, transparency and other issues.
Last October, a United States appellate court shifted the country’s patent law dramatically, moving the nation closer to other countries’ standards on what inventions can be patented. The Federal Circuit Court of Appeals (often called America’s “patent court”) overruled its own seminal precedent and sharply cut back on the types of methods and processes that are eligible for patent protection. The ruling put thousands of patents under a cloud, including many business method patents and financial method patents.
This controversial ruling will soon be reviewed by the US Supreme Court. The resulting decision in Bilski v. Doll could become a milestone in US patent law, with repercussions around the world.
The European Commission on Monday released a report finding fault with a number of United States practices related to intellectual property rights policy, on copyright, geographical indications, trademarks and patents. The report is an answer, one might say, to the US Special 301 report that criticises US trading partners it deems unilaterally to be insufficiently protecting its companies’ IP rights.
COPENHAGEN - While sales of insecticide-treated bed nets have skyrocketed in recent years and boosting their use is among the UN Millennium Development Goals, two producers of the nets have been caught in a rigorous legal case involving trade secrets. Now the English High Court has ruled that one of the companies, Bestnet, has misused the trade secrets of the other company, Vestergaard Frandsen (VF).