Original news and analysis on international IP policy
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.
The United States Senate on Thursday passed historic patent reform legislation – but not before some heated debate on the chamber’s floor. It now goes to President Obama for his signature. Intellectual Property Watch offers a look at who wins and what will now change.
The United States Senate on Tuesday was debating patent reform legislation that would make the first significant reforms to the US patent system in nearly 60 years.
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.
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.