Category IP Law

US Files WTO Case Against China For Violations Of Global Patent Rules

It has been considered for years that China has not been as strong as developed country trading partners in protecting intellectual property rights. Now, as China gains ground in building its own patent war chest, it has received a World Trade Organization challenge from the top patent-filing nation in the world, arguing that China's treatment of foreign companies' IP rights is unfavourable and its policies violate international trade rules.

Key Drug Innovations Often Don’t See Market Rewards, Academic Says

There is little evidence that more innovative or therapeutically valuable pharmaceutical products are rewarded, or that patents are the best way to do so, Economics Professor Margaret Kyle of the Centre d’économie industrielle of Mines ParisTech says in an upcoming study for the Review of Industrial Organization.

Introduction Of A Grace Period In Europe

The protection of inventions is a cornerstone to encourage innovation as engine of economic growth. As one of the world‘s leading centres for innovation, the level of scientific and technological performance in Germany is very high, thanks to an excellent research landscape and a good technological and economic basis. But the global innovation competition is intensifying, and new competitors are seeking to enter international markets. However, Germany is falling short of its potential when it comes to leveraging technology to create new products, writes Michael Kahnert.

Zimbabwe Establishes An Intellectual Property Tribunal, As A Special Division Of High Court

KAMPALA, Uganda -- In what is seen as a significant achievement in the making of history of intellectual property law, the Government of Zimbabwe has instituted and operationalised an Intellectual Property Tribunal, with the mandate to speedily preside over all IP matters, disputes, infringements, passing off and other related issues. The Tribunal recently heard its first case. [A reminder to readers: All IP-Watch stories are totally free for least-developed countries and almost all developing countries. Just sign up for a password under Subscribe.]

Early Certainty Initiative Of The European Patent Office – Flexibility For Biotech Needed

In 2016, the European Patent Office (EPO) introduced a streamlined opposition procedure that should simplify opposition proceedings and deliver decisions faster, while giving parties more time to react to summons and prepare for oral proceedings. This new initiative, called early certainty, aimed to cut down the overall duration of granting new patents and to tackle the backlog in patent granting within the EPO, writes Michael Kahnert.

Academies’ Group Urges EU Harmonisation Of Rules On Inventorship, Patenting

A high-level group of academic experts in intellectual property rights and innovation in the European Union has released a statement highlighting the rise in inventions due to international research and development and says EU regulations on inventorship, assignment and patent filing should be assessed for harmonisation and reducing complexity.

German Court To Hear Unified Patent Court Challenge, As EPO Staff Questions Persist

The German Federal Constitutional Court has agreed to take up a challenge that could potentially derail the Unified Patent Court (UPC). The special - and opaque - procedure under the national constitution allows a single individual to claim constitutional breaches, said Hogan Lovells (Dusseldorf) patent litigator Clemens Plassmann. The lawsuit leaves the UPC in disarray at least until next year, he said.

Meanwhile, in the never-ending feud between European Patent Office (EPO) management and staff, President Benoȋt Battistelli was forced to back off from a planned rule change that would allow him to fire staff members “if the exigencies of the service require abolition of their post or a reduction in staff.”

Japan Patent Office Decides “TE’ CON MIEL” (Tea With Honey) Is Distinctive In Relation To Tea

In a recent trademark opposition, the Opposition Board of the Japan Patent Office (JPO) decided to overrule the opposition against TM Registration no. 5951823 for word mark “TÉ CON MIEL” designating tea in class 30 due to distinctiveness of the mark among relevant Japanese consumers.