Original news and analysis on international IP policy
Investor protection clauses in bilateral trade agreements between European Union member states were declared incompatible with EU law in a judgment by the European Court of Justice in Luxembourg today.
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.
The EU Commissioner for Justice, Consumers and Gender Equality, Věra Jourová, ahead of her US visit announced “a tough tone” on remaining gaps in the implementation of the privacy shield, the arrangement that allows to transfers of data of EU citizens to the United States. Speaking before the EU Parliament's Committee on Civil Liberties (LIBE), Jourová said while she had heard the privacy shield was not a priority of the US administration, “it will be a priority, if we make clear that we will suspend the system if it doesn't work,” adding, “My patience is coming to an end.”
The European Commission today recommended a set of operational measures against a wide range of online content considered illegal, lumping intellectual property rights-infringing material in with that of terrorists, child sexual abusers, hate speech, and commercial scams.
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.
The Wellcome Trust, the London-based biomedical research charity, has issued recommendations for improved scientific collaboration after Brexit, including to establish a formal agreement on research and innovation. This includes continued leadership by the UK on open research, and might include expanding the UK patent box scheme, it says.
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.”
Some products are too cheap, generic drug companies do not invest in them because they do not make enough money out of them. Others seem astronomically expensive, and are said to include the costs of all research, successes and failures alike. Panellists at a recent Swiss-organised expert event in Bern concurred that something must done about pricing, and explored some surprising ways to do it.
The steady increase in innovations relating to new digital technologies, in particular technologies using artificial intelligence, is matched by an upward patenting trend. The European Patent Office recently issued a study on the subject and is preparing a conference in May, while the World Intellectual Property Organization is working on its own in-depth study. However, the current patent system might not be ready for artificial intelligence-related inventions, according to a global standards-setting body.
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.