Original news and analysis on international IP policy
A range of 55 civil society organisations from around the world today sent a letter asking the United States Department of Health and Human Services to accept an offer from a Canadian generics company, Biolyse Pharma, to manufacture and export high-priced cancer drug Xtandi to countries with a per capita income of less than one-third that of the United States.
Outgoing United States Trade Representative Michael Froman in Geneva today gave a look back and ahead for the multilateral trading system and the World Trade Organization. His prediction was pragmatic and optimistic.
LONDON -- Procedural and substantive legislative reforms are needed to keep nuisance patent infringement lawsuits at bay, the United States Federal Trade Commission said in an October report. The question is whether the size of the study on activities of “patent assertion entities” (PAEs) was large enough to prove there's a problem, say some patent attorneys, including speakers at the 13-14 October London IP Summit.
The German Constitutional Court in a fast-track decision today rejected the granting of emergency injunctions against a German signature of the Comprehensive Economic and Trade Agreement (CETA) of Europe with Canada.
As autumn rolled in, two United Nations agencies chose global figures to help them with their missions, another has a new website, and changed heads, while non-governmental organisations, law offices, and industry also saw numerous changes at management level.
“The federal court in Galveston, Texas denied the plaintiffs' application for declaratory and injunctive relief. As of 1 October 2016, the IANA functions contract has expired.” This two-sentence statement from Assistant US Commerce Secretary for Communications and Information and National Telecommunication and Information Administration Administrator Lawrence Strickling ended an era of direct United States oversight over changes to the authoritative root zone of the internet domain name system, and as a contractor for a set of core internet databases.
The US Supreme Court agreed on 29 September to take up the question of whether the Lanham Act, which allows the US Patent and Trademark Office to refuse to register disparaging trademarks, conflicts with the First Amendment right to free speech.
Patent infringers are supposed to pay damages, but the award in this case struck many as ridiculous. Some Samsung smartphones contained one or two purely decorative design elements that had been patented by Apple. But instead of paying modest damages for what many see as a tiny infringement, Samsung was ordered to pay $399 million – all the profits the company had made from its infringing phones. The Federal Circuit said it had no choice but to approve those damages; it was constrained by statute. Critics, however, said that the Federal Circuit had misinterpreted the statute. They fret the court’s error will unleash a wave of design patent infringement suits that will harm innovation, stifle competition, and empower patent trolls. Which is why so many will be paying close attention on 11 October, when this dispute comes before the US Supreme Court.
European Union trade ministers at an informal meeting in Bratislava, Slovakia today agreed on the final steps to enact CETA, the Comprehensive Economic and Trade Agreement between Canada and the EU. There will be no other reopening of the text, assured EU Trade Commissioner Cecilia Malmstroem after the meeting. But ministers have agreed, according to Slovak Minister of Economy Peter Ziga, that some sensitive issues have to be straightened out in an additional annex to the CETA text.
Criminals are increasingly blocking access to digitised intellectual property and then charging their victims ransom to get it back, as “ransomware” attacks become increasingly common and sophisticated.