Original news and analysis on international IP policy
United States trade negotiators are seeking to set a "new regional standard" against intellectual property infringement in the Pacific region with the Trans-Pacific Partnership (TPP) agreement. And among the new tools it is seeking is to boost governments' ability to criminalise IP infringement based on government information as well as that of rights holders, a US trade official said this week.
A lot has happened among the global intellectual property community over the past months. Beyond the usual shifts in law offices, many key positions have either changed hands or been filled. For example, the European commissioners changed, and the United States nominated a new "piracy czar" and a new head of the US Patent and Trademark Office. The International Telecommunication Union, UNITAID and other organisations have new heads. And the World Intellectual Property Organization has a new top management team.
Non-governmental organisations and the private sector also saw a lot of movement in recent months, such as the Electronic Frontier Foundation, the Computer & Communications Industry Association, the International Trademark Association, the International Publishers Association, and the Motion Picture Association of America.
In this article, we take the opportunity to catch up. Here is a look at some of the changes.
The fifth annual Office of the United States Trade Representative review of “notorious” intellectual property infringing markets has been released, pointing out the world’s biggest problem commercial-scale markets. And for the first time, the report takes aim at internet domain name registrars.
At today's meeting of the "trilateral offices" - the United States, Europe and Japan - Deputy Director of the US Patent and Trademark Office Michelle Lee gave an update of USPTO activities, including improvements in patent quality, patent pendency, and discussions about patent harmonisation.
A Swiss-US team of researchers is challenging the “belief that the granting of property rights is necessary in order to overcome information asymmetries and other market failures in consumer markets,” a core concept in the fight over trademark protection on the internet.
It happened again on 5 February. The powerful chair of the House Judiciary Committee, Rep. Bob Goodlatte introduced the Innovation Act for a second time. This bill, aimed at hurting patent trolls by making a plethora of changes in US patent law, easily passed the House of Representatives last term. It subsequently bogged down in a Democrat-controlled Senate. However, now that the GOP controls both wings of Congress, many observers predict the bill will have soon become law. Other experts aren’t so sure, noting that the Innovation Act is drawing some powerful opposition – and not just from patent trolls.
Intellectual property-related developments expected this year could profoundly impact the fields of biotechnology and biodiversity. In addition, ongoing issues relating to plant variety protection and public health are expected to be at the forefront of discussions this year. The following is a look at many of the top issues to come.
Despite the ever-increasing use of social media by businesses, social media assets are often overlooked in merger and acquisition (M&A) transactions. When addressing a company’s assets in a purchase agreement, social media assets tend to be explicitly addressed only very briefly, or not at all. It is important to address such assets explicitly, as they do not always constitute intellectual property rights covered by IP representations and warranties.
The top bipartisan members of the United States Senate and House of Representatives responsible for trade, legal and intellectual property issues today sent a strongly worded letter to World Intellectual Property Organization Director General Francis Gurry demanding that all WIPO members be permitted to fully participate in an upcoming treaty negotiation and raising concern about the trade and economic impact of currently proposed text. The treaty negotiation among a small group of WIPO members is expected to raise the level of protection of geographical indications, which are a key dividing point between Europe and the United States.
Geographical indications – product names deriving from geographical origin or certain characteristics – are increasingly on the table when trade negotiations include Europeans, who are trying to recover names long used around the world. In a recent stakeholder event for the Transatlantic Trade and Investment Partnership (TTIP), both sides of the GI issue made their case.
The biotechnology industry is closely watching developments in the United States that could impact the industry in 2015. These include the regulatory framework for biosimilars, possible patent legislation, post-grant review procedure, and the consequences of the recent Supreme Court ruling banning the patenting of human genes. Hans Sauer, Deputy General Counsel for Intellectual Property at the Biotechnology Industry Organization (BIO), recently spoke with Intellectual Property Watch’s Catherine Saez. Sauer was asked to lay out the main developments to watch in the coming year.
By Patrick Kilbride At no other time in history has humanity enjoyed such a boundless period of innovation. The human experience is literally changing day-to-day as new medicines and new technologies create solutions to seemingly insurmountable global challenges such as…