Category North America

US IP Industry Meeting With Indian Judges A “Ruse”, Activists Say

Public health activists and others have been watching closely in recent months as United States government and industry officials meet steadily and intensively with Indian counterparts to press change in that country's intellectual property policy toward greater protection and recognition of western IP rights. A particular area of concern has been in pharmaceuticals, as India is said to be the world's top supplier of affordable generic versions of drugs under patent that otherwise would be out of reach for millions of poor patients. Several activists have raised alarm over a meeting this week of US IP industry representatives with top judges in India.

USPTO Director-Nominee Lee Calls For ‘Responsible Stewardship’ Of Patent System

In perhaps her first big speech since being nominated by President Obama to head the United States Patent and Trademark Office (USPTO), Michelle Lee today told an industry meeting today to use the patent system responsibly and with balance. The agency is embarking on a new global effort to streamline processes and improve quality. And for the first time in a long time, she said, USPTO has the financial resources to do it.

Review of “Digital Depression: Information Technology And Economic Crisis”

Information and communication technologies (ICTs), and in particular the internet, have revolutionized and disrupted all aspects of human activity, and even behaviour. This has resulted in many academic publications and much discussion, including in intergovernmental bodies, regarding various issues, including how best to govern the internet.

Dan Schiller’s book helps us to understand the background of these events, which have affected economic and political power relations, and how US policies have consistently favoured capital over labour, and have resulted in transfers of vast sums from developing countries to developed countries, writes Richard Hill.

USTR’s Investigations On IP Rights Against India: Is There A Tenable Case?

On 14 October, the US Trade Representative (USTR) began the out-of-cycle review (OCR) of India’s intellectual property (IP) laws, the mandate which it gave itself in the 2014 Special 301 Report. Like several years in the past, the USTR once again included India in the Priority Watch List, but this time, India’s IP laws are being subjected to the additional scrutiny through an OCR. It is to be seen whether the OCR sets the stage for naming India as a Priority Foreign Country, viewed by the USTR as worst offender of intellectual property rights, in the next Special 301 report. USTR’s inclusion of India for the OCR was a reflection of the influence that the domestic lobbies have on the country’s engagement with its partner countries, and about USTR's consistency with World Trade Organization rules, writes Biswajit Dhar.

The TPP’s New Plant-Related Intellectual Property Provisions

The newly-released Trans-Pacific Partnership (TPP) intellectual property (IP) chapter would help seed conglomerates like Monsanto prevent farmers from saving and using seeds that contain patented plant materials, even when such use is for their own personal consumption. The TPP language would also prevent breeders from using plants seeds that contain patented plant materials to research and develop new varieties. Most plant variety protection (PVP) systems allow farmers to save and reuse seeds (for noncommercial purposes) and permit breeders to use protected plant varieties to research and develop new varieties. In contrast, patents on plant-related inventions, as outlined in the TPP, may have few exceptions. This new text constitutes a huge step in the wrong direction, changing the plant IP regimes of many of the negotiating countries to the detriment of their populations, writes Public Citizen.

Tech Industry Report Ranks Countries On Protectionism – Including IPR

A report released today by an American technology industry group ranks countries on the basis of mercantilist policies, urging the United States and multilateral organisations to issue a "bold response" to these restrictive and anti-competitive practices - including intellectual property theft and compulsory licensing permitted under WTO rules in developing countries. The top targets? China and India.

US Cracking Down On Software Patents

The US courts are aggressively applying the ruling. So is the US Patent and Trademark Office (USPTO). Thanks to their common interpretation of the US Supreme Court’s recent decision in Alice Corp. v. CLS Bank, it is now open season on software patents.