Category Regional Policy

US Considers Upping Stakes Again In Trade Dispute With China Over IP, Tech Transfer

The Trump administration today announced it is considering raising its proposed tariffs from 10 to 25 percent on $200 billion worth of Chinese imports. The move is another in an attempt to get China to change the way it treats US companies including by alleging forcing transfer of technology and intellectual property.

New EPO Chief Outlines Priorities With Global Focus; Staff Wary But Hopeful

Antonio Campinos, whose term as president of the European Patent Office began on 1 July, has said he wants to focus on the effectiveness of the organisation, greater global cooperation and “staff engagement.”

Stakeholders Submit Views On South Africa Copyright Amendment

The call for public comments on the Copyright Amendment Bill by South Africa’s Parliamentary Portfolio Committee on Trade and Industry attracted a wide range of interest and contributions from local and international IP stakeholders.

AbbVie Hepatitis C Treatment Patents Challenged In India For Evergreening

The Initiative for Medicines, Access & Knowledge (I-MAK) and the Delhi Network of Positive People (DNP+) filed an opposition with the Indian Patent Office in Delhi on 21 July to prevent the granting of a patent to AbbVie on pibrentasvir, which forms part of Mavyret, their drug used to treat Hepatitis C, according to a press release.

South Africa’s Proposed Copyright Fair Use Right Should Be A Model For The World

Copyright laws the world over are under massive pressure to reform to fit the digital environment. One key area often in need of reform is in the exceptions to copyright that enable the digital practices. Without exceptions, common practices may be illegal, such as sharing photos on social media, making technical copies to send and stream, and uploading excerpts to closed networks for student access, writes a group of experts on the issue.

Native Tribes Can’t Shield Patents From USPTO Review

The strategy was breathtaking in its boldness. Just days before the USPTO was to hear a challenge to Allergan Inc.’s patents on a dry-eye drug, Restasis, the company transferred those patents to a Native American tribe; the tribe then sought to dismiss the USPTO proceedings by asserting sovereign immunity. Following this action, a number of other patentees made similar transfers to Native tribes, in order to protect their patents. More patentees were poised to do so, should this ploy prove effective. It, however, did not. On 20 July, the Federal Circuit Court of Appeals ruled the tribe’s sovereign immunity did not protect its patents from USPTO review. The ruling thus kept intact a key component of America’s patent system.

Oppositions Filed Against Gilead Hepatitis C Patent Applications In India

Oppositions have been filed in India against two patent applications from US pharmaceutical company Gilead for important hepatitis C medicines, according to non-governmental sources. The opposition filings assert that these applications are “evergreening” patents and therefore violate Indian patent law.

Dangers Of Means Plus Function Limitations In US Patent Prosecution

Broad patent protection is one of the goals when securing patent protection for inventions (i.e., new products and services). However, issues start to arise when the claim language becomes too broad. For example, broad claims might be construed as a means plus function limitation against the intentions of the patent prosecutor, and in some cases, those patents are invalidated as being indefinite. At least, this is the case with US patent prosecution. The patent laws of other jurisdictions treat means plus function style of claiming differently, and in my experience, less detrimental to the validity of the patent, writes James Yang.

(Video) Europe’s Innovation Renaissance, China’s ‘Astonishing’ Rise: Global Innovation Index 2018

European countries led by Switzerland are experiencing an "innovation renaissance," this year's Global Innovation Index shows, while the scale of China’s rise in the index is “quite astonishing,” Sacha Wunsch-Vincent, senior economic officer at the World Intellectual Property Organization, says in a short video interview with Intellectual Property Watch.