Original news and analysis on international IP policy
In a long-awaited decision, a United States federal appeals court has decided that US companies can patent breast cancer genes, reversing a previous ruling. The decision was not unanimous, with one of the three judges dissenting. But despite the attention the case has received, the ruling may have little impact on the biotechnology industry, according to analysts.
India and the European Union announced a written agreement yesterday that puts more conditions on EU customs authorities before they can stop shipments of generic pharmaceuticals passing through Europe. No longer is the existence of an EU patent on passing generics sufficient cause to stop shipments. The agreement suspends a World Trade Organization dispute started by India last year.
The third amendment of Patents Act 1970, in 2005, was a major breakthrough for Indian IP practice in patents. The current crop of judicial decisions, discussed in this note, has initiated the need to have a critical mass of judicial precedents streamlining law and rules governing patent practice in India, writes Kamakhya Srivastava.
The Internet Corporation for Assigned Names and Numbers (ICANN) has issued a new statement about a future contract with the United States for root zone management and other internet infrastructure functions, warning against undermining the multistakeholder model for governing core internet infrastructures.
The Anti-Counterfeiting Trade Agreement (ACTA) under negotiation by a group of countries including those in the European Union is more ambitious than current EU law and risks problems for access to medicines, concluded a recent study commissioned by the European Parliament Committee on International Trade. But the study stops short of calling for a flat rejection of the agreement.
The European Commission yesterday announced the availability of nearly €7 billion euros (nearly US$10 billion) to boost innovation, its biggest grant ever for research and development. The move is predicted to create 174,000 jobs in the short-term and some 450,000 jobs and €80 billion in economic growth over the next 15 years.
A major action was announced today by the United States Justice Department as it arrested 16 people and executed 35 search warrants for alleged hackers mostly said to be involved in retaliation by the group Anonymous against PayPal for blocking payments to Wikileaks after it released a large number of classified documents late last year. Five arrests were also made in Europe.
In the face of a severe food shortage, Kenya's Cabinet has approved imports of genetically modified maize, though it has drawn the line on use of GM maize as seeds, a regional newspaper reports.
The largest United States industry association continues to push for the Trans-Pacific Partnership agreement (TPP) to be the model of the highest intellectual property rights standards of any US agreement, matching the US-Korea free trade agreement.
Chief Judge Paul R. Michel (Ret.), of the U.S. Court of Appeals for the Federal Circuit, saw hundreds of patent cases during his distinguished career and has a unique position from which to view and offer advice on efforts in the US Senate and House of Representatives to agree on changes to domestic patent law. Intellectual Property Watch recently had the opportunity to interview Judge Michel on prospects for substantive patent reform in the US, the effect on future cases involving domestic and foreign patents, likely constitutional challenges, and the "non-problem" of non-practicing entities.
The European Commission today presented its annual report on customs activities related to intellectual property rights (IPR) infringing goods, finding sharp increases in some areas and leading to calls for new enforcement measures.
India has at least seven diverse intellectual property (IP) legislations related to protection already in place. Its focus should therefore arguably be directed - along the lines of many other IP jurisdictions - on more stringent enforcement modus operandi of the IP rights. Is there scope for introducing yet another IP legislation – the utility model protection law - in the Indian IP landscape and if so, what should be its scope and implication, asks Swarup Kumar.