Category Regional Policy

International Experts See Backswing In Pendulum Of Biological Patenting

MUNICH – Some experts in Europe are coming to agreement that a tipping point might have been reached with regard to biological patents. At a conference organised this week by the “no patents on seeds” initiative on the eve of a public hearing of the European Patent Office on cases involving the patenting of broccoli and tomatoes, non-governmental representatives and farmers associations from Europe and elsewhere said there were detectable changes in American jurisprudence and European governments seem to be rethinking the biopatent issue.

Brazil’s Discussion On Copyright Law Reform – Response To The Digital Era?

Brazil is actively engaged in a cutting-edge debate over reform of its copyright law, involving issues such as the abuse of copyright holders and constructive exceptions in the law (like copying for education and/or transformative purposes and authorisation to copy by libraries and museums to preserve their works). But the government needs to hear from all interested parties - especially the artists - and avoid letting the debate transform into a political-ideological discussion, writes Brazilian lawyer Manuela Correia Botelho Colombo.

US Rightsholders Seek Narrower Scope Of ACTA, Clarity On Trademark Infringement Vs. Counterfeiting

Many of the 11 negotiating partners of the Anti-Counterfeiting Trade Agreement (ACTA) for years have underlined that the new anti-counterfeiting and anti-piracy agreement will not change their national laws, with the United States and the European Union especially firm on this point. Yet the Washington, DC-based Intellectual Property Owners' Association (IPO) in a recent letter, here,
to the US Trade Representative stated concern that ACTA “potentially change(s) United States law by transforming what are the commonly occurring non-counterfeit-types of civil action infringements into activity that is to be punished under federal criminal law.”

WHO Flu Misconduct Debate Polarising As Independent Review Advances

“Exactly a year ago, a very bad decision was taken” by the World Health Organization that now seems “unscientific and irrational,” said Council of Europe parliamentarian Paul Flynn in a late June presentation of a new report on the WHO's actions during the 2009 influenza pandemic.

But opinions heard at an ongoing review of the WHO’s pandemic response were mixed, with some praising the organisation’s work to protect public health and others critiquing what they say is suspicious secrecy.

Comparative Analysis Shows US Patent Office Scores Poorly On Patent Quality

Quality across patent systems has been understudied but a new methodology put forward by the former chief economist of the European Patent Office suggests that the EPO provides higher quality services than its United States and Japan counterparts. Efforts at collaborative work between patent offices are being made but mutual recognition might not be possible or desirable without some harmonisation in the way the different systems operate.

The Biosimilars Pathway: An Invitation To Litigation

Lynn C. Tyler writes: The litigation provisions of the recently-enacted legislation establishing a pathway to bring biosimilars to market contain “patent” ambiguities in key areas, particularly whether the various lists of patents to be litigated are exclusive. Courts will have to resolve these issues over the next several years, likely at great (and unnecessary) expense and uncertainty to litigants.