Original news and analysis on international IP policy
Dave Davis writes: Section 1201 is a curious little section of the US Copyright Act, added by the Digital Millennium Copyright Act (DMCA) of 1998. But the matter covered in that section is of great importance in our digital age and, due to its triennial rulemaking requirement, ‘1201’ exceptions are a topic of considerable discussion every few years. As it turns out, 2018 is one of those years.
Copyright “safe harbour” rules aimed at ensuring the free flow of information by internet service providers without liability for infringing content are “distorting the digital market, profiting tech giants and leading to significant underpayment of copyright owners,” according to an…
The Wellcome Trust, the London-based biomedical research charity, has issued recommendations for improved scientific collaboration after Brexit, including to establish a formal agreement on research and innovation. This includes continued leadership by the UK on open research, and might include expanding the UK patent box scheme, it says.
The German Federal Constitutional Court has agreed to take up a challenge that could potentially derail the Unified Patent Court (UPC). The special - and opaque - procedure under the national constitution allows a single individual to claim constitutional breaches, said Hogan Lovells (Dusseldorf) patent litigator Clemens Plassmann. The lawsuit leaves the UPC in disarray at least until next year, he said.
Meanwhile, in the never-ending feud between European Patent Office (EPO) management and staff, President Benoȋt Battistelli was forced to back off from a planned rule change that would allow him to fire staff members “if the exigencies of the service require abolition of their post or a reduction in staff.”
Some products are too cheap, generic drug companies do not invest in them because they do not make enough money out of them. Others seem astronomically expensive, and are said to include the costs of all research, successes and failures alike. Panellists at a recent Swiss-organised expert event in Bern concurred that something must done about pricing, and explored some surprising ways to do it.
CARB-X , a global private-public partnership for research on antimicrobial resistance, this week announced its 2018 rounds of funding for research on "antibiotics, vaccines, diagnostics, devices and other life-saving products to respond to the threat of drug-resistant bacteria."
Some international organisations are having to gear up to address proposed cuts to their budgets announced this month by the United States, in many cases the major funder. Geneva-based health agencies this week responded that they are counting on the US not to make significant cuts.
The steady increase in innovations relating to new digital technologies, in particular technologies using artificial intelligence, is matched by an upward patenting trend. The European Patent Office recently issued a study on the subject and is preparing a conference in May, while the World Intellectual Property Organization is working on its own in-depth study. However, the current patent system might not be ready for artificial intelligence-related inventions, according to a global standards-setting body.
The Electronic Frontier Foundation launched a project last year to measure progress in artificial intelligence innovations and understand the legal, political, and technical issues potentially raised by those inventions. Some eight months later, the project has tracked rapid progress of those technologies, in particular in machine learning. According to the foundation, patents might be hampering the progress of artificial intelligence, and with the risk of patent trolls claiming rights on patents on machine learning systems.
The United States Patent and Trademark Office (USPTO) is predicting a slight decline in some patent filings for 2018 and 2019, including through the international Patent Cooperation Treaty (PCT) managed by the World Intellectual Property Organization. Trademarks, meanwhile, will likely see slowing growth.