Category Regional Policy

European Commission Eyes Update Of EU Standards-Setting Policy

As standardisation increasingly takes place at the global level, Europe needs a speedier, more streamlined way to set the technical specifications that define requirements for products, production processes, services and test methods, the European Commission said today. As part of its single market strategy, the EC announced plans for a joint initiative on standardisation (JIS), guidance to boost the development of European standards, and an annual reporting system among EU institutions on how the standardisation policy is working and contributing to competitiveness, jobs and growth.

EU Council Green-Lights Trade Secrets Directive

The European Union trade secrets directive passed its final hurdle on 27 May when EU governments backed compromise text approved by the European Parliament on 14 April. Once the law has been formally published, member states will have up to two years to incorporate its provisions into domestic law.

Leaked EU Document Lays Out Major Evaluation Of EU Drug Pricing

The 28 European Union member governments are preparing to request the European Commission to conduct an in-depth evaluation of the availability and affordability of EU medicinal products that could lead to changes in R&D and pricing models. An apparent first-of-its-kind, the assessment would look at market and data exclusivity, supplementary protection certificates, and intellectual property issues, according to an alleged copy of the draft Council conclusions obtained by Intellectual Property Watch.

US High Court To Consider IP Protection For Clothing Design

Fashion in the US generates over $330 billion in annual revenues, but it is more than a business. Fashion is a well-recognized art, displayed in numerous museum exhibitions throughout the world. This art, however, receives little IP protection in the US. But a case before the US Supreme Court could change that.

Guilty As Charged? Pakistan And The Special 301 Reports

Owais Hassan Shaikh writes: According to the section of US law on Special 301 reports, a country may be considered a priority foreign country even when it is fully compliant with the WTO Agreement on the Trade-Related Aspects of Intellectual Property Rights (TRIPS), the main multilateral agreement on IP rights today. Hence, this legislation and the determinations made in the Special 301 reports prioritize protection of commercial interests of the US nationals.

Can Patents Ever Be “Ever-Greened”? The Answer…They Are “Never-Greened”

“Ever-Greening of Patents” has been an expression that has been extensively used in debates related to the global pharmaceutical industry at least since the last two decades. Interestingly, this term has never been statutorily defined and hence has been applied most freely by professionals, policy makers and politicians alike. It would be appropriate to objectively examine whether patents in any jurisdiction can ever be “ever-greened”. A fitting initiation to this debate is the very concept of what a patent is from the very first principles, writes Prabuddha Ganguli.

News Reports And Fair Dealing: Moneyweb v Media24

The recent decision involving Moneyweb and Media24 (Moneyweb (Pty) Limited v Media 24 Limited & Another [2016] ZAGPJHC 81) is an important one for copyright lawyers in South Africa because it is the first time that two provisions relating to news reporting of the Copyright Act 1978 (the Act) have been judicially considered, namely, sections 12(1)(c)(i) and 12(8)(a). In fact, it is the first time that the application of the fair-dealing provision, section 12(1), has received any judicial consideration, whether in the context of news reporting or otherwise.