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Intellectual Property Law

Intellectual Property Watch

Reports on the interests and behind-the-scenes dynamics that influence the design and implementation of international intellectual property policies.
By Intellectual Property Watch

Post Frequency: 15.8/day

Last Entry: April 01, 2011 at 09:41:17

Semicolon Leads To Breakthrough In Long-Stalled Negotiations

Posted on April 01, 2010
Applause burst from the plenary chamber this week as delegates at last found, in a semicolon, the solution to a long-running and at times sharply divided multilateral negotiation. Related Articles:Lamy To Meet With WTO Membership On IP Issues; Breakthrough Unlikely IP Rights In A Quiet Tug-Of-War At UN Climate Change Negotiations WIPO Draft On Visually Impaired Shows Breakthrough; A-V Treaty Negotiation Under Discussion

Débat houleux lors d?une réunion d?information organisée par l?OMS sur les médicaments contrefaits

Posted on April 01, 2010
Alors que l?Organisation mondiale de la Santé (OMS) continue de travailler sur la question des médicaments contrefaits, une réunion organisée en fin de semaine dernière a révélé des inquiétudes quant à la manière dont ce travail est mené. Related Articles:Pour les experts, l?accès à des médicaments sûrs est une question de santé publique et non de propriété intellectuelle Une entreprise d?Antigua relance le débat sur la mise en application de la rétorsion croisée prévue par l?Accord de l?OMC sur les ADPIC Accès aux médicaments : création d?un groupe de travail chargé de contrôler les accords de libre échange conclus par l?Union européenne

China?s Latest Draft Disposal Rules For Patents In Standards: A Step Forward?

Posted on April 01, 2010
On 21 January, 2010, the China National Institute of Standardization (CNIS) issued and requested comments from all stakeholders on its Disposal Rules for Inclusion of Patents in National Standards (Disposal Rules). Related Articles:China Draft Law Proposes New Patent Standards Take Two: China?s Proposed Regulations For Patent-Involving National Standards China?s Standards And Patent Innovation Proposals: Problems For IPR And Global Trade?

Pointed Exchange Of Views At WHO Briefing On Counterfeit

Posted on March 31, 2010
Work to address counterfeit medicines continues at the World Health Organization, but a meeting late last week revealed ongoing concerns about the way it is being conducted. Related Articles:Counterfeit Medicines At WHO: Off Board?s Agenda, Still On Secretariat’s Kenya Pressured To Implement Anti-Counterfeit Law Despite Access Fears Off The Agenda, Counterfeits Still Draw Attention At Health Assembly

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March/April Edition Of IP-Watch Monthly Reporter Now Available

Posted on March 31, 2010
The Intellectual Property Watch Monthly Edition features top news on international IP policymaking, the latest on who is coming and going in the international IP community, news briefs and more. The March/April edition is now available for subscribers at: http://www...

Proponents Seek To Develop Policy Potential Of US Geographical Indications

Posted on March 31, 2010
Advocates of stronger protection of geographical indications are working to develop greater awareness in Geneva policy circles, trying to win over countries reluctant to adopt a specific GI protection system. Related Articles:Panel Explores Use Of Geographical Indications For Development Turning Points Ahead For WTO Geographical Indications, Biodiversity? Proponents See WTO Session On GI Register Ready For Substantive Talks

WHO Undertakes Independent Review Of Its Pandemic Flu Efforts

Posted on March 30, 2010
The World Health Organization?s handling of the recent pandemic influenza outbreak will be examined by an independent panel of experts beginning in April. Meanwhile, new reports from the WHO are available on influenza and on intellectual property and innovation.

US Court Ruling Casts Gene Patenting Into Doubt

Posted on March 30, 2010
A New York federal court ruled yesterday that patents on genes associated with hereditary breast and ovarian cancer are invalid, in the first time a court decided that patents on genes are unlawful, according to the American Civil Liberties Union (ACLU).

USTR Names New Ambassador To WTO; Ag Negotiator

Posted on March 29, 2010
Two officials have been appointed to the Office of the United States Trade Representative: Michael Punke as deputy USTR and permanent representative to the World Trade Organization in Geneva, and Isi Siddiqui as the new chief agricultural negotiator. Punke was previously a senior policy advisor in the USTR on agriculture and intellectual property, and was the [...

Lamy: “Not Where We Wanted To Be” In WTO Round

Posted on March 28, 2010
World Trade Organization Director General Pascal Lamy on Friday said that there are “technically no insurmountable obstacles” in resolving the long-struggling Doha Round of trade liberalisation talks this year, but that this timeline was always a political rather than technical one...

Leaked ACTA Text Shows Possible Contradictions With National Laws

Posted on March 28, 2010
?No changes in domestic? law promised the partners currently negotiating the Anti-Counterfeiting Trade Agreement. A leaked 56-page recent consolidated version of the much-discussed agreement shows that this might not be completely true. The draft version with a lot of bracketed text in it shows that some countries are more open about the potential need to change their domestic laws than others.

British Official To Lead UPOV As Civil Society Interest Rises

Posted on March 28, 2010
The International Union for the Protection of New Varieties of Plants (UPOV), an intergovernmental agency that provides technical advice and guidelines for the identification and protection of new plants, will have a new leader for the first time in a decade, it was decided Friday.

Right To Food Mandate Renewed By UN Agency

Posted on March 25, 2010
The UN Human Rights Council yesterday extended the mandate of the Special Rapporteur on the right to food for three years. The resolution, A/HRC/13/L.17, adopted without a vote, requests that the special rapporteur ?continue to monitor the evolution of the world food crisis and to maintain the council informed of the impact of the crisis [...

Google Claims Ads Found Not Infringing Trademarks

Posted on March 23, 2010
The European Court of Justice has ruled that Google did not infringe trademark law ?by allowing advertisers to bid for keywords corresponding to their competitors? trademarks,? according to the Google blog. The internet search engine said it is satisfied with the ruling which, ?confirmed that European law that protects internet hosting services applies to Google?s AdWords [...

China Tells WTO: Obligations Fulfilled On IP Dispute Case

Posted on March 22, 2010
China on Friday briefed the World Trade Organization on improvements in its intellectual property rights enforcement needed to bring it into compliance with a dispute settlement decision made last year.

Phillip Articola: The Forest Group Decision Has Led to a Great Rise in Patent Marking Lawsuits

Posted on March 22, 2010
The recent Forest Group case decided by the United States Court of Appeals for the Federal Circuit (CAFC) has made it more financially viable for plaintiffs to sue for under the false marking patent statute (35 U.S.C. § 292). However, legislation currently before Congress, as well as another patent marking case to be decided by the CAFC in the near future, Pequignot v...

Biodiversity Negotiators Seek To Finalise Draft Access, Benefit-Sharing Regime

Posted on March 22, 2010
Delegates to the UN Convention on Biological Diversity today begin the last formal meeting before a late-2010 deadline to negotiate an agreement ensuring fair and equitable access to and benefits from the world?s scarce biological resources.

EU To Request Publication Of ACTA Documents To Stop ?Rumours?; Civil Society Meeting Planned

Posted on March 22, 2010
Europe will request the publication of the current drafts for the Anti-Counterfeiting Trade Agreement (ACTA) at the next ACTA negotiating meeting in New Zealand in April, EU trade official Luc Devigne said today. Speaking at the third EU stakeholder meeting on the hotly debated ACTA today in Brussels, Devigne also said there is also a meeting with civil society planned to take place alongside the New Zealand round.

WIPO Sees Decrease In Cybersquatting Complaints, Warns Of Domain Name Expansion

Posted on March 22, 2010
The expansion of internet domain names as proposed is worrying to trademark owners as a significant number cybersquatting cases continue to be filed in the World Intellectual Property Organization dispute resolution system, WIPO said this week. Meanwhile internet intermediaries should play a bigger role in the fight against trademark infringement, WIPO officials said.

Forest Group Decision Has Led To Great Rise In Patent Marking Lawsuits

The US-Cotton Case: The Truth Behind Brazil?s Cross-Retaliation Against US Intellectual Property

Posted on March 18, 2010
In a recent speech at the Export-Import Bank's annual conference, US President Obama said the US Trade Representative will use its "full arsenal" to combat "practices that blatantly harm" US businesses, and that includes "enforcing existing [US] agreements...

2009 Tough For International Trademark Filings; 2010 Looking Up

Posted on March 18, 2010
International trademark filings plummeted in 2009 but trends should be reversed as the global economy regains strength with signs already showing in 2010, World Intellectual Property Organization?s Director General Francis Gurry said today.

Influential EU Industry Group Urges Stronger IP Focus In Trade Relations

Posted on March 18, 2010
Greater emphasis should be placed on intellectual property issues in the European Union?s trade relations with developing countries, a leading employers group has recommended.

New US Broadband Internet Plan Scrutinised; Cybersecurity Bill Includes IP

Posted on March 17, 2010
The United States Federal Communications Commission?s newly released plan to expand broadband internet access within the country was well-received from several sides of the digital rights debate, with some questions. Separately, a new cybersecurity bill introduced in the US Congress today includes measures to protect intellectual property rights.

European Broadcasters Call For Easier Copyright Clearance For Online Content

Posted on March 17, 2010
European Union copyright law needs to be amended so that the clearance of copyrights is simplified for online content, the European Broadcasting Union said today. The group presented the results of an analysis it conducted today at the European Parliament in Brussels.

Public Health Policy In 2010: Research Funding And Regulations

Posted on March 17, 2010
Finding ways to fund research and regulating medication is critical to international public health policy and intellectual property rights specialists in 2010.

UK IP Minister Lammy Backs EU Release Of ACTA Text

Posted on March 17, 2010
David Lammy, United Kingdom Minister for Intellectual Property, today said the UK supports the European Union’s position that the text of the Anti-Counterfeiting Trade Agreement (ACTA) should be made public. ?The UK has long been in favour of greater transparency in the ACTA negotiations, so I am very pleased that EU has now agreed that [...

Le Conseil des ADPIC envisage la tenue d?un atelier sur un amendement relatif à la santé publique

Posted on March 16, 2010
Le groupe Propriété Intellectuelle de l?Organisation Mondiale pour le Commerce s?est réuni plus brièvement que prévu, le 2 mars 2010, pour discuter d?un éventuel atelier sur un amendement visant à faciliter l?accès à des médicaments génériques abordables pour les pays dépourvus d?industrie pharmaceutique, d?une nouvelle proposition de la Bolivie, et de trois questions de propriété intellectuelle qui, bien qu?anciennes, n?ont pas connu de développement significatif.

Lamy: IP Gaps “Illuminated,” But Not Narrower

Posted on March 16, 2010
World Trade Organization Director General Pascal Lamy has announced to member states that governments’ differences on two key intellectual property issues have been “better illuminated” by an ongoing informal consultation process, though he added, “I would not say that the gaps are narrower...

Brazil Starts Public Consult On Retaliation Against US IP Rights

Posted on March 15, 2010
The Brazilian government today announced the start of a process of public consultation on suspension of concessions or obligations of intellectual property rights from the United States. The government on 15 March published a resolution of the Chamber of External Trade (CAMEX) launching the consultation, according to a Brazilian government press release...

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