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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

Opposition To Aspects Of Google Book Project Settlement Mounts

Posted on September 18, 2009
Google?s court settlement in the United States that could allow the search engine giant to sell scanned books online is increasingly coming under fire prior to the final hearing in the matter next month. Government entities and groups in the United States and in Europe that oppose the settlement could, at the very least, temporarily derail Google Book Search, according to sources.

Human Rights, Multi-Stakeholder Approach Are European Priority For Internet Governance

Posted on September 18, 2009
Stakeholders gathered this week to discuss a European approach to the governance of the internet in the lead-up to the next global forum on the issue. The second European Dialogue on Internet Governance (EuroDIG) took place in Geneva on 14-15 September and brought together some 200 representatives.

EPO Announces Four Candidates For Next President

Posted on September 17, 2009
The European Patent Office today announced four people in the running to replace its current president, Alison Brimelow, who is not seeking another term after hers expires on 30 June 2010.

Brimelow Stresses Need For Better Patent System; Discusses Harmonisation

Posted on September 17, 2009
The way the patent system is currently structured rewards slowness and low quality, but the needed changes will have to include a new revenue model, a top European patent official said today.

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France: Domain-Name Registrars Exempt From Trademark Liability

Posted on September 17, 2009
A French court recently decided to exclude domain name registrars from liability for trademark infringing domain names registered by their customers in a case involving 13 large French companies against Luxembourg domain name registrar EuroDNS. The Third Chamber of the “Tribunal de Grande Instance de Paris” by the judgment on 26 August (in French) confirmed [...

Last Cheaper AIDS Medicines For Rwanda Under WTO

Posted on September 17, 2009
The 18th of September will mark the last shipment of lower-cost HIV/AIDS medicines from Canada to Rwanda under a World Trade Organization-sanctioned arrangement. The first shipment of the antiretroviral combination drug manufactured by Canadian pharmaceutical company Apotex was sent in September 2008, the second one had to take place in September 2009...

Technology Transfer Will Be Part Of Copenhagen Climate Deal

Posted on September 16, 2009
COPENHAGEN - Technology transfer is bound to be part of a possible new international climate deal at the high-level meeting in Copenhagen in December, according to officials. Meanwhile, international economists have concluded that such transfers constitute a win-win situation for developed and developing countries when it comes to combating climate change.

France’s HADOPI 2 Passes

Posted on September 15, 2009
[Correction: Before the bill can become law, the National Assembly and Senate must combine their passed bills, according to sources] French legislators today approved, by a vote 285 to 225, a pioneering bill (in French) allowing authorities to cut off internet access and impose fines on those found to have downloaded copyrighted material without authorisation...

Brevetage des g�nes: la r�sistance se renforce aux Etats-Unis et en Europe

Posted on September 14, 2009
L?action en justice intent�e r�cemment contre le Bureau am�ricain des brevets et des marques de commerce par une entreprise de biotechnologie et une fondation concernant des brevets sur les g�nes associ�s au cancer a permis d?attirer l'attention de l?opinion internationale sur la question du brevetage des g�nes humains, une pratique contre laquelle un groupe d'associations influentes a exprim� son opposition le 27 ao�t.

New EU Communication On Increased IP Enforcement

Posted on September 14, 2009
The European Commission Trade Directorate today adopted a "communication on enhancing the enforcement of intellectual property rights" within the European Union internal market that aims at greater coordination but stops short of new legislative measures.

Will KSR’s Effect On Small Molecule Patents Be Limited?

Posted on September 14, 2009
Four recent Federal Circuit decisions suggest that small molecules are special and may be relatively unaffected by the US Supreme Court KSR decision, write Photon Rao and George Best.

Brasil-EE UU: la resoluci�n de la OMC autorizar�a medidas de retorsi�n cruzada contra DPI

Posted on September 13, 2009
Seg�n un informe arbitral que la Organizaci�n Mundial del Comercio (OMC) ha publicado en el contexto de una diferencia entre el Brasil y los Estados Unidos (EE UU) sobre subvenciones al algod�n americano, el primer pa�s tendr�a derecho a adoptar contramedidas en materia de comercio en contra de EE UU y, en determinadas circunstancias, a suspender obligaciones en materia de propiedad intelectual (PI).

Une entreprise d?Antigua relance le d�bat sur la mise en application de la r�torsion crois�e pr�vue par l?Accord de l?OMC sur les ADPIC

Posted on September 13, 2009
Un site Internet proposant de la musique et des films en t�l�chargement illimit� pour un prix d�risoire cherche � tirer profit d?une d�cision d?arbitrage prise en 2007 par l?Organisation mondiale du commerce (OMC) concernant un diff�rend entre l?�le antillaise d?Antigua-et-Barbuda et les �tats-Unis, par laquelle Antigua a re�u l?autorisation de suspendre certaines de ses obligations en mati�re de propri�t� intellectuelle vis-�-vis des �tats-Unis...

Survey: US 18th In Global IP Protection

Posted on September 13, 2009
The United States, often seen as toughest on other nations for their perceived failure to protect US intellectual property rights, was itself 18th in the world in such protection last year, according to the latest World Economic Forum survey on competitiveness...

20,000 March In Berlin As Protests Erupt Against European Surveillance

Posted on September 12, 2009
Over twenty thousand people today marched through the German capital of Berlin protesting against the rise of surveillance legislation in their country and the European Union in recent years. Under the motto “freedom not fear,” 167 organisations, including major trade unions, associations of lawyers, judges, journalists, doctors and civil rights activists, called on the German [...

Funds For US State Dept. Global IP Enforcement Training

Posted on September 11, 2009
The United States State Department has received requested funding to operate 11 projects totalling nearly $4 million in fiscal year 2009 “combat transnational crime and promote the protection of intellectual property rights worldwide,” according to State...

IP, Technology And The Next Green Revolution For Africa

Posted on September 11, 2009
Achieving poverty alleviation, particularly in rural areas, will require aid to agriculture, on which three-quarters of the world's poorest depend for their livelihoods. Intellectual Property Watch asked Kanayo Nwanze of the International Fund for Agricultural Development to explain how to best create incentives for technology development aimed at helping smallholding farmers, how to achieve agricultural growth without damaging the environment, and how to use intellectual property to forward those goals.

?Positive Noises? On Resuming Talks On WIPO Audiovisual Performances Treaty

Posted on September 09, 2009
The World Intellectual Property Organization this week may have witnessed the beginnings of a resumption of high-level negotiations on an international treaty on the protection of audiovisual performances.

Non-Commercial Groups Oppose Changes In ICANN Committee

Posted on September 09, 2009
Structural reforms within the Internet Corporation for Assigned Names and Numbers (ICANN) that altered the representation of non-commercial interests of internet users in ICANN policy development are ?seriously flawed,? according to the body?s non-commercial users? group...

Third Revision Of Patent Law In China

Posted on September 08, 2009
Wenting Cheng writes: More than 20 years have passed since the Patent Law in the People?s Republic of China came into force in 1985. The third amendment of Chinese Patent Law will enter into force from 1 October, 2009. This article explores the major changes in substantive requirements for patent grant, post grant enforcement and adaptation of Chinese patent law to international norms on the protection of intellectual property.

WTO Ruling On Brazil Cotton Opens Door To Cross-Retaliation Against IP Rights

Posted on September 07, 2009
The World Trade Organization has issued an arbitration report in a dispute between the United States and Brazil over US cotton subsidies, giving Brazil the right to use trade countermeasures against the US, and in certain circumstances to suspend intellectual property obligations.

Early Drafts Show Disagreement On UN Framework For Climate Services

Posted on September 04, 2009
Senior officials from well over 100 nations at a five-day United Nations conference on Thursday issued a succinct declaration committing them to establish a global framework on the delivery of products and services related to climate change. But earlier negotiating versions of the declaration from the week obtained by Intellectual Property Watch show substantive disagreement and the removal of pages of draft text.

USPTO-Pfizer Workshop On IP & Innovation In Mumbai

Posted on September 04, 2009
The United States Patent and Trademark Office is teaming up with US pharmaceutical company Pfizer to hold a workshop in Mumbai, India on 9 September on “intellectual property and innovation in the pharmaceutical industry.” Presentations at the nongovernmental session will include Dominic Keating of the US embassy in New Delhi speaking on “incremental innovation and [...

Punke Nominated As WTO Ambassador; Stoll To Succeed Doll As US Patent Commissioner

Posted on September 03, 2009
The Obama administration on Thursday announced several key changes related to intellectual property rights and trade.

Company Pushes Debate On Implementing WTO TRIPS Cross-Retaliation

Posted on September 03, 2009
A website providing unlimited music and movies for a token price is seeking to take advantage of a 2007 World Trade Organisation ruling between the Caribbean nations of Antigua and Barbuda and the United States, which granted Antigua the right to suspend some US intellectual property rights obligations...

Novartis Persists In Challenge To Indian Patent Law; India Rejects More AIDS Drugs Patents

Posted on September 02, 2009
Undeterred by two previous decisions by Indian authorities holding that under Indian Patent Law, its leukaemia drug - Gleevec is not patentable, Novartis now wants to take the fight to the Indian Supreme Court. Meanwhile, also this week, sources say Indian authorities rejected applications for patents on two HIV/AIDS drugs, opening the way for cheaper generic versions to be developed and marketed.

Gene Patenting In Question In The US, EU; New Resistance Effort

Posted on September 02, 2009
A recent lawsuit involving patents on human genes related to cancer brought against the United States patent office, a biotechnology company and a foundation has attracted international attention to the issue of gene patenting, and on 27 August a group of influential associations voiced their opposition to such patents.

UN Climate Report Envisions Modified TRIPS As Governments Seek Progress

Posted on September 01, 2009
Scientists and bureaucrats meeting this week on climate change and weather data are struggling to move global discussion past general declarations of recognition and commitment to address environmental change. One bump under the rug at the United Nations conference is rights over environmental technologies, and a new UN report released Tuesday made a strong call for investment and a focus on flexibilities in and possible changes to intellectual property rights rules to help developing countries access the information and technologies they need.

Digital Library Europeana Said To Be Europe?s Answer to Google Books Settlement

Posted on August 28, 2009
Google?s settlement in the United States of copyright infringement claims by authors and book publishers faces strong opposition from European publishers. The deal does not apply to books outside the US and one Google official has suggested the need for a similar service in Europe...

Informal UN Climate Talks Indicate Continued Divergence On IP Issues

Posted on August 28, 2009
With 15 scheduled negotiating days left before a meeting in Copenhagen meant to set the global sustainability agenda for the next several years, the head of the United Nations agency tasked with coordinating the global effort to fight climate change has issued an urgent call for more speed toward convergence on all parts of the upcoming climate change agreement, especially on IP-related text - lest the entire thing fall through.

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