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Intellectual Property Law

Intellectual Property Watch 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

Recent Entries: 1600

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US Industrial Policies, R&D, And The WTO?s Definition Of Non-Actionable Subsidies

Posted on December 23, 2010
The US organizes a sophisticated industrial policy regime by exploiting an exception in the World Trade Organization agreement that allows governments to subsidize research and development carried out by private firms, writes Professor Fred Block. Related Articles:Dawn Of WIPO Industrial Design Treaty Talks; Internet As Trademark Danger Zone As WTO Reviews China, EU, US Criticise Its Policy On Innovation, IP Rights The Great Firewall of China: When Does Online Censorship Violate WTO Rules?


December/January Edition Of IP-Watch Monthly Reporter Now Available

Posted on December 22, 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 December/January edition is now available for subscribers at: http://www...


UK Review Seeks Evidence On IP And Growth

Posted on December 21, 2010
An independent review of intellectual property rights and economic growth in the United Kingdom has issued a call for evidence on how the IP system can best support growth. Related Articles:Journalism Professor To Lead UK Review Of IP & Growth US Seeks Comments on Internet Access and Copyright Chan Denies Pharma Influence As WHO Review Proceeds


Obama Urged to Sign ‘Anti-Troll’ Patent Bill

Posted on December 20, 2010
President Obama is being pushed to sign into a law a bill passed by the United States Congress that would create six pilot programmes nationwide aimed at increasing expertise among district court judges in dealing with patents. Proponents consider the bill help against non-producing, patent owning companies that make a business of suing to defend the patents they own...


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Both Sides Of US Copyright Wars Reloading For 2011

Posted on December 20, 2010
Two sides of the ongoing struggle to balance stronger copyright protection and access to knowledge in the United States are re-arming themselves for battle in 2011. By the looks of it, it could be a litigious New Year. Related Articles:Special Report: Are Copyright Trolls The Future Of Digital Content Protection? Review Of US Digital Millennium Copyright Act Brings New Exemptions European Broadcasters Call For Easier Copyright Clearance For Online Content


Efforts To Limit Effects Of TRIPS In India Might Not Be Working, Study Says

Posted on December 17, 2010
Strategies may be failing to ensure developing countries? implementation of global trade rules for intellectual property protection does not squelch access to affordable medicines worldwide, according to a study presented this week. Related Articles:EU-India Trade Talks Resume Under Cloud Of Concern For Public Health Minister: India Anticipates European Fix To Law Delaying Generics Shipments Patent System Mainly Serves Select Developed Country Industries, Study Says


US State Dept. Details Global Anti-Piracy Projects

Posted on December 17, 2010
The United States State Department today released information about 15 projects worldwide this year aimed at training officials and prosecutors in intellectual property rights protection. The full press release follows. Related Articles:Wide Industry Coalition Backs US Internet Anti-Piracy Bill Global Anti-Counterfeiting Efforts Set To Rise Further Coverage Of Anti-Counterfeit Policy Debate Varies Widely Across Global Media


US Ambassador: Over-Focus On Development “Will Kill” WIPO

Posted on December 17, 2010
The World Intellectual Property Organization is headed in a controversial direction, and a focus on development at the expense of protection of intellectual property rights will mean the end of the agency, the United States Ambassador Betty King said yesterday...


USPTO Deputy Director To Leave Next Month

Posted on December 17, 2010
The United States Patent and Trademark Office today announced that USPTO Deputy Director Sharon Barner will leave office on 14 January. Related Articles:USPTO Director David Kappos Speaks On Need For IP Cooperation Changes At USPTO, Sidley’s Geneva Office USPTO Seeks Comment On New Patent Process


US Ambassador In Geneva Defends Privacy In UN Pandemics Negotiations

Posted on December 17, 2010
The United States Ambassador to the United Nations in Geneva this week offered a frank assessment of the UN system of dealing with pandemic diseases, and defended the need for governments to negotiate in secret to work out remaining differences. Related Articles:WHO Members Again Attempt Global Plan Against Pandemics Geneva Health Forum Addresses Biotech, Trade, Pandemic Flu Europe Told Of Obligations On Virus Benefit-Sharing


WIPO?s Gurry Says ?Crisis In Multilateralism? Bringing Changes To IP

Posted on December 16, 2010
The rapid pace of technology and dramatic shifts in the global economy will bring change to the multilateral structure set up after the Second World War, and these changes will affect the intellectual property system, World Intellectual Property Organization Director General Francis Gurry said this week...


Calls At UN For An International Body To Prevent Internet Control

Posted on December 15, 2010
Opinions were divided in a United Nations consultation yesterday in New York on enhanced cooperation of public policy issues pertaining to the internet, whether two bodies on the issue are needed. Related Articles:Internet Governance 2010: Future Of The IGF, Competition Among Institutions ICANN Head Sounds Policy Alarm On Rapidly Shrinking Internet Space Controversy Over New IGF Mandate, UN Role In Internet Governance


UN Climate Talks Find Make-Do Solution; IP Rights Dismissed

Posted on December 14, 2010
The United Nations climate change conference closed at dawn last Saturday, with a make-do package of decisions advantageously labelled the ?Cancun Agreements?. Intellectual property rights have all but disappeared from the texts as Bolivia stood alone in disagreement and was shush-gavelled...


Europe Told Of Obligations On Virus Benefit-Sharing

Posted on December 14, 2010
In what may be the first legal reference to newly adopted international rules on sharing the benefits of and access to genetic resources, nongovernmental groups have sent letters to top European health officials reminding them of these obligations in the context of influenza viruses and access to vaccines - a topic under debate this week at the World Health Organization...


WTO Members Discuss GIs As EU Proposes Higher Regional Protection

Posted on December 13, 2010
World Trade Organization members last week agreed to work on a draft text for an international register of geographical indications for wines and spirits by April 2011. Meanwhile, the European Commission took steps last week to raise GI protection within the region...


WIPO Members Move To Detailed Talks Toward Folklore Treaty

Posted on December 10, 2010
Delegates negotiating early stages of a treaty on traditional cultural expressions this week got down to details of what to protect, from whom and how in late-night drafting sessions at the World Intellectual Property Organization, and found a work plan for the immediate future on genetic resources as well...


IP Issues In Shadows At Climate Change Conference

Posted on December 10, 2010
As delegates in Cancun, Mexico, neared the end of their search this week for consensus on how to stop climate change, intellectual property issues were being set aside for later. Related Articles:UN Climate Change Talks Start With Little Faith From Observers UN Climate Talks Find Make-Do Solution; IP Rights Dismissed Human Survival Depends On Shared Technology, Says New UN Climate Chief


Does EU-India FTA Serve Mutual Interests? Policymakers, NGOs Disagree

Posted on December 10, 2010
The proposed European Union-India free trade agreement was one of the top issues at the 11th EU-India Summit held in Brussels today. But two sides of the story are being told about who will benefit or lose. Related Articles:Lack Of Transparency In EU-India FTA Talks Spurs Requests For Halt EU-India Trade Talks Resume Under Cloud Of Concern For Public Health Risk Of Wrongful Medicines Seizures Seen In EU-Central America Trade Deal


Some Processes For Plant Production Banned From Patentability In Europe

Posted on December 10, 2010
The European Patent Office Enlarged Board of Appeal yesterday gave its decision on the so-called ?broccoli? and ?tomato? cases, and excluded ?essentially biological processes for the production of plans (or animals)? from patentability. Related Articles:African Plant Extract Freed From German Patent Year Ahead: Biotech And Patentability Under Debate In The US, EU Draft Report Of Plant Variety Protection Council Now Available


Uproar Over Government-Only Internet Governance Forum

Posted on December 09, 2010
Civil Society and industry stakeholder groups are up in arms against a decision by the bureau of the United Nations Committee on Science and Technology for Development to task only governments with the decision on improvements for the Internet Governance Forum...


What If There Were An Application For Dot Wikileaks?

Posted on December 09, 2010
What would happen if the Internet Corporation for Assigned Names and Numbers (ICANN) received an application for a .wikileaks top level domain name (TLD) next year, under its new system of opening up the internet for domains? It could make an interesting example of how well the complex system to apply for new TLDs works and how much political intervention is possible in the system...


WHO To Define Traditional Medicines Standards

Posted on December 07, 2010
The World Health Organization intends to develop a new classification scheme for traditional medicine intended to provide web-based platform for users to document ideas and terms used in traditional medicine. Related Articles:WHO Moves IP, Innovation Out Of Director General’s Office Medicines Patent Pool Seeks Business Director Agencies Talk Cooperation On Medicines Access; Stakeholders Cautious


Study Of Public Domain, Copyright At WIPO Offers Recommendations

Posted on November 26, 2010
A better definition of the public domain is needed, but copyright and public domain are not antagonistic, said a study commissioned by the World Intellectual Property Organization presented this week. Also this week, a book on the role of copyright in access to knowledge in Africa was launched...


Friction Arises Over WIPO Development Agenda Coordination

Posted on November 25, 2010
Member states of the World Intellectual Property Organization this week are working through details of projects related to boosting the UN agency?s development orientation. But simultaneous closed, informal meetings on a mechanism for coordinating WIPO Development Agenda activities have proven more difficult, as developed countries try to contain the spread of the development committee?s influence ? and work through their own differences, according to sources...


Should WIPO Lead Creation Of A Global Repertoire Database?

Posted on November 22, 2010
To solve many of the dilemmas facing copyright holders in the digital age, some say the World Intellectual Property Organization must create and administer an international repertoire database, compiling information about who owns what rights related to specific artistic works...


WIPO Works On Its Development Agenda Implementation This Week

Posted on November 22, 2010
Members of the United Nations World Intellectual Property Organization this week are in discussions on how to ensure that WIPO activities are development-oriented. A particular focus will be the implementation of a Development Agenda coordination mechanism approved at the last session in May...


Global Copyright Licensing Doubts And What To Do About It

Posted on November 21, 2010
What do the fearsome leader of France?s three-strikes agency, a top Microsoft counsel, Google?s copyright counsel, a free software activist, Egyptian and British librarians, a South American development-oriented academic, and a European music authors? representative have in common? While one might be tempted to say, ?very little?, a recent gathering showed one thing - they represent the very wide range of current views on the future of copyright licensing...


Making The Case For Responsible Science For A Safe Environment

Posted on November 19, 2010
Innovation or ?jugaad? has always driven the Indian economy. However, the last decade has been witness to an emerging paradigm shift to high-quality value-added innovation, writes industry lawyer Sunita K. Sreedharan. Related Articles:Year Ahead: Key Year For Biodiversity, Environment, Food Security, Traditional Knowledge Public Gets A Taste Of WIPO, Policy Debate On IP And Environment EU-India Trade Talks Resume Under Cloud Of Concern For Public Health


Final ACTA Text Released

Posted on November 16, 2010
The United States Trade Representative has released the final text of the Anti-Counterfeiting Trade Agreement [pdf], though it is still "subject to legal review." This text, dated 15 November, is the agreed finalised version, according to a USTR press release...


WIPO Copyright Committee Agrees To Extra Time On Visually Impaired Access

Posted on November 15, 2010
The World Intellectual Property Organization copyright committee has reached an eleventh-hour agreement on a work programme that could help ease access to reading materials for the visually impaired. Related Articles:WIPO Copyright Committee Tackles Visually Impaired Access, Other Exceptions WIPO Copyright Committee In Fight To Overcome Differences On Exceptions, Limitations WIPO Draft On Visually Impaired Shows Breakthrough; A-V Treaty Negotiation Under Discussion


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