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US Section 301 Update On China: Systematic Espionage, Plundering Of IP In US, EU, Australia, Japan

The Office of the United States Trade Representative's (USTR) latest update of its "Section 301" investigation of China's alleged theft and manipulation of US intellectual property rights, technology transfer, and trade secrets released today contains a litany of cases of China's nefarious behaviour in the US as well as Europe, Japan, Australia and elsewhere.

Industry News

Convention On Biological Diversity Biennial Meeting Looks At How New Technologies Will Affect Its Objectives

Member countries of the UN Convention on Biological Diversity are meeting in Egypt for its biennial conference of the parties, and the conference of the parties of its protocol on access and benefit sharing, until the end of November. New technologies are high on the agenda of the meeting, such as synthetic biology and genetic sequence information of genetic resources, and how they will impact the convention's objectives. Delegates are also expected to discuss a potential global multilateral benefit-sharing mechanism, and criteria for international specialised instruments of access and benefit-sharing which could substitute the protocol's obligations in certain cases.

Industry News

Inside Views: The Bumpy Road To Selection Patents In India

Namrata Chadha, of K&S Partners, a Tier 1 Indian law firm, discusses various crucial aspects relating to patenting of selection inventions in India, especially in pharmaceuticals and chemicals. Summary: The patenting of selection inventions is not plain sailing in India. The patentability of such inventions must be determined in accordance with the general provisions of the Indian Patents Act, as there is no separate provision for the same in the Act. Of the said general provisions, the assessment of inventive step and testing under section 3(d) of the Indian Patents Act can be perceived as the most critical to patentability of selected novel species. Additionally, the concepts of ‘implicit disclosure’ and the contrasting views on ‘coverage vs disclosure’ frequently makes it challenging for applicants to defend their novel selection under the Indian scenario. Given the lack of enough precedents in India on this aspect, to date the fate of selection patents depends mostly on the judgement of the patent controllers. Not all hope is lost, however, since not only the Indian Patent Office, but also the IPAB and higher Courts have time-and-again acknowledged the existence of selection patents in India.

Industry News

A Look At The Proposed EU IP Exception To Promote Generic, Biosimilar Industry Competitiveness

The European Commission has proposed an exception to the extended period of patent protection that the European Union provides to original drug manufacturers for certain products, in order to boost the competitiveness of EU generic and biosimilar industries in global markets. The exception will allow EU generic and biosimilar companies to manufacture protected drugs for export during this patent extension period. Stakeholders are so far unhappy with the exception. Meanwhile, studies analyse its potential economic impacts and legal implications, and the Commission remains confident that safeguards it is putting in place will keep the lower-priced medicines from making their way back into the EU.

Industry News

EU High Court Rejection Of Copyrights For Food Tastes Worries Rights Holders

A food’s taste cannot be pinned down with enough precision and objectivity to make it copyrightable under EU law, the European Court of Justice (ECJ) said on 13 November. The decision creates a new standard that could be applied to all European copyright works, but would likely be the same under US law, intellectual property lawyers said.

Industry News

European Governments Step Up Attention To Internet Governance

PARIS -- In its thirteenth year, the UN-led Internet Governance Forum finally seems to be able to turn the tide and get much-needed attention from powerful governments. Opened by a UN Secretary General for the first time since its inception and receiving the accolade of French President Emmanuel Macron, the forum looks toward a brighter future. But how to work as a multistakeholder body remains experimental in many regards.

Industry News

China’s Xi Jinping Signals Higher Focus On IP, Market Opening To Ease US-Sino Tensions, But Global Leadership Friction In Innovation To Persist

SHANGHAI, China -- The President of China, Xi Jinping, in a keynote address on 5 November to political and business leaders attending the opening of the first China International Import Expo (CIIE) in Shanghai sent a strong diplomatic signal that Beijing will push ahead with further opening up of the economy to more international competition. In a move to try and ease US-Sino tensions Xi also indicated China will take proactive steps to boost protection of intellectual property rights (IPRs), including harsher penalties against violators - a major grievance for the United States and the pivotal issue in the escalating trade war between the world's two largest economies.

Industry News

Global Biotech Industry Revisits Geneva, Seeks To Build Relationships To Help Shape Policies

A global association representing biotechnology industries last week made a second annual visit to Geneva's institutions to raise awareness of how the industry works, its needs, and how the association could participate better in policymaking. Dismissing fears of industry unduly influencing public policies, two representatives of the association sat down with Intellectual Property Watch's Catherine Saez to explain the importance of biotechnology in solving the problems of the world, and the need to raise awareness of the perspective of the biotechnology sector.

Industry News

IP Experts Discuss US Congressional Changes, Prospects For IP Legislation

NEW YORK – Major changes are coming to the makeup of the US Congress from the perspective of intellectual property policy, and while it may translate into more patent-friendly officials, the prospect for legislation is uneven, a panel of IP experts told a private sector conference here last week.

Industry News

IGF Needs Bold Reform, Internet Needs More Regulation, Says President Macron

PARIS -- French President Emmanuel Macron today opened the 13th Internet Governance Forum (November 12-14) in Paris with a firework of requests to the IGF community and some bold ideas. The IGF after a decade should take on much more responsibility in the development of internet regulation, Macron demanded, and said he together with last year’s and next year’s hosts of the UN forum is collaborating on pushing for more formal results, The IGF according to Macron should become a part of the UN Secretary General‘s Office, Macron proposed, to illustrate the importance. His call for regulation was echoed at the event by UN Secretary General Antonio Guterres.

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