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Signs Of Changing Trends In FTAs’ IP Chapters, Speakers Say At WTO

Intellectual Property Watch - 2 hours 7 min ago
Although the Trans-Pacific Partnership negotiation has raised significant concerns from civil society during negotiations, including about the intellectual property chapter, speakers on a panel during the World Trade Organization Public Forum yesterday said the agreement actually includes a positive provision on copyright, while some other free trade agreements under discussion still include stringent proposals on IP.
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US Supreme Court To Examine Outsized Infringement Damages

Intellectual Property Watch - Wed, 09/28/2016 - 11:37
Patent infringers are supposed to pay damages, but the award in this case struck many as ridiculous. Some Samsung smartphones contained one or two purely decorative design elements that had been patented by Apple. But instead of paying modest damages for what many see as a tiny infringement, Samsung was ordered to pay $399 million – all the profits the company had made from its infringing phones. The Federal Circuit said it had no choice but to approve those damages; it was constrained by statute. Critics, however, said that the Federal Circuit had misinterpreted the statute. They fret the court’s error will unleash a wave of design patent infringement suits that will harm innovation, stifle competition, and empower patent trolls. Which is why so many will be paying close attention on 11 October, when this dispute comes before the US Supreme Court.
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Regional Trade Agreements Address Issues Missed By Multilateralism, Speakers Say

Intellectual Property Watch - Wed, 09/28/2016 - 08:24
Although regional trade agreements are increasing, there is no hiding the fact that they are meeting rising resistance from the public and are difficult to negotiate. At the World Trade Organization Public Forum this week, an industry panel sought to explore how trade agreements could be linked to the WTO process, and if elements of those agreements could be taken on at the multilateral level.
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WEF On Competitiveness: Openness In Decline, Push In Innovation, Tech Needed

Intellectual Property Watch - Wed, 09/28/2016 - 07:21
The world is seeing a decline in openness in economies, the World Economic Forum said in its new Global Competitiveness Report 2016 - 2017. But WEF sees an increased role for technology, innovation and business sophistication. And the most competitive nation in the world? Switzerland again.
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Intergovernmental Organisations Swap Notes On Working For Inclusive Trade

Intellectual Property Watch - Tue, 09/27/2016 - 21:21
If world trade is to be more inclusive it needs to assess a populist backlash against trade that is occurring in different parts of the world, says Jean-Baptiste Velut, an associate professor at Sorbonne Nouvelle University of Paris. Velut was introducing a panel yesterday during the 5th World Trade Organization Public Forum, an annual event that brings together stakeholders and members of the public to discuss trade issues, with the focus this year on inclusive trade.
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WTO Public Forum Opens Against Gloomy Global Trade Perspectives

Intellectual Property Watch - Tue, 09/27/2016 - 08:54
The 15th World Trade Organization Public Forum, an annual event that brings together stakeholders and members of the public to discuss trade issues, opened today. This year, the focus is on inclusive trade. During the opening session, participants underlined the need for support of micro enterprises, in particular in developing countries. Also today, the WTO released its trade statistics and outlook for 2016, which announced the slowest pace of trade and output growth since the 2009 financial crisis.
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WIPO Traditional Knowledge: Text Passes Committee Approval, Goes To Next Session

Intellectual Property Watch - Fri, 09/23/2016 - 16:45
World Intellectual Property Organization delegates today agreed on a text compiling divergent views on how traditional knowledge should be protected in the intellectual property system to be forwarded to the next session of its committee on the protection of traditional knowledge. Some clear dividing lines remain, such as traditional knowledge which is widely known and could have been placed in the public domain, or if conditions of eligibility should be part of a potential treaty.
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CETA To Be Signed (Again) During EU-Canada Summit In Mid-October

Intellectual Property Watch - Fri, 09/23/2016 - 16:03
European Union trade ministers at an informal meeting in Bratislava, Slovakia today agreed on the final steps to enact CETA, the Comprehensive Economic and Trade Agreement between Canada and the EU. There will be no other reopening of the text, assured EU Trade Commissioner Cecilia Malmstroem after the meeting. But ministers have agreed, according to Slovak Minister of Economy Peter Ziga, that some sensitive issues have to be straightened out in an additional annex to the CETA text.
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Europe Dominates List Of Candidates For Next WHO Director

Intellectual Property Watch - Fri, 09/23/2016 - 09:36
The World Health Organization today released the list of candidates to be the next director general of the UN health agency in Geneva. Of the six candidates, four are from the European region.
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Panel On The Right To Scientific Progress And Freedom For Scientific Research

Intellectual Property Watch - Fri, 09/23/2016 - 07:58
Scientists, national and United Nations representatives, academia and civil society this week explored and elaborated on the right to enjoy scientific progress and the freedom which is indispensable for scientific research. The right was placed in the context of today’s global challenges and scientists presented the latest examples of their research, in which human rights related to freedom of scientific research could be applied. The panel set out promote systematic dialogue to foster an understanding of the right and of what is being advanced.
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Shared Experiences Of Indigenous Peoples In The WIPO Negotiating Process

Intellectual Property Watch - Thu, 09/22/2016 - 09:00
Members of indigenous communities this week shared their experiences in negotiating for their rights at the World Intellectual Property Organization and gave their advice on negotiations for potential treaties on genetic resources, traditional knowledge and folklore.
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Nagoya Protocol Gains Members, Implications Spread Ripples

Intellectual Property Watch - Thu, 09/22/2016 - 08:40
The UN Convention on Biological Diversity (CBD) announced early this month that five new countries ratified its protocol on access and benefit sharing of genetic resources, bringing membership to 85 countries.
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European Cooperation Against Counterfeits Online: Sporting Goods Industry Joins Team

Intellectual Property Watch - Thu, 09/22/2016 - 08:19
The Federation of the European Sporting Goods Industry (FESI) and the European Commission recently signed a memorandum of understanding that sets out to “establish a code of practice in the fight against the sale of counterfeit goods over the internet and to enhance collaboration between the signatories.”
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Against ‘Grave Challenge To Achievements Of 20th Century’, UN Agrees Political Declaration On Antibiotic Resistance

Intellectual Property Watch - Wed, 09/21/2016 - 17:04
NEW YORK -- The membership of the United Nations today agreed a political declaration on antimicrobial resistance, elevating the global fight against overuse and misuse of antibiotics – and lack of new antibiotics – to the highest political level. The declaration struck by world leaders at the UN General Assembly in New York includes mention of separating medicine prices from the cost of research and development, and calls on the UN secretary-general to create an interagency coordination group. Now - as framed by many governments, intergovernmental organisations and nongovernmental representatives - attention moves to implementation of actions aimed at staving off this threat to humanity itself.
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Indian Patent Office rejects Saxagliptin compulsory license application

The Controller of Patents (Patent Office, Mumbai) rejected Lee Pharma’s compulsory licence application for AstraZeneca’s Saxagliptin for failure to provide evidence leading to the application of any of the grounds under section 84 of the Patents Act 1970.

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Introducing new alleged infringements after the trial on liability in patent cases

The High Court has confirmed that the Patents Court’s practice of allowing a claimant to introduce further alleged infringements at the damages inquiry is equally applicable to patent infringement actions in the Intellectual Property Enterprise Court. Alternatively, it is not an abuse of process to commence additional proceedings in relation to alleged infringements of which the claimant was not actually aware at the time of a first action, even if it could or should have been aware of them.

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Pain for Pfizer--claims of pregabalin patent deemed insufficient

The validity of a second medical use patent for treating pain was challenged on the grounds of lack of inventive step and insufficiency. The latter challenge proved successful, as there was no evidence in the patent making the efficacy of pregabalin against central neuropathic pain plausible.

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General Court confirms that The Body Shop cannot register 'WISDOM SPA as an EU trade mark

The General Court has held that the generic or descriptive nature of a term in relation to one category of goods cannot be used to extend that finding to other categories of goods.

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Exhaustion of trade mark rights in the Eurasian Economic Union

The Eurasian Economic Union (EAEU) is an economic union of states located primarily in northern Eurasia.

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