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Friday, February 29, 2008 11:00am — IP THINKTANK GLOBAL WEEK IN REVIEW
IP Think Tank Global Week in Review - 29 February 2008
Here is IP Think Tank’s weekly
selection of top intellectual property news breaking in the blogosphere and
internet. Please join the discussion by adding your comments on any of these stories,
and please do let me know if you think we’ve missed something important, or if
there is a source you think should be monitored. You can separately subscribe to the IP Thinktank Global week in Review at
the Subscribe page: http://duncanbucknell.com/subscribe/
Highlights this week included: - German
Federal Constitutional Court: unauthorised government surveillance of personal
computers breaches individual’s right to privacy: (Catch
Us If You Can!!!), (IPKat),
(Ars
Technica), (Techdirt),
(Electronic
Frontier Foundation)
- Patent Troll
Tracker revealed: (Patent
Troll Tracker), (Anticipate
This!), (EDTexweblog.com),
(Patent
Prospector), (Peter
Zura's 271 Patent Blog), (IPBiz),
(Against Monopoly),
(Philip
Brooks), (IPBiz),
- Indian government to consider whether to grant compulsory
licenses to Natco for the exportation of generic versions of Tarceva and Sutent
(Sunitinib) to Nepal : (Spicy
IP), (Spicy
IP), (Spicy
IP), (Generic
Pharmaceuticals & IP), (IP
Law360), (Spicy
IP),
Global Global - General - Intellectual privilege or imaginary property?: (Securing
Innovation),
- Mike Masnick on IP: (Patent
Troll Tracker),
- Trifurcation and IP valuation: (IP finance),
- Jordan Hatcher article ‘Implementing open data:
the open data commons project’: (opencontentlawyer.com),
- Online markets and IP trading exchanges: (IP
finance),
- INTERPOL announces an international IP crime
database: (Class
46), (Spicy
IP),
- New free IP
database: WIPO magazine launched!: (Spicy
IP),
- Recent trends in
IP strategy – an excerpt from London
talk: (IP
ThinkTank),
- World Customs
Organisation recommends far-reaching new rules on IP: (Intellectual Property
Watch),
- Members seek ways
to move policy in WIPO Traditional Knowledge Committee: (Intellectual Property
Watch)
Global - Trade Marks / Domain Names / Brands - Xerox –
avoiding genericide: (Afro-IP),
- Big business urges adoption of Anti-Counterfeiting Treaty:
(IP
Justice),
- WIPO press release ‘Record number of international trade
mark filings in 2007’: (WIPO),
(Class
46), (IP
Law360)
Global - Patents - WIPO publishes new PCT statistics: ‘Unprecedented number of
international patent filings in 2007’: (Daily
Dose of IP), (IPKat),
- Thomson Scientific
publishes ‘2008 patent focus report’, covering patenting activity in US, EU, Japan, China
and India:
(Thomson), (Patent
Prospector),
- Record patent
filings keep WIPO revenues high; audit, budget meetings loom: (Intellectual Property
Watch),
- Email doesn’t
manage innovation: (Securing
Innovation),
Global - Copyright Pharma & Biotech Pharma & Biotech - General - Science Commons news: A commons-sense approach to winning
the drug discovery lottery: (creativecommons.org),
- India:
Hindu Business Line reports on why pharma companies are pushing for tax
incentives: (Spicy
IP),
- India:
J Mitra gets injunction against Span Diagnostics in patent dispute before Delhi
High Court over device used in detection of Hep C: (Generic
Pharmaceuticals & IP),
- India:
Patent Office releases new ‘draft’ manual for patent practice and procedure: (Generic
Pharmaceuticals & IP),
- India:
Multinational pharma corporations struggle in India: (Spicy
IP),
- Israel: Israel Patent
Office awards realistic legal expenses to Teva in its patent dispute with
Pfizer: (IP
Factor),
- Israel:
Inventive step is an objective criterion?! – Teva’s opposition proceedings
regarding IL 130424 to Pfizer: (IP
Factor),
- Thailand:
Thai chief drug price negotiator removed from post: (GenericsWeb),
- Thailand:
Compulsory licences cannot be revoked: (Generic
Pharmaceuticals & IP), (more from Generic
Pharmaceuticals & IP),
- UK: Court of Appeal for England and Wales hands down
decision in Boehringer Ingelheim KG and Boehringer Ingelheim Pharma KG v
Swingward Limited relating to repackaging and de-branding of
parallel-imported pharma products: (Class
46),
-
US: Geron receives US patent for producing pancreatic
islets from embryonic stem cells: (Patent
Docs),
- US: Pharma would rather fight than switch, when it come to
DTC: (Pharma
Blogosphere)
- US: Chemistry approach promising less expensive drugs: (IPBiz),
- US: Wall Street Journal article on pharma industry
strategies that could be viewed as patent abuse: (Economic Logic),
- US:Chandler Burr’s New York
Times article ‘Ahhh, the seductive fragrance of molecules under patent’ shows
similarities between the perfume and pharmaceutical innovator industries: (Fire of
Genius), (Patent
Docs),
- US: Supreme Court declines to review ruling by CAFC that
there is no constitutional right to access experimental drugs: (California
Biotech Law Blog),
- US: Generic biologics – how to compete: (Biotech
Blog),
- US: FDA to collaborate with Congress on developing follow-on
biologics legislation: (California
Biotech Law Blog),
- US: Genentech’s Cabilly patent faring poorly in
re-examination: (IPBiz),
- US: Stem cell companies looking ahead to new
administration: (California
Biotech Law Blog),
- US: In re Comiskey and its implications for
biotechnology patents: (Holman's
Biotech IP Blog),
- US: PTO upholds WARF stem cell patent claim: (California
Biotech Law Blog), (IPBiz),
- US: CaliforniaFederal Court
allows Foley & Lardner LLP to add new defenses against Vaxiion’s claim that
it lost international rights to drug delivery technology due to Foley &
Lardner’s late filing of their patent application: (IP
Law360)
Pharma & Biotech - Products - Apo-TRACE – NeuroSurvival licenses Sigma-Aldrich to market
and manufacture Apo-TRACE marker that can detect apoptosis: (GenericsWeb),
- Avastin (Bevacizumab) – US FDA rejects Advisory Panel’s
recommendation and approves Avastin for breast cancer treatment: (Patent
Docs), (Therapeutics
Daily),
- Avodart (Dutasteride) - GlaxoSmithKline files patent suit
against Barr Pharmaceuticals Inc., claiming infringement of three patents
covering its enlarged-prostate treatment, Avodart; Barr challenges GSK’s Avodart
patent: (IP
Law360), (GenericsWeb),
- Fosamax (Alendronate) – Courts in Netherlands and France both
invalidate Merck Sharp & Dohme’s European patents for Alendronate: (IP
Law360), (The
IP Factor), (Generic
Pharmaceuticals & IP),
-
Hectorol – Genzyme Corp launches US patent suit against Pentech
Pharmaceuticals to prevent it from marketing a generic version of Hectorol: (IP
Law360),
- Lipitor (Atorvastatin) – Dutch Court invalidates a patent for
Pfizer’s Lipitor but Ranbaxy is still blocked from launching generic version of
the drug: (IP
Law360),
- Neurontin (Gabapentin) - Apotex Corp and Pfizer Inc. settle
all outstanding patent infringement and antitrust litigation over Pfizer's
blockbuster epilepsy drug, Neurontin: (IP
Law360), (Generic
Pharmaceuticals & IP),
- Nexium (Esomeprazole) – Several companies including Ranbaxy
and Teva challenge AstraZeneca’s US patent relating to Nexium heartburn
medication: (Spicy
IP),
-
Plavix (Clopidogrel) – Cadila decides against exporting
generic Clopidogrel to Thailand:
(Generic
Pharmaceuticals & IP),
- Prilosec (Omeprazole) – US Federal Judge rules AstraZeneca
did not violate antitrust law when it put its marketing muscle behind heartburn
drug Nexium instead of Prilosec as the latter's patent protection was about to
lapse: (IP
Law360),
- Provigil (Modafinil) – Jon Leibowitz’ Washington Post
column on US FTC’s suit against Cephalon testing the legality of entering into
‘pay for delay’ settlements: (California
Biotech Law Blog),
- Rispen (Risperidone) – Sun Pharmaceuticals files post-grant
opposition in respect of Janssen Pharmaceutical’s Indian patent for a
sustained-release microparticle of Risperidone: (Patent
Circle),
- Tarceva (Erlotinib) – Indian government to consider whether
to grant compulsory licenses to Natco for the exportation of generic versions
of Tarceva and Sutent (Sunitinib) to Nepal : (Spicy
IP), (Spicy
IP), (Spicy
IP), (Generic
Pharmaceuticals & IP), (IP
Law360), (Spicy
IP),
- Tarceva (Erlotinib) – OSI Pharmaceuticals seeks to re-issue
key Tarceva US patent: (Generic
Pharmaceuticals & IP),
- Wellbutrin (Bupropion) – Biovail receives Canadian approval
for Wellbutrin XL for the prevention of seasonal major depressive illness: (Therapeutics
Daily),
- Ziagen (Abacavir) – GSK announces price cuts on a range of
HIV drugs including Ziagen for developing countries: (Generic
Pharmaceuticals & IP),
-
Zonisamide – OREXIGEN Therapeutics secures allowance for US application
covering Zonisamide: (Patent
Docs)
Africa - Zambia steps up fight against counterfeits: (Afro-IP),
- Uganda: Draft Plant Variety Bill before parliament: (Afro-IP),
- Egypt and South
Africa in top ten in latest PCT stats: (Afro-IP),
- Radio
frequency ID technology – a potential anti-counterfeiting measure in Africa: (Afro-IP),
- NiRA to
regulate .ng: (Afro-IP),
- Zimbabwe
Music Rights Association calls for whistleblowers: (Afro-IP),
- ARIPO’s
first trade mark appeal decision: (Afro-IP),
- ARIPO’s
first patent appeal decision: (Afro-IP),
- Professional
Musicians Association of Ghana (PROMAG) member blames Musicians Union of Ghana
(MUSIGA) for ‘the failure of Charterhouse to adhere to copyright laws’: (Afro-IP),
- South
African Advertising Standards Authority upholds complaint by General Motors over
use of their HUMMER mark in a Professional Provident Society advertisement: (Afro-IP),
- South Africa leads in Fairtrade tourism certification: (Afro-IP)
Asia - .Asia domain launched under sunrise policy: (Spicy
IP), (IP
Dragon), (IP
Updates)
- Is Asia
surpassing Europe in innovation by 2015?: (IPEG),
- Jury
still out on Asian innovation, despite WIPO figures: (IAM),
Australia - Increase
in auDRP fees: (IP Down
Under),
- auDA New
Registrant Transfers Policy – Implementation plan: (IP
Down Under),
- Unsuccessful
trade mark opponent seeks leave to appeal to Full Court: Scotch Whisky Association
Ltd v de Witt: (IPwar’s),
- High
Court Judge recognizes that technology outpaces the law: (Techdirt),
- Full
Court dismisses appeal in smartcard television piracy case: Haddad v Foxtel
Management Pty Ltd: (IP
Down Under),
- ‘The
Fanatics’ Songbook is not fair dealing for purposes of parody or satire: (LawFont.com),
- New time
limit for grace period for renewal of trade mark registration: (IP
Down Under),
- New
Trade Marks Office practice in relation to trade marks containing the words
WORLD or LAND: (IP
Down Under),
- New
Trade Marks Office practice regarding letters of consent: (IP
Down Under),
- IP
Australia announces beta release of new online patent searching tool AUSPAT: (IPwar’s),
- Government
innovation review: (IPwar’s),
- Melbourne
Institute of Applied Economic and Social Research ‘Application pendency times
and outcomes across four patent offices’ compares patent stats from USPTO, JPO,
EPO and Australian Patent Office: (LawFont.com),
- Dale
Clapperton and Stephen Corones publish paper arguing that deal locking iPhone
to a single telephone network could breach competition laws: (LawFont.com),
(LawFont.com),
- Thomson
Scientific to honour Australia’s
top researchers with dedicated Australian Research Day: (Thomson)
Canada - Nature
Journal criticizes Canadian science policy: (Michael Geist),
- Conservative Party accused of copyright
infringement: (Michael
Geist),
- CHEAP TICKETS and CHEAP TICKETS AND TRAVEL &
DESIGN trade mark registrations expunged: Cheap Tickets and Travel Inc v
Emall.ca Inc: (Canadian
Trademark Blog),
- CIPO releases updated tools to assist practitioners
in drafting and filing industrial design applications, including sample
drawings: (ipblog.ca),
- ITWorldCanada covers emergence of Business
Coalition for Balanced Copyright as key voice in copyright debate: (Michael Geist),
- Canadian government submitts comments to US government
on continuing ICANN oversight: (Michael Geist),
- Discussion of Songwriters Association of Canada (SAC)
proposal for full legalization of peer-to-peer file sharing by adding a $5 levy
to the monthly Internet bill: (Michael Geist), (Techdirt), (Michael Geist),
- National Union of Public and General Employees
calls for net neutrality consultations: (Michael Geist),
- Minister Jim Prentice faces questions on Conservative
Party copyright infringement: (Michael Geist),
- Liberals argue Prentice should step aside on
copyright: (Michael
Geist), (Techdirt),
- Canadians play lead role in ‘Books 2.0’: (Michael Geist)
China - China’s third amendment to its patent law: (Post-Grant),
(IP
Dragon), (IP
Updates), (IP
Dragon),
- G2000 v
2000: Is 20 million Yuan enough for trade mark infringement?: (China
Business Law Blog), (more from China
Business Law Blog),
- Enforcing
IP rights in China:
It’s not as hard as you think: (Washington
State Patent Law Blog),
- Obviousness
under Chinese patent law: (Philip
Brooks),
- Apple in China,
Part 2: Could Apple help reduce DVD piracy?: (The
China Game),
- HK
government commends Youth Ambassadors Against Internet Piracy for their
efforts: (IP
Dragon),
- One
minute film contest to promote IPR in China: (IP
Dragon),
- Supreme
People’s Court orders full-compensation principle in all IPR cases: (IP
Dragon), (IP
Updates), (IAM),
- PCT
international applications:China
ranks number seven, Huawei ranks number four: (IP
Dragon),
- China most designated country in international trade mark
applications: (IP
Dragon)
Europe - First
300 registered community design decisions now available: (IPKat),
- Registered
community designs invalidated in 65% of first 300 decisions published by OHIM:
(IP
Updates),
- Google
argues against European data protection leaders’ plan to make IP addresses
‘personal data’: (Ars
Technica),
- EU
Commissioner Charlie McCreevy calls for 95 year copyright for sound recordings:
(IMPACT),
- EU seeks
privacy safeguards with radio frequency identification tags: (Ars
Technica),
- Patent
owners brace for rising fees in Europe: (IP
Law360),
- EC responds
to Microsoft’s interoperability announcements: (John Carroll), (Out-Law),
- EC
imposes 899 million Euro penalty on Microsoft for non-compliance with 2004 antitrust
ruling: (IPwar’s),
(Out-Law), (IAM),
- Standards
Body weighs Microsoft’s competing format for document sharing: (Intellectual Property
Watch),
- Council
of Europe lurches forward to create
broadcasters rights: (IP
Justice),
- Europe's
data protection watchdogs warn that internet companies that do any personal
data processing in Europe must comply with its privacy laws even if they are
based outside of Europe: (Out-Law),
- ECJ
rules that ‘only cheeses bearing the PDO “Parmagiano Reggiano” can be sold
under the name “Parmesan”’: (IPKat),
(Class
46), (Catch
Us If You Can!!!), (more from IPKat), (IP
Updates), (IP
Law360),
- New OHIM
practice manual on its way: (Class
46),
- EU and
US team up to seize 360,000 fake chips: (Out-Law),
- OHIM
recognizes two new ‘world expositions’ – ‘Water and sustainable development
expo’, Spain and ‘Better
city, better life expo’, China:
(Class
46),
- Trade
marks and cognitive science: (Class
46),
- INTA roundtable:
‘CTM with reputation - enforcement issues’ - Alicante
(Spain),
10 March 2008: (IPR-Helpdesk),
- Maple motifs
and national emblems: CFI allows appeal against OHIM refusal to register RW
figurative mark as a CTM: Clothing Associates SA v OHIM: (Class
46),
- CFI finds
WORLDLINK, figurative LINK sufficiently similar to cause confusion: Citigroup,
Inc (formerly Citicorp) v OHIM, Link Interchange Network Ltd: (Class
46)
France - French
Commission on intangible economy publishes follow-up report: (IPR-Helpdesk),
- France seeks to add French gastronomy to UNESCO World
Heritage List: (Class
46), (IPKat)
Germany - Cancellation
request for German trade mark ‘Vollmond-Salami’: (Class
46),
- German
Patent and Trade Mark Office reports on effect of new case law regarding retail
services: (Class
46),
- Nuremburg
Zoo commences proceedings against confectionary maker Fair Field over rights to
the trade marks FLOCKE, FLOCKE THE POLAR BEAR, and FLOCKE THE POLAR BEAR CUB: (IPKat),
(Catch
Us If You Can!!!),
- German
Federal Constitutional Court: unauthorised government surveillance of personal
computers breaches individual’s right to privacy: (Catch
Us If You Can!!!), (IPKat),
(Ars
Technica), (Techdirt),
(Electronic
Frontier Foundation)
Greece -
Unauthorised youtube.gr domain cancelled in Greece: (Class
46)
India - Rural
Innovations Network tells urban counterparts its time to catch up in terms of
innovation: (Spicy
IP),
- Search
for traditional remedies for Bird Flu: (Spicy
IP),
- Indiaa R&D outsourcing hub – Is the sheen wearing
off?: (Spicy
IP),
- Society
for Technology Management to host graduate course in IPR and technology
transfer, Ooty, 13-16 April: (IPKat),
- Telegraph India article on dispute
between India and Pakistan over
GI protection for Sozni shawls: (IPKat),
- Tea Board
plans to obtain GI protection for teas from Assam and the Nilgiris: (Spicy
IP),
- Increased
need for specialized IP Rights Bench: (International
Law Office),
- Learning
from the TVS/Bajaj patent spat: (Generic
Pharmaceuticals & IP),
- High
Court grants injunction preventing Span Diagnostics from making or selling any
diagnostic test that might infringe J Mitra’s HCV-TRIDOT patent: (Spicy
IP),
- Case at
Delhi High Court suggests that the Mumbai
and Chennai Patent Offices have granted exclusive rights to identical
technologies claimed by two separate companies: (Spicy
IP),
- Basmati
GI stirs up new protests: (Spicy
IP),
- YouTube
and T-Series given time to settle copyright infringement dispute: (contentSutra)
- Italy ‘Made in Italy’ does not necessarily mean made in
the Italian way: (43(B)log)
Netherlands - Luba
against Lunajob - Likelihood of confusion?: District Court in The Hague decides
on a trade mark infringement case between two temporary employment agencies: (Class
46),
- District
Court of The Hague finds Mulder & Schneider BV infringed on Perfetti Van
Melle SpA’s ‘Chupa Chup’ trade mark by using an adaption of the mark on its
porn site: (Class
46),
New Zealand Thailand United Kingdom - British
MP puts forward Private Members’ Bill to extend copyright for sound recordings:
(IPKat),
- UK
government considers plan for making ISPs implement anti-piracy systems by
2009: (Ars
Technica), (Techdirt),
(Public Knowledge),
- BBC
Radio 4 to broadcast programs on ‘global war between the defenders of IP and
those determined to share it’ (25-29 Feb): (IMPACT),
- National
Consumer Council files complaint with the Office of Fair Trading, claiming
software licences are unfair: (Out-Law),
- 11th
Burrell Competition Lecture on IP and competition law – monopolists v
anti-monopolists: (IPKat),
- British
ISPs hand over your surfing data to (former?) spyware firm for the purpose of
generating advertisements based on your surfing history: (Techdirt),
- BlackBerry
maker, Research In Motion, prevails in UK patent clash against Visto Corp: (IP
Law360)
United States US General - Office of
Management and Budget receives additional submission regarding PTO rules
packages: (Patent
Docs), (PLI),
- Ed
Markey’s Net Neutrality Bill: (Public Knowledge),
- Andy
Kessler’s Wall Street Journal article explaining why we need a Broadband
Competition Act, not a Net Neutrality Act: (Techdirt),
- Top ten
cyberlaw trends: (Chicago
IP Litigation Blog),
- Citation
of blogs by law reviews: (IPBiz),
(further comments – IPBiz),
(IPBiz reader comments – IPBiz),
- Lawrence
Lessig decides not to run for Congress: (Cairns),
(Techdirt),
(Ars
Technica), (Lessig),
- Washington
and California looking to outlaw obtaining RFID data without consent: (Ars
Technica),
- World Research
Group webinar on bankruptcy and IP, 28 March 2008: (Philip
Brooks),
- Department
of Justice touts increase in counterfeiting prosecutions; stiff sentences: (The
Counterfeit Blog),
- If it’s
property why no property tax: (Against Monopoly)
US Patent Reform US Patents - Role of
Supervisory Patent Examiner and low allowance rate: (Patent
Prospector),
- Patent
Troll Tracker revealed: (Patent Troll
Tracker), (Anticipate
This!), (EDTexweblog.com),
(Patent
Prospector), (Peter
Zura's 271 Patent Blog), (IPBiz),
(Against Monopoly),
(Philip
Brooks), (IPBiz),
- Patent
Troll Tracker’s discussion of Scott Harris melt down: (IPBiz),
- The
evolution of MPEP 2143 – prima facie case of obviousness: (Anticipate
This!),
- South Korea, China gaining on US in patent applications according to UN patent agency: (IP
Law360),
- Northern
District ofCalifornia
streamlines patent trial rules: (IP
Law360),
- On
inventions developed on the employee’s own time: DDB v MLB: (IPBiz),
- Why In
re Bilski will see the US
move closer to Europe: (IAM),
- Business
methods – here we go again: In re Bilski: (IP
ThinkTank),
- Exam
plan for those preparing for the Patent Bar: (Patent Prospector),
- How will
internet search innovation benefit patent infringement investigations?: (Philip
Brooks),
- How
judges, bureaucrats and lawyers put innovators at risk: (IP
Updates),
- Wiki
Community Patent Review update: (Anticipate
This!),
- Claim
construction reversal rates (Part I – Overall reversal rates - Patently-O),
(Part II – District Court Judge experience – Patently-O),
- Examples
of how to respond to written description rejections – the fundamentals of the
written description requirement and strategies for responding to written
description rejections – Part II: (Patentably
Defined),
- Myth
tells us that fish grow to the size of their tank. Reason suggests, related to
a USPTO examiner, this myth may prove out: (Patent Prospector),
- House
Subcommittee holds USPTO oversight hearing, Dudas provides Congressional
testimony: (Patent
Docs), (Daily
Dose of IP), (Anticipate
This!), (Peter
Zura's 271 Patent Blog),
- Optimising
the chances for a successful intervening rights defence: (IP
Updates),
- Costs of
patent prosecution: (Peter
Zura's 271 Patent Blog), (IP
Spotlight),
- Patent
allowance rate 44% in fiscal 2007 [?]: (IPBiz),
- Seagate
a floodgate to patent ADR?: (IP
ADR Blog)
- End
Software Patents – Patent reform coalition aims to abolish software patents: (Ars
Technica), (Peter
Zura's 271 Patent Blog),
US Copyright - Columbia Teachers College: no rules governing plagiarism?: (IPBiz),
- On punishing plagiarizers and falsifiers: (IPBiz),
- Do law schools promote a culture of copying?: (IPBiz),
-
New bill proposed in Tennessee
state senate aims to reduce copyright infringement at universities by forcing
the schools to become anti-piracy enforcers: (Ars
Technica),
- An idea by any other name: (Patry
Copyright Blog),
- HR4279 –
Protecting Intellectual Property (Pro-IP): (Counterfeit
Blog),
- How
‘free’ has even more value than people think it should: (Techdirt),
- Surfer
plagiarism and rules for bloggers: (IPBiz)
US Trademarks - Cyberlawyer
gives up attempt to register ‘Cyberlaw’ as a trade mark: (Techdirt),
- With
counterfeiting, you want government in your business: (IP
Law360),
- Unfriendly
shores? Recent developments in US
law may trouble foreign trade mark owners: (TTABlog)
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