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 what's new?
page revised:
16 Feb 2010
 world
IP day: monday 26th april
Each year, the World Intellectual Property Organisation (WIPO)
and its member states celebrate World Intellectual Property Day with activities,
events and campaigns. These seek to increase public understanding of what IP
really means, and to demonstrate how the IP system fosters not only music, arts
and entertainments, but also all the products and technological innovations that
help to shape our world.
This year is the 10th anniversary of
the first World IP Day and also the 40th anniversary of the entry
into force of the international Convention which established WIPO.
The theme of World IP Day in this celebratory year is “Innovation –
Linking the World”.
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 insight
on attitudes to copyright infringement in the digital age reported
(20 jan 10)
As part of its programme to develop understanding of consumer
attitudes to IP, SABIP (the UK Strategic Advisory Board for IP) is looking at
the way consumers interact with copyright protected works on a daily basis -
through their use (legal or illegal) of content on the internet, television,
radio, in the cinema, magazines, books etc. It has recently published its second
report focusing on attitudes and behaviours of consumers to copyright
infringement in digital media other than the web.
This latest report published on 15 Jan reviews both government
and industry surveys and the academic literature on copyright infringement in
offline contexts. It provides a new framework for understanding and exploring
copyright content consumption in the digital era.
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 new
CEO appointed for UK IP Office
(1 jan 10)
The UK IPO is to have a new CEO,
John Alty, from early 2010. In announcing Mr Alty's appointment the UK
Minister for State for IP, David Lammy, said:
"I would like to welcome John to his new role at the Intellectual Property
Office, at a time where innovation and invention are more important than ever to
the UK’s economy. He has a wealth of experience that will be invaluable in
taking the work of the IPO forward, especially around our recent Copyright
Strategy, and I look forward to working with him."
 Mr
Alty is currently Director General in Fair Markets at the Department for
Business, Innovation and Skills. Previous roles have included Director Business
Relations and Director Europe in the former Department of Trade and Industry.
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 who
owns science? - Manchester Manifesto challenges current innovation model
(27 nov 09)
The Institute for Science, Ethics and Innovation (iSEI) based
at Manchester University and chaired by Nobel Laureate, Prof Sir John Sulston
has recently published the "Who Owns Science? Manchester Manifesto" which
challenges the current, IP rights based model of innovation.
"It is clear that the dominant existing model of
innovation, while serving some necessary purposes for the current operation
of innovation, also impedes achievement of core scientific goals in a number
of ways. In many cases it restricts access to scientific knowledge and
products, thereby limiting the public benefits of science; it can restrict
the flow of information, thereby inhibiting the progress of science; and it
may hinder innovation through the costly and complicated nature of the
system. Limited improvements may be achieved through modification of the
current IP system, but consideration of alternative models is urgently
required."
The Chartered Institute of Patent Attorneys (CIPA) whilst
welcoming publication of the Manifesto for its attempt to stimulate debate about
how science is used for the benefit of humanity has criticised the authors’
views on patents as "ill-informed and misleading". CIPA’s vice-president
Alasdair Poore praised the University of Manchester for its attempt to stimulate
debate about how science is used for the benefit of humanity. He added:
“Contrary to what is stated in the report, IP rights do
not ‘have the tendency to stifle access to knowledge and the free exchange
of ideas that is essential to science’. Publication and knowledge-sharing is
at the heart of the IP system. Not only is there a vast amount of scientific
and technical information available from patent databases around the world,
but the majority of it is not available from any other source.”
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 protecting
designs should be part of EU innovation policy - consultation finding
(20 oct 09)
According to a recently reported European Commission on-line
consultation about design and innovation, the bulk (91%) of responding
organisations felt that design is very important for the future competitiveness
of the EU economy and that initiatives in support of design should be taken at
an EU level. The public consultation attracted 535 formal and several
informal replies.
Amongst organisations responding, “awareness raising and
design promotion” is the area where
public initiatives in support of design are considered the most useful (82%),
followed closely by “design education” (75 percent) and “design research” (74%).
By contrast, private individuals consider design education most useful (80%),
followed by design research (76%) and only then awareness raising and design
promotion (69%).
The most important barriers are considered to be:
“lack of awareness and understanding of the potential of
design among policy makers”
“lack of knowledge and tools to evaluate the rate of
return on design investment”
“lack of awareness and understanding of the potential of
design among potential design customers, i.e. private and public
organisations”
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 new
Director sworn in at US Patent and Trademark Office
(18 aug 09)
After a 7 month delay the new Director of the US Patent and
Trademark Office, David Kappos, was officially sworn in by the US Secretary of
Commerce, Gary Locke, before a large group of staff and guests outside the
Office's headquarters in Alexandria Va. David will also have the
title of Under Secretary of Commerce for IP. He was formerly head of IP at
IBM. His appointment comes at a time when the Office is facing major
challenges including a backlog of about 750,000 patent applications and serious
financial problems.
- read the new Director's remarks
here
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beta test version of the US Patent and Trademark Office website
(10 jul 09)
The USPTO has released its beta test version of its new Web
site for evaluation. Why not check it out now at
http://beta.uspto.gov/?
The new site has been redesigned to improve the look and feel,
as well as to enhance the user experience with improved navigation. The
goal is to make the site technologically up-to-date, user-friendly, and
responsive to customer feedback. Not all of the content of the
production website has yet been migrated so please keep that in mind when
exploring the beta test version.
The USPTO welcomes constructive comments and suggestions to
help build a site that better meets user needs.
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 are
patents helping or hindering the quest for low-carbon energy - business leaders
vote emphatically NO! (updated 18 aug)
The G8 has agreed to an 80 per cent cut in emissions by 2050:
scientists, inventors and entrepreneurs who see monopolistic patents as
obstacles in their quest for low-carbon technology recently had their chance
recently to confront the intellectual property system’s architects in a debate
jointly organised by the Chartered Institute of Patent Attorneys and the
Intellectual Property Office and chaired by IP barrister Daniel Alexander QC.
The audience of over 100 voted overwhelmingly (90/14) against
the motion that ‘patents are stifling the innovation needed to ensure abundant,
low-carbon energy supplies’ in the debate at the Science Museum on
Thursday 23rd July.
Proposing the motion Professor Graham Dutfield of Leeds
University pointed out that the US motor industry is prevented from using the
best type of battery for hybrid cars because all the patents are owned by an oil
company, which refuses to grant licences. Alan South, Chief Innovation
Officer of Solarcentury emphasised the speed of development of the renewable
energy sector, suggesting that companies can get trapped into inappropriate
technologies just because they have invested heavily in patenting them.
Sharing knowledge, he argued – along the lines of Opensource software – gives
faster access to technology in the rapidly-growing renewables sector.
Opposing the motion, Ian Harvey, Chairman of the IP Institute,
and Sean Dennehey, Assistant Comptroller of the Intellectual Property Office,
argued that, far from stifling innovation, patents are essential to attract the
investment needed.
Ian Harvey compared today’s need for low-carbon technology
with inventions that laid the foundation for the industrial revolution. He cited
the example of James Watt, whose improvements for the steam engine in the 18th
century would not have attracted the huge investment needed to perfect it if it
had not been patented. Sean Dennehey developed the argument in favour of
patents, pointing out that all patent information is published and that patent
protection actually stimulates inventiveness and innovation, as companies find
alternative (and often better) ways solving a problem. He acknowledged that the
patent system needs to evolve to meet the needs of industry and society and
pointed out that the IPO had recently launched a fast-track system for ‘green
patents’.
Speakers from the floor argued mainly against the motion,
largely focusing on the fact that small businesses in particular cannot raise
the investment they need to fund the development of low-carbon technology unless
they have protection for their intellectual property – principally in the form
of patents.
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 Competition
Inquiry into Pharma Sector - Final Report issued (8 jul 09)
The European Commission has today adopted the Final Report on
its competition inquiry into the pharmaceutical sector. According to
Neelie Kroes, European Commissioner for Competition:
"We must have more competition and less red tape in
pharmaceuticals. The sector is too important to the health and finances of
Europe's citizens and governments to accept anything less than the best. The
inquiry has told us what is wrong with the sector, and now it is time to act.
When it comes to generic entry, every week and month of delay costs money to
patients and taxpayers. We will not hesitate to apply the antitrust rules where
such delays result from anticompetitive practices. The first antitrust
investigations are already under way, and regulatory adjustments are expected to
follow dealing with a range of problems in the sector."
A specific investigation has now been started involving
several pharma companies including the originator company Laboratoires Servier,
and the generics companies Teva, Krka and Lupin, in relation to settlements
concerning the anti-hypertensive drug perindopril.
- read the Commission Communication, press release and
download the report (600 pages!)
here
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 Sebastian
Conran urges UK to ‘lead the world in robust IP legislation’
(26 jun 09)
Product designer Sebastian Conran threw down the gauntlet to
his host David Lammy, the UK IP Minister, when he addressed a meeting at the
House of Commons on 25th June about the importance of intellectual property.
“There needs to be a fundamental change in attitudes that
supporting IP theft is as much a crime as other acquisitive theft such as
burglary,” he told a group of MPs and representatives of rights owners and
IP professionals. “If this is seen as an opportunity and this country were
perceived to lead the world in having robust IP legislation, then the UK
might be seen as a particularly benign and attractive environment to nurture
creativity of all types.”
IP Minister David Lammy agreed that IP was now “an incredibly
contested political space” and no longer seen as a principally legal issue.
“In the past, members of the public were not exposed to
the ‘wiring’ of IP. That is now changing,” he said. “IP is presenting
politicians with great challenges in public policy. Look at what has
happened in Sweden, where politicians have been elected on an IP piracy
ticket. Not all politicians in the UK appreciate the importance of IP and
IPAN’s work in improving public –and political – awareness and understanding
of IP is more important than ever before.”
Dr Paul Leonard, Chairman of the IP Awareness Network which
organised the event, agreed that there are still many misunderstandings about
how the IP system works. He quoted a recent national newspaper article that
referred to a major corporation’s ‘secret patents’ – a basic error, as patenting
now involves full publication of the technology involved. He went on to tell the
group that the UK is now the ‘most IP-rich society in the world’ and announced
that IPAN now had some 50 member organisations, making it the most comprehensive
and impartial source of information about all aspects of intellectual property.
The parliamentary briefing was part of a campaign being waged
by the Intellectual Property Awareness Network, whose members include brand
owners, anti-counterfeiting organisations and membership associations for
intellectual property professionals. |
 Illegal
copying of digital content - out of control? (4 jun 09)
A recent report shows that huge economic losses are being
sustained due to large-scale unauthorised downloading, generated by widespread
confusion about copyright law in the online world.
The report,
Copycats? Digital Consumers in the On-line Age, was commissioned by The
Strategic Advisory Board for Intellectual Property (SABIP) and conducted by
UCL’s Centre for Information Behaviour and the Evaluation of Research (CIBER).
It is the first piece of research to look at evidence from across the copyright
industries and across all age ranges.
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calls
for more IP awareness in Europe (1 may 09)
Speakers at the European Patent Forum 2009 which opened in
Prague on 28th April have called for greater awareness about intellectual
property among politicians in Europe. Keynote speaker Professor Ove
Granstand from Chalmers University of Technology in Göteborg told the audience
that the current financial crisis made it particularly important for politicians
to understand the effect that IP has on the economy. He agreed with other
speakers that IP awareness was relatively poor in Europe in contrast to many
other countries such as Korea.
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new
legislative move to introduce biosimilar drugs in the USA (12 mar
- updated 30 mar 09 )
Hard on the heels of the introduction of a bill to reform the
US patent law (see item below), a new bill (HR1427) has been introduced by Rep.
Waxman with bipartisan support which is aimed to speed up the introduction of
generic copies of original biological medical products - so called "follow-on
biologics" or "biosimilars" which are essentially interchangeable with the
original products. This follows public support from President Obama to
introduce generic competition for high priced biologic products in the US which
are used in a wide range of medical conditions. This bill has been
followed by another (HR1548) introduced by Rep. Eschoo again with bipartisan
support
Biologic products differ from other pharmaceutical products in
containing relatively complex proteins rather than small molecules as their
active ingredients. As such they are made from natural biological sources
rather than chemical synthesis and so are inherently difficult to manufacture
and quality control. Attempts at legislation in the previous Congress to
introduce "biosimilars" failed in part because of disagreements about the degree
of market exclusivity (irrespective of any patent exclusivity) which should be
provided for the originator products. The current bills differ
substantially in the market exclusivity they would provide
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 patent
reform back on the agenda in the new US Congress (4 mar 09 -
updated 9 mar)
Continuing the developments towards reforming US patent
provisions made in the last Congress, US Senator Leahy yesterday 3rd March
introduced new proposed legislation - the Patent Reform Act -2009 (Senate bill
S565) with cross-party support from leading Senators and Representatives.
Following representations from special interest groups, the new bill has removed
a number of provisions which were in the text agreed in the 110th Congress, for
example publication of all patent specifications after 18 months and the
requirement for applicants to submit their own search data.
Within hours after the new bill was introduced, two industry
groups and two members of the House of Representatives came out against the new
measure. The issue of damages quickly emerged as the central issue. Big
computer and communications companies back the bill as a way to limit the number
of patent infringement cases and damages they pay on them. Opponents
claim the mechanism called apportionment the new bill uses to determine damages
won't work outside the computer and communications industries where hundreds of
patents go into a single system.
Although there will undoubtedly be considerable debate about
some features of the new bill, given the bipartisan support it is likely that
this year may see some substantive changes to the US patent laws.
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 inventors
of imaging technology awarded £1.5 million by UK High Court
(25 feb 09)
In what may prove to be a land-mark case for employee
inventors, a UK high Court Judge awarded £1.5m in compensation to the two
inventors of break-through radioactive imaging technology commercialised by
Amersham Healthcare under the trade mark, Myoview. The inventors had
brought their case for compensation under a little used provision of the UK
patent law which permits the Court to award compensation to employee inventors
in exceptional circumstances where the patent concerned has been on outstanding
benefit to the employer, Amersham, now part of GE Healthcare Ltd. The
imaging technology involving a special technetium complex has been extensively
used in diagnosing heart disease and has generated sales of about $1.3 billion.
The Judge was very clear that the inventors' contribution and the value of the
patent met all the very strict requirements of the UK patent law.
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 stopping
pirate products in the supply chain (26 jan 09)
A new best practice toolkit which gives businesses practical
advice on how they can better protect themselves from the dangers of fake goods
entering business supply chains was launched today by David Lammy, Minister for
Intellectual Property in the UK.
"IP crime is a serious global issue with tens of billions
of pounds worth of counterfeit goods seized across national borders each
year. With recent research finding that nearly a quarter of all small
and medium-sized enterprises were affected by counterfeiting, this toolkit
offers practical advice to businesses to help them better protect themselves
from IP crime, especially during these already challenging times."
The Supply Chain Toolkit has been produced by the Intellectual
Property Office’s IP Crime Group. It includes a step by step approach on what
action should be taken if counterfeits are found within the supply chain and
guidance on how to strengthen and protect IP assets.
Note: picture courtesy of the
Swiss
Anti-Counterfeiting and Piracy Platform |
 amended
Chinese patent law published (8 jan 09)
In late December the long awaited third amendments to the
People's Republic of China patent law were approved by the state legislature.
Implementing regulations are being finalised since the amended version of the
2001 patent law will come into effect from 1st Oct 2009. The
amendments are aimed at encouraging innovation and improving China's
"international competitiveness". Importantly Chinese nationals will now be
able to apply for patent protection first in foreign countries rather than in
China although government clearance will be required to see if the invention
should be kept secret for national security reasons.
|
 protecting
software inventions still uncertain in UK (17 dec 08)
The UK Intellectual Property Office (IPO) has recently issued
a practice note relating to software patentability that, according to patent
attorneys, still does not bring the UK fully in line with Europe, in spite of
the Symbian case in the Court of Appeal (see IPAN news
item below) that suggested the IPO should change its previous practice.
The IPO’s latest practice note means that innovators in the computing technology
field continue to face a difficult time at home protecting inventions for which
the European Patent Office will grant patents, and which the UK Court of Appeal
considers should be patentable.
|
 UK
copyright consultation launched on new look UK Intellectual Property Office
website (17 dec 08)
David Lammy, Minister for Higher Education and Intellectual
Property, has launched a wide-ranging consultation by the Intellectual Property
Office on the future direction of copyright. The aim is to ensure that the UK
copyright system properly supports creativity, promotes investment and jobs
while also inspiring the confidence of businesses and of users (as being fair
and reasonable).
The initial period of the copyright consultation - © The
future: Keeping ahead of the game - will run until February 2009. The
intention is to conclude this work in Summer 2009
The consultation is publicised on the UK Intellectual Property
Office's recently launched, new look website. This introduces a new logo
and branding and provides specific areas for both the general public and IP
specialists. At the same time the Office has decided to drop the "UK"
epithet from its title. The site aims to provide
easier access to online services and its consultations, as well
as providing new interactive features to help education and awareness.
|
 Pharma
company strategies towards generics challenged in EC Inquiry
(28 nov 08)
The European Commission has today published its preliminary
report on the competition inquiry into the pharmaceutical sector, which finds
that competition in this industry does not work as well as it should. According
to the preliminary findings there is evidence that originator companies have
engaged in practices with the objective of delaying or blocking market entry of
competing medicines. Practices vis-à-vis generic companies include multiple
patent applications for the same medicine (so-called patent clusters),
initiation of disputes and litigation, conclusion of patent settlements which
constrain market entry of generic companies and interventions before national
authorities when generic companies ask for regulatory approvals.
Competition Commissioner Neelie Kroes said: “Competition in
the pharmaceuticals market is vital for people to get affordable and innovative
medicines, and to make sure that taxpayers get the best value for money out of
their healthcare system. These preliminary results show that market entry of
generic companies and the development of new and more affordable medicines is
sometimes blocked or delayed, at significant cost to healthcare systems,
consumers and taxpayers. We now have a solid view of what is happening and why:
the next step is to discuss our findings with the stakeholders and to draw the
necessary conclusions. It is still early days, but the Commission will not
hesitate to open antitrust cases against companies where there are indications
that the antitrust rules may have been breached."
|
 Breast
cancer diagnosis European patents upheld (20 nov 08)
In the latest in a series of important decisions for gene
related patents, on 19th Nov the Technical Appeal Board of the European Patent
Office upheld a key patent EP 699754 held by the US biotech company Myriad
Genetics Inc concerning a method to diagnose breast and ovarian cancer involving
the human breast cancer susceptibility BRCA1 gene. This follows the
decision last week to uphold another of Myriad's patents EP 705903 protecting
the genetic mutations associated with the gene but with the original scope of
protection cut back considerably. The patent EP 705902 claiming the
BRAC1 gene itself was upheld on appeal last year but again with much reduced
scope.
These patents which first appeared in 2001 and the way in
which the cancer diagnostic tests have been commercialised by Myriad have
sparked much criticism particularly in Europe. The reasoning for the
latest decision is not yet available but will be published soon by the EPO.
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 ICC
launches IP Guidelines for business (11 nov 08)
On 17 October 2008, the ICC's initiative Business Action to
Stop Counterfeiting and Piracy (BASCAP) launched its new IP Guidelines for
Business during a special session at the EU Conference on Industrial
Property Rights - see item below.
Internal Market. The Guidelines were developed to provide
information on practical steps businesses can take to protect their IP, as well
as protect against the risk of using counterfeit materials or infringing other
companies’ IP rights.
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EPO
enlarged appeal board to give opinion on software patenting (11
nov 08)
The European Patent Office President, Alison Brimelow has
referred several key contentious questions about the patenting of software
inventions to the Enlarged Board of Appeal which gives the EPO guidance on legal
matters under the EU Patent Convention (EPC). Although all countries which
have adopted the EPC are supposed to apply the patent law in the same way, in
practice there has been considerable divergence when considering the
patentability of software related inventions. Even the EPO's own Boards of
Appeal have issued divergent decisions in this subject area. However it
may be more than a year yet before the Enlarged Board issues its opinion and
provides the necessary guidance to applicants as well as the courts in this
important area of technology.
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McCreevy urges adoption of Community Patent with
uniform jurisdiction system
(21 oct 08)3/08
Addressing the Conference on EU Industrial Property
Rights in Strasbourg on October16th, Commissioner Charlie McCreevy again urged
early adoption of a Community patent for the Single Market coupled with a
uniform specialist court system for patent litigation. Some quotes
from his speech follow:
"We need to put an end to the fragmentation of the market
in patents and reduce unnecessary costs and red tape. I strongly believe we
can only do this by creating a Community patent for the Single Market."
"What we also need is a specialist patent jurisdiction
that will provide for trans-national or EU-wide decisions. With this, we can
do away with cumbersome and costly litigation where the same patent is
argued over in the national courts of our different Member States."
"Further progress with the patent reform agenda requires
the acceptance of political realities and pragmatic solutions that will work
in practice. The window of opportunity for a breakthrough is currently open.
Now, what is needed most is the political will to reach a compromise. And
once a political agreement is reached, the required legal instruments will
already have been agreed."
"I believe that intellectual property is one of Europe's
greatest assets. It is a primary fuel for business and allows our consumers
to benefit from living in the most inventive region in the world. The future
for Europe is dependent on creating the conditions and support for top
quality intellectual property. That is why we must continue to strive for an
IPR system which is the most competitive in the world."
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patenting
software related inventions eased in the UK? (14 oct 08)
In an important precedent for software related inventions, the
UK Court of Appeal has confirmed the Patent Court's decision in March of this
year that the UK Intellectual Property Office was wrong to reject Symbian's
patent application as being nothing more than software.
In the Patent Court Mr Justice Patten had held that:
"the Hearing Officer took too narrow a view of the
technical effect of the invention and was wrong to exclude it from
patentability on the basis that it amounted to no more than a computer
program"
Lord Neuberger in giving the Court of Appeal's decision, said
that Symbian's software produced an effect on other pieces of technology and it
was this which made it eligible for a patent.
"A computer with this program operates better than a
similar prior art computer. To say 'oh but that is only because it is a
better program – the computer itself is unchanged' gives no credit to the
practical reality of what is achieved by the program. As a matter of such
reality there is more than just a 'better program', there is a faster and
more reliable computer."
He also said that it was desirable as far as possible to read
the law so that the UK patent office and the EPO reached similar decisions - the
EPO had granted the corresponding European patent application by Symbian.
It is expected that the UK-IPO will now revise its practice direction.
The Chartered Institute of Patent Attorneys (CIPA) said that
it believes that the ruling will make it easier to acquire patents for software
in the UK.
"The decision is particularly beneficial for SMEs, who can
now pursue computer-related inventions at the UK-IPO rather than at the more
expensive EPO," said Dr John Collins, a member of CIPA's Computer Technology
Committee. "The clear and authoritative guidance from the Court of Appeal
will end a difficult period of uncertainty and confusion for UK inventors."
|
 UK
IP responsibilities - all change again (14 oct 08)
Responsibility for IP in the UK has changed again following
the latest reshuffle of ministerial posts. David Lammy has been
appointed the Minister of State for Higher Education and Intellectual Property
within the Department of Innovation, Universities and Skills (DIUS). In
addition to his role in Higher Education, he is responsible to the Secretary of
State, John Denham, for developing and implementing an intellectual property
system that promotes creativity and innovation in the UK. He also has
responsibility for the UK Intellectual Property Office and Policy on copyright
and patent issues.
|
 "a
grand day out" for aspiring young inventors?
Oscar® winners Wallace and Gromit will be at the heart of a major UK
government-backed exhibition at the Science Museum designed to inspire a new
generation of British innovators. The exhibition, due to open in spring
2009, will tap into Wallace and Gromit's famous flair for invention with
interactive exhibits, creative activities and animated displays.
It will also have a serious side - encouraging innovators young and old to
protect their intellectual property to ensure they derive the maximum value from
their ideas, and to encourage a positive respect for the intellectual property
of others.
|
 Francis
Gurry appointed as new Director General (23 sep 08)
The General Assembly of WIPO has appointed Francis Gurry, an Australian
national, to be the next Director General in succession to the current DG, Kamil
idris of Sudan. Mr Gurry will serve a term of 6 years starting on 1st Oct.
The rumoured disquiet from a number of developing countries with the closeness
of the May vote in the WIPO Coordination Committee did not surface into a
further vote and Mr Gurry was appointed with acclaim by the General Assembly.
In his acceptance speech, Mr. Gurry outlined his future priorities and
commitment to the strategic realignment of WIPO. He highlighted the
challenge posed by the growing demand for patent services around the world, the
future of copyright in a rapidly evolving business and technological environment
and addressing the widespread trade in counterfeit and pirated goods and
WIPO’s role in this endeavor. Mr. Gurry committed to build on the work of the
Development Agenda, to ensure all countries were in a position to actively
participate in the benefits of innovation and the knowledge economy.
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page updated:
16 Feb 2010
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