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Absence of Common Patent filing system in EU causes stear among the members and affected SMEs worst August 22, 2008

Posted by mais in EU, IP Systems, IPR Laws.
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Since 1970, European Union (then European Community) is trying to gain consensus on  the common patent filing  system. Till now an applicant has to filed application in all member countries in their individual language, which involved translations a costly affair for SMEs. However a proposal to file patent applications in English, French or German or in the official tongue of the country in which a firm is based, has spurt new controversy as French and Spanish are stuck to include their language as official language for any such system. Read more from Ip-watch


Evaluation of EU Rules on Databases December 15, 2005

Posted by mais in EU.
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Interesting development on database protection tracked by BLOG@IP::JUR


‘[…] The European Commission has published an evaluation of the protection EU law gives to databases. EU law protects databases by copyright if they are sufficiently creative. Other databases, especially those that are compilations of information or commonplace data, such as telephone directories, music charts or football match listings, may benefit from a new form of protection introduced by the 1996 Database Directive. This protection is known as the ‘sui generis’ database right, i.e. a specific property right for databases that is unrelated to other forms of protection such as copyright. The evaluation focuses on whether the introduction of this right led to an increase in the European database industry’s rate of growth and in database production. It also looks at whether the scope of the right targets those areas where Europe needs to encourage innovation. Stakeholders are invited to comment on the evaluation by 12 March 2006. […]’

The evaluation paper is available EXTERNAL LINKhere. Policy options discussed therein are:

* Option 1: Repeal the whole Directive;
* Option 2: Withdraw the ‘sui generis’ right;
* Option 3: Amend the ‘sui generis’ provisions; and
* Option 4: Maintaining the status quo.

‘[…] Before deciding on its future policy approach with respect to the ‘sui generis’ protection for ‘non-original’ databases, the Commission services deem it appropriate to further consult stakeholders on the four policy options outlined above. Stakeholder consultation should also provide further evidence on the economic impact of ‘sui generis’ protection in stimulating the production of European databases. Stakeholders are invited to submit their observations by 12 March 2006.'”

European Commission Proposes New I/P Directive August 22, 2005

Posted by mais in EU, IP Systems.
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I/P Updates: European Commission Proposes New I/P Directive: “European Commission Proposes New I/P Directive

On 12 July 2005, the European Commission proposed a new directive on ‘criminal measures aimed at ensuring the enforcement of intellectual property rights.‘ Under the proposed directive, all intentional infringements of an intellectual property right on a commercial scale, and attempting, aiding or abetting and inciting such infringements are treated as criminal offences. The proposal for a framework decision also sets a threshold for criminal penalties including at least four years’ imprisonment if the offence involves a criminal organisation or if it jeopardises public health and safety. The applicable fine must be at least EUR 100 000 to EUR 300 000 for cases involving criminal organisations or posing a risk to public health and safety. However, the proposal allows Member States to apply tougher penalties.

According to the press release by the EC, ‘the Commission hopes that this clear political signal reflecting the determination to combat piracy and counterfeiting will be supported by concerted, long-term information campaigns by national and regional authorities and other interested parties to raise awareness, not only among key players in the fight against counterfeiting and piracy but also amongst the wider public as a whole.’

Click here for a primer on European Union law.”

No Progress on Bio/TK Disclosure for Patents September 30, 2004

Posted by mais in EU, India, IP Systems, Patent, TRIPS, WTO.
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I/P Updates: TRIPS: No Progress on Bio/TK Disclosure for Patents – News and Information for Intellectual Property Practitioners: “TRIPS: No Progress on Bio/TK Disclosure for Patents
According to an article in BRIDGES Trade BioRes, Vol. 4 No. 17 23 September, 2004
, the Council for Trade-related Aspects of Intellectual Property Rights (TRIPS) considered a proposal by Brazil, India, Pakistan, Peru, Thailand, and Venezuela on September 21, 2004 suggesting a checklist of issues to be covered in negotiations on biodiversity, traditional knowledge and folklore. The proposal elaborates on possible disclosure requirements in patent applications relating to the source and country of origin of a biological resource and/or traditional knowledge used in an invention.

The US and Japan again voiced their opposition to using the checklist. No substantive progress was made and the meeting closed after one day rather than the scheduled two. The next TRIPS Council is reportedly scheduled for December 1-2.
posted at 1:58 PM ”

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