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Archive - November 2006
Oxfam under attack from Ghana
Those who see the debate about how patents prevent access to generic drugs in the poorest countries as an open and shut struggle between the developed and the non-developed world would do very well to read this article printed yesterday in one of Ghana's leading newspapers. I will make no comment except to say that I would love to see Oxfam respond.
Posted by Joff Wild, IAM Magazine on 30 November 2006 @ 12:00AM
FFII in software patent anger shock
Back in Europe and, surprise, surprise, there is yet more furore over software patents. This time the Federation for a Free Information Infrastructure (FFII) is up in arms over a Commission report that has the temerity to suggest that not all SMEs view patents, and software patents in particular, as evil incarnate. Instead, the report’s authors say that an increasing number of small firms in Europe rely on patent protection and that many of them, start-ups in particular, use ...
Posted by Joff Wild, IAM Magazine on 30 November 2006 @ 12:00AM
IAFS publishes results of survey on IP risk
The Intangible Asset Finance Society (IAFS) has published the results of a survey it undertook of members, based on the question: "In IP-rich companies, who bears (or should bear) the ultimate risk in IP litigation, IP M&A or technology transfer - shareholders, outside counsel’s E&O insurance, the company’s law department, the company’s D&O insurance or professional IP risk bearers?" The survey incorporated three different risk scenarios: ...
Posted by Joff Wild, IAM Magazine on 30 November 2006 @ 12:00AM
People, we have a problem
There has been plenty of follow up to the KSR v Teleflex oral argument in the Supreme Court on Tuesday (PatentlyO has done its normal top job, for example). Much of it has focused on the apparent scepticism several of the justices expressed about the teaching, suggestion and motivation test for non-obiousness as well as their concerns that there could be judicial chaos if the test were substantially reworked or even replaced. However, I have not seen any commentators talk ...
Posted by Joff Wild, IAM Magazine on 29 November 2006 @ 12:00AM
The Supreme Court struggles with patents
It is not often you see queues of people waiting to get into a court house to sit in on a patent case. But that’s what happened today at the US Supreme Court as the great and the good of the American IP community descended on Washington DC to hear the oral arguments in the KSR International Co v Teleflex Inc et al case. As a reminder, this is a dispute that goes to the heart of the debate about patentability in the US, as it revolves around the way in which obviousness and ...
Posted by Joff Wild, IAM Magazine on 28 November 2006 @ 12:00AM
Clinton, copyright and knowing when to pick a fight
I had a very interesting conversation with Bruce Lehman today. Lehman is currently a senior counsel with Akin Gump and the President of the International Intellectual Property Institute. Earlier this year, he was one of the first inductees into the IP Hall of Fame, principally in recognition of the distinguished work he did as an Under Secretary at the US Commerce Department and the Commissioner of the USPTO during the first six years of the Clinton Presidency. During his time at ...
Posted by Joff Wild, IAM Magazine on 27 November 2006 @ 12:00AM
Catching up with Congress
Now that the dust is fully settled after the recent Congressional elections in the US, people are beginning to think about what Democrat majorities in both houses will mean in practical terms. Atlanta-based law firm Alston & Bird has produced a very helpful summary of the legislative and public policy outlook for the next two years, including a special section on IP from pages 11 to 13. Also worth looking out for are the sections on E-Commerce, Technology and Privacy (pages 4 to ...
Posted by Joff Wild, IAM Magazine on 24 November 2006 @ 12:00AM
A sense of perspective
IAM magazine exists because we believe that intellectual property - in whatever form it takes - is a vital business asset. Our contention is that companies that understand this are going to be in a far stronger position moving forwards that those that do not. But this does not mean intellectual property is always decisive, as many inside the IP bubble - us included, I am sure - sometimes give the impression they think. It was refreshing, therefore, to have a conversation with ...
Posted by Joff Wild, IAM Magazine on 22 November 2006 @ 12:00AM
Why it's time to speak the right language
When people say intellectual property, what do they actually mean? I ask the question because I have attended a couple of events recently in which IP has actually really meant patents and then copyrights. Over the last few weeks, Alison Brimelow – due to become President of the EPO next July – has been hosting a series of discussions based around the question: “Is Europe’s IP system fit for purpose?” This ties in with scenarios work the EPO has ...
Posted by Joff Wild, IAM Magazine on 22 November 2006 @ 12:00AM
The law of unintended consequences, European competition policy style
Policy think tank, the Stockholm Network, has published a fascinating pamphlet written by Duncan Curley, a London-based partner of McDermott Will & Emery (and an IAM contributor). The pamphlet is entitled Innovation, intellectual property and competition - a legal and policy perspective, and takes a close look at the implications of the Commission’s decision in the Microsoft anti-trust case. Just to remind you, in this case Microsoft was ordered to pay a record Euros ...
Posted by Joff Wild, IAM Magazine on 17 November 2006 @ 12:00AM
