World Intellectual Property Review is published by: Newton Media Limited 15-17 Newton Way
Woolsthorpe-by-Colsterworth NG33 5NR United Kingdom Telephone: +44 208 290 4943
Directors and publishers Nicholas Lipinski and John Eddington Editor
Peter Scott
Telephone: +44 208 466 7045 Email:
pscott@newtonmedia.co.uk
Sub-editor Susan Gault
Journalists Mark Dugdale Kirsty Whittle
Associate publisher John Haley
Telephone: +44 208 290 0456 Email:
jhaley@worldipreview.com
Advertising manager Matt Saunders
Telephone: +44 1926 423 781 Email:
msaunders@worldipreview.com
Production and design
Strano & Pettigrew Design Associates
www.stranoandpettigrew.com
©Newton Media Limited 2010
All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electrical, mechanical, photocopying,
recording or otherwise without the prior written permission of the publisher.
The views expressed in World Intellectual Property Review are not necessarily those shared by the publisher, Newton Media
Limited. Wishing to reflect the true nature of the market, we have included articles from a number of sources, and the views expressed are those of the individual contributors. No
responsibility or liability is accepted by Newton Media Limited for any loss to any person, legal or physical, as a result of any statement, fact or figure contained in World Intellectual Property Review.
This publication is not a substitute for advice on a specific transaction.
The publication of advertisements does not represent endorsement by the publisher.
World Intellectual Property Review: ISSN 1758-7528 (Print)
Cover image: ©
iStockphoto.com / Pinopic
www.worldipreview.com Now or never
People have been talking about a unified EU patent for decades. In principle, it should be straightforward. Most businesses would agree that they want lower-cost patents with broader geographic coverage and less potential to end up in lots of different court cases across the continent.
But, like most things in Europe, it’s not so simple. Squabbles over language, the future of National Patent Offices and a mooted centralised EU Patent Court have at times looked intractable. Now though, there is an EU Council proposal on the table, based on the work of the European Commission and input from the National Patent Offices themselves. It won’t please everyone, but it probably doesn’t upset anyone too much either. As such, it may just have a chance of getting through.
We talk to some of the key stakeholders, including European Patent Office president Benoit Battistelli and Margot Fröhlinger, director of the knowledge economy at the European Commission’s DG Markt, about the need for and effects of the proposed patent. We also take a look at the proposed patent court (EEUPC), asking IP practitioners what it would mean for them.
We also feature a preview of the upcoming IP Summit in Brussels, interviewing speakers from eBay and Lacoste as well as Battistelli and Fröhlinger. If you’re attending the conference in December, do come and say hello.
Finally, this issue contains a pharmaceutical focus. Jim Greenwood of the Biotechnology Industry Organization writes about the need to protect and encourage innovation in the biotechnology industry, while we also take a look at the status of genetic patents in the US in the context of the ongoing Myriad case and the various amicus briefs on the subject.
All this along with our regular jurisdiction reports, our movers and shakers section, and a round-up of the most important news of the last two months in IP. We also feature round-ups of two recent IP conferences, AIPPI in Paris and CIPA in London. We hope to make these conference reports a regular feature.
As always, don’t hesitate to get in touch with any comments or suggestions. I hope to see some of you in Brussels.
Peter Scott Editor
EDITOR’S NOTE
EDITORIAL PANEL
Ronald Faggetter, managing partner, Smart & Biggar/ Fetherstonhaugh
Mario Soerensen Garcia, founder and managing partner, Soerensen Garcia Advogados Associados
Pier Luigi Roncaglia, partner, Studio Legale SIB
John Pegram, senior principal, Fish and Richardson PC
Rebecca L. Roby, senior director of business affairs, Hard Rock International
Michael Factor, partner, JMB Fa©tor & Co
Sergio Olivares, partner, Olivares & Cia
Chris McLeod, director of trademarks, Hammonds LLP
Jacqueline Needle, partner, Beck Greener
Paul J. Sutton, co-founding partner, Sutton Magidoff LLP
Roberto Arochi, partner, Arochi Marroquín & Lindner SC
Maurice Gonsalves, partner, Mallesons Stephen Jacques
Stephen Yang, partner, Peksung Intellectual Property
Roberto Barchiesi, president, International AntiCounterfeiting Coalition
World Intellectual Property Review November/December 2010
3
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60 |
Page 61 |
Page 62 |
Page 63 |
Page 64 |
Page 65 |
Page 66 |
Page 67 |
Page 68 |
Page 69 |
Page 70 |
Page 71 |
Page 72 |
Page 73 |
Page 74 |
Page 75 |
Page 76 |
Page 77 |
Page 78 |
Page 79 |
Page 80 |
Page 81 |
Page 82 |
Page 83 |
Page 84 |
Page 85 |
Page 86 |
Page 87 |
Page 88 |
Page 89 |
Page 90 |
Page 91 |
Page 92 |
Page 93 |
Page 94 |
Page 95 |
Page 96 |
Page 97 |
Page 98 |
Page 99 |
Page 100 |
Page 101 |
Page 102 |
Page 103 |
Page 104 |
Page 105 |
Page 106 |
Page 107 |
Page 108