World Intellectual Property Review


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World Intellectual Property Review: ISSN 1758-7528 (Print)


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www.worldipreview.com EDITORIAL PANEL


Stefan Abel, partner, Bardehle Pagenberg


Roberto Arochi, partner, Arochi Marroquín & Lindner SC


Roberto Barchiesi, president, International AntiCounterfeiting Coalition


Colin Davies, director, Intellectual Property Law Unit, University of Glamorgan


Ronald Faggetter, managing partner, Smart & Biggar/ Fetherstonhaugh


Maurice Gonsalves, partner, Mallesons Stephen Jaques


Richard Gough, partner, Baker & McKenzie


Lewis Gould, partner, Duane Morris LLP


Chris McLeod, director of trademarks, Squire Sanders Hammonds


Jacqueline Needle, partner, Beck Greener


Sergio Olivares, partner, Olivares & Cia


John Pegram, senior principal, Fish and Richardson PC


Rebecca L. Roby, senior director of business affairs, Hard Rock International


Pier Luigi Roncaglia, partner, Studio Legale SIB


Mario Soerensen Garcia, founder and managing partner, Soerensen Garcia Advogados Associados


Paul J. Sutton, co-founding partner, Sutton Magidoff LLP


Geoff Wicks, chief executive officer, NetNames


Stephen Yang, partner, Peksung Intellectual Property


World Intellectual Property Review March/April 2012


EDITOR’S NOTE Some bright spark


Te Supreme Court’s decision in Mayo v Prometheus raises as many questions as it answers. How widely applicable is the ruling? How widely applied will it be? Does it mean, as some have said, that personalised medicine is under threat because the Supreme Court has taken too expansive a view of what constitutes ‘natural’? Or is it fact-specific, relevant to the particular case at hand and accompanied by limited wider effects?


Time will tell, as it usually does, but it’s fair to say that therapeutics and diagnostics businesses in the US will be resting slightly less easily as a result. In the short term, patients can look forward to greater access to certain types of tests, but whether that will hold in the long term if companies stop attempting to develop them, remains to be seen. And the Supreme Court has already returned the controversial Myriad gene patents case to the Federal Circuit for reconsideration in light of Prometheus.


If the hot patent arguments seem to be clustered around life sciences and computer technologies at the moment, there’s only one game in town for those interested in trademark and copyright infringement: the Internet.


In this issue, we look at how companies can police their trademarks by targeting advertising providers to persuade them to cut off potential revenues to infringing websites. And in the case of sites that link to copyright-infringing material and make money through advertising, sometimes informing the advertisers of who they are (normally unwittingly) doing business with may be enough to strangle the site’s lifeblood. Both of these approaches have the distinct advantage of avoiding a lengthy hunt for infringers, followed by litigation or police action.


One of the other effects of the Internet has been to demonstrate beyond doubt that intellectual property is a global issue. With that in mind, we take a look at a part of the world that is becoming more and more important in the IP field: Australia. We speak to Philip Noonan, director general of IP Australia, about reform to the country’s IP laws, the challenges his organisation faces and the steps it takes to work with international partners. We also hear from private practitioners on the new bill and some of the copyright and trademarks cases that have been occupying IP lawyers in Australia in recent months.


Finally, this issue features a rare treat: US author Lewis Hyde, whose book Common as Air is published in the UK this month, gives us his thoughts on the Supreme Court’s decision in Golan v Holder, a US copyright case that, in his view, gives too much protection to creators and threatens the ‘public domain’ as we recognise it.


Peter Scott Editor


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