Introduction
I. Scope of Patentability
II. Evergreening Patents
III. Patent Trolls
IV. Presumption of Validity
V. Injunctions
VI. Exclusive Rights Over Test Data
VII. Patent Linkage
VIII. Delinkage/Positive Agenda
Conclusion

Introduction

In July 2013, the Department of Commerce Internet Policy Task Force published its awaited Green Paper on Copyright Policy, Creativity, and Innovation in the Digital Economy. It is over 100 pages long and 540 footnotes and a good read for anyone interested in copyright and the online environment.

In 1998 a treaty on R&D went into force between the United States and the European Communities. The "Agreement for scientific and technological cooperation between the European Community and the Government of the United States of America - Intellectual property" sets out a list of cooperative activities in Article 4, and provides an appendix addressing the intellectual property rights that come from those collaborations.

During the October 2013 WTO TRIPS Council, India delivered the following intervention on Intellectual Property and Sports. The European Union, Jamaica, Mexico and the United States had requested this agenda item placed for discussion.

Intervention on IP and Sports

On 10 October 2013, India delivered the following intervention at the WTO TRIPS Council's annual review of the paragraph 6 system.

Para 6 Mechanism

At the October 2013 WTO TRIPS Council, Venezuela delivered the following intervention on intellectual property and sports noting that the WTO should not duplicate WIPO negotiations on a possible treaty for the protection on broadcasting organizations.

Punto 13: Propiedad Intelectual y Deportes

Gracias señor Presidente

On Thursday, 10 October 2013, India delivered this intervention on Article 66.2 of the TRIPS Agreement mandates developed country members of the WTO to "provide incentives to enterprises and institutions in their territories for the purpose of promoting and encouraging technology transfer to least-developed country Members in order to enable them to create a sound and viable technological base."

Intervention on Art 66.2

USPTO has confirmed that on October 2, 2013, the United States has signed the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled. The U.S. signing, which was not accompanied by a press release, took place on the last day of the WIPO General Assembly, and one day after the United States government began to shut down non-essential operations as a consequence of disputes over the Affordable Care Act.

We sent this letter to the Hill today.

October 8, 2013

Dear Senators Reid and McConnell, Representatives Boehner and Pelosi,

We are writing to ask that Congress hold a hearing on the failure of the NIH to exercise its authority to protect the public from abuses in federally funded inventions.

Since the passage of the Bayh­Dole Act in 1980, the Department of Health and Human Services (DHHS) has never granted a petition to "march in" to permit third parties to use patents invented on federally funded research in response to abuses of the patent rights.

In 2012 the US Patent and Trademark Office (USPTO) published a study titled "Intellectual Property and the U.S. Economy: Industries in Focus" which estimated the number of jobs if various "IP intensive" industries. The study was immediately panned by critics for its broad definitions -- grocery stores were the top "ip intensive industry" in the United States, but it became a source of go-to-statistics for every PhRMA and publisher lobby group pushing new privileges and subsidies. (Commentary here: http://keionline.org/node/1432)

Table of Contents:

Introduction
I. Parallel Importation
II. Copyright Terms
III. Technological Protection Measures
IV. Fair Use
V. Marrakesh Treaty
VI. Libraries, Archives and Museums
VII. Statutory Damages
VIII. Orphan Works
Conclusion

Introduction

The webcast of WIPO General Assemblies taking place this week (September 23 to October 2, 2013) in Geneva, Switzerland is now available on demand. The Standing Committee on Copyright and Related Rights (SCCR) work program starts at minute 33 of the morning session of Thursday September 26 (first video of the day). It is all about broadcasting & webcasting and whether or not the casting treaty is ready or not ready for prime time, it seems to be moving quite fast to the top of the agenda of the SCCR.

Noting that the "decisive factors in productivity have shifted from land and capital to know-how, technology and skill," and the need for an intellectual property system that will "balance the private rights of inventors with the public needs of society" the Holy See gave the following opening statement at the 51th WIPO General Assembly.

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Statement by H.E. Archbishop Silvano M. Tomasi, Permanent Representative of the Holy See to the United Nations and Other International Organizations in Geneva
51th Series of Meetings of the WIPO Assemblies
September 24,  2013

Delivered September 24, 2013, during NGO statements on agenda Item 5.

Thank you for the opportunity to speak today.

As regards the Marrakesh treaty, KEI offers its sincere and profound thanks to Secretary Francis Gurry, Ambassador Trevor Clarke, Michelle Woods and Geidy Lung and others members of the WIPO staff for their dedication to a successful conclusion to this difficult negotiation.

This was the Developement Agenda Group (DAG) statement from Monday at the WIPO Geneval Assembly.

Thank you Madam President.

First of all, I would like to congratulate you upon your election as Chair of the General Assembly of WIPO. Our group is confident that under your able stewardship we will achieve important results for developing countries, as well as for the intellectual property system.