Archive for the ‘Cross Border Issues’ Category

Is Canada Delivering on its Pledge to Aid Africa?

Tuesday, April 1st, 2008

In 1999, between 1.3 and 2.1 billion people did not have access to essential medicines (around 30% of the world’s population), with most of these people being concentrated in Africa and India.[1] In May 2004, after pressure from Canadian civil society groups and Stephen Lewis (the UN Special Envoy on ...

GIs: New World Countries Must Bargain

Sunday, March 2nd, 2008

Geographical Indicators are terms used to define names that are affixed to predominantly agricultural products (although GIs are also used for other products such as crafts and jewellery, this kind of use is less common) originating from specific geographical regions where these products are grown and manufactured and from which ...

The Problems Associated with the Expanding Reach of US Patents

Tuesday, November 13th, 2007

Over the years, judicial and legislative efforts have dramatically changed the face of US patent law. Traditionally, the United States prescribed to a patent law regime which was territorial in nature, meaning that in order for a finding of infringement to be made, the infraction had to occur wholly within ...

Linden Lab’s Second Life Taking on Too Many Lives

Tuesday, November 13th, 2007

It is important to appreciate that the principal issue in this case surrounds the notion of a contract to purchase virtual land. The onus was on Linden Lab to ensure that their online purchasing system was intact and not penetrable to unfair usages by purchasers. On the other hand, it ...

The Negative Effects of Thailand Invoking Article 31

Tuesday, November 13th, 2007

 In 2003, the Tufts Center for the Study of Drug Development ("Tufts") estimated the cost to develop a new drug to be in excess of $850 million.  Today, that figure is likely well into the billions.  Tufts also found that approximately 20% of new drugs that enter clinical testing eventually receive U.S. marketing approval.  ...

Good vs. Evil? India rejects Novartis claim on drug improvements

Tuesday, November 13th, 2007

India’s rejection of Novartis’ claim on drug improvements highlights the flexibility of India’s patent laws. Such flexibility stands in sharp contrast to the World Trade Organization’s efforts to set standards for intellectual property regulation (via TRIPS agreement) and has enabled India to ...

Synthetic Life Forms – The New Patent Frontier

Tuesday, November 13th, 2007

In May of 2007 scientists at J. Craig Venter Institute filed a U.S. patent application on the world's first synthetic living organism (U.S. Patent application number 20070122826). The patent application claims include a set of essential genes required to provide the bare essentials of life as well as a "free-living organism that can grow and ...

The Expanding Reach of U.S. Patent Laws

Tuesday, November 13th, 2007

Under traditional legal norms, US patent laws did not extend beyond the territorial bounds of the union. With a quick one-two punch, however, the US court of Appeals for the Federal Circuit (CAFC) has expanded the extraterritorial reach of patent law. I tend to agree with the statement above (from the Article The Expanding Reach ...