China’s Bitter Medicine for Gilead: SIPO Cancels Viread Patent

Last August, China's State Intellectual Property Office (SIPO) invalidated the core patent for Gilead Sciences' flagship drug Viread (as was reported by IPR Daily and a number of other news sources).  This landmark ruling comes on the heels of recent changes to China's compulsory licensing scheme for pharmaceutical products.  This quick-step of legislative reform followed by the […]

Beer, Reform, and Policy: A Pint of Chinese Trade-mark Law

If you want to order a Heineken in China, just ask the bartender for a “喜力啤酒” (pronounced “see lee pee jow”). The second word-pair, “啤酒”(“pee jow”), simply means “beer” and can be ubiquitously used to order beer in China. But the first word-pair, “喜力” (“see lee”), is the trade name chosen by Heineken to represent […]

European Court of Justice Provides Narrow Answer to Question of Jurisdiction for Internet-based Copyright Infringement

Let’s assume you’re a French musician part of a hip British indie-rock band. 30 years later, you discover that an Austrian company has been making unauthorized CDs and a UK-based outfit has been selling them online.  Can your home court in France hear your action against the Austrian CD manufacturer?  According to a recent preliminary […]

When Eagles & Dragons Hunt Pirates: US and China Join Forces to Crack Down on Counterfeiting

The United States and China have joined forces in a combined operation to crack down on counterfeit goods, seizing more than 243,000 counterfeit electronic products, including popular consumer items made by Apple, Samsung, Dr. Dre and Blackberry.

Splitting the Difference Between Antitrust and Intellectual Property: FTC v Actavis

The dividing line between intellectual property and antitrust laws was further clarified last week when the Supreme Court of the United States (SCOTUS) settled a debate on the illegality of Reverse Payment Agreements (RPAs) in Federal Trade Commission (FTC) v Actavis. In so doing, the Court split the difference between the FTC’s assertion that RPAs […]

Mamma Mia: Nintendo Flexes Copyright Against YouTube Video Game Reviewers

Embarrassing marketing gaffe or reasonable exercise of legal rights?  Nintendo issues “Content ID match” claims on "Let’s Play" (LP) videos featuring their game franchises. Prolific YouTube user Zack Scott speaks out against the move.

Mega Rises Again

On Sunday, Kim Dotcom, founder of megaupload.com launched a new site mega.co.nz in a move that has been called the next act in the biggest “SOPA Opera” since the bill’s inception. In this article, the IPilogue brings readers up to speed on the largest criminal copyright infringement case in history. Buckle up folks, this is […]

Staying Abreast of an Isolating Issue: USSC to Rule on Patentability of Human Genes

On November 30, 2012 the US Supreme Court agreed to hear the appeal in the case of Association for Molecular Pathology v Myriad Genetics Inc. In particular, the Court limited its grant of the appeal to the first question posed by the petitioners: “Are human genes patentable?”

"It's Time for Global Peace": US Judge Urges Peace Between Samsung and Apple

“I think it’s time for global peace,” said Justice Koh at the end the post-trial hearing in San Jose on Thursday. After hearing arguments from both Apple and Samsung, Justice Koh will begin her review of the $1.05 billion awarded to Apple by a jury in August.

"It's a New Season at ICANN": Chehadé to Focus on Public Interest, Internationalization, and Operational Efficiency

Canada, the public interest, internationalization and operational efficiency were the overarching themes at the ICANN 45 Opening Ceremonies and President’s Opening Session on Monday.