Search Results for: injunction

Posner’s dismissals of the patent infringement suits in Apple versus Motorola cites eBay and compulsory licensing

Posted on by Thiru

On 22 June 2012, Judge Richard Posner, dismissed with prejudice the patent infringement suits filed in Apple Inc. and NEXT Software, Inc. v Motorola, Inc. and Motorola Mobility, Inc. in the United States District Court for the Northern District of Illinois (Eastern Division). In this case, the judge cited the eBay decision noting that neither party was entitled to injunctive relief as neither party demonstrated that “damages would not be an adequate remedy”. Continue Reading →

The European Orphan Works Directive: a missed opportunity?

Posted on by Manon Ress

Earlier this month, the European Parliament and the European Commission released a new compromise text on orphan works.

The Compromise Text is available here:
http://register.consilium.europa.eu/pdf/en/12/st10/st10953.en12.pdf

KEI sees the text as a step backwards for access to knowledge. The proposed directive makes far too many compromises, is too limited in terms of the beneficiaries and uses of works, and creates complicated, burdensome and costly procedures and record keeping requirements.

Background on earlier EU consultations

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KEI Statement on India’s granting of compulsory license to patents on cancer drug sorafenib (NATCO Vs. BAYER)

Posted on by James Love

The India Controller General Controller General of Patents, Designs & Trade Marks has just (March 12, 2012) issued an order granting a compulsory license to patents on the cancer drug sorafenib/Nexavar, in the matter of NATCO Vs. BAYER. A copy of the decision is attached below.

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28 February 2012: Intervention delivered by Ecuador @ WTO TRIPS Council raising concerns with ACTA

Posted on by Thiru

According to informed sources, the delegation of Ecuador delivered the following statement to the WTO Council for TRIPS on Tuesday, 28 February 2012 raising concerns that the damages section found under Article 9 of ACTA could potentially chill the flexibilities found under Article 44 of the TRIPS Agreement which sets out the WTO rules on injunctions.

CONSEJO DE LOS ADPIC
28-29 DE FEBRERO DE 2012
PUNTO N. DE LA AGENDA
INTERVENCIÓN DEL ECUADOR

Señor Presidente,

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2012: KEI asks Senator Leahy (D-VT) to demand greater transparency in the TPPA

Posted on by Krista Cox

On January 26, 2012, KEI sent a letter to Senator Patrick Leahy (D-VT), Chairman of the Judiciary Committee, calling for greater transparency in the Trans-Pacific Partnership Agreement (TPPA). The letter highlights the fact that the general public is kept in the dark regarding negotiating positions and the actual text while “cleared advisers” and corporate lobbyists have unequal access to information. It calls for Senator Leahy to urge the Obama Administration to release the negotiating text in order to allow full and effective public participation in our democratic society.

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WTO TRIPS Council: India raises concerns on ACTA and TPPA on discussion of “Trends in the Enforcement of IPRs”

Posted on by Thiru

On 25 October 2011, India delivered the following intervention at the WTO TRIPS Council raising concerns on ACTA and the TPPA during discussions of “Trends in the Enforcement of Intellectual Property Rights”. On ACTA, India voiced concerns on the scope of ACTA’s civil enforcement measures, border measures potential role in the seizure of generic medicines, third party liability, damages and also raised systemic issues such as how WTO MFN obligations would affect WTO members who are not ACTA parties,

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