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Kista Cox on a provision in the TPP trade negotiation that would restore right to sue surgeons and other medical professionals for patent infringement. The US law (35 USC 287(c)) was changed after lawsuits were filed against surgeons performing certain procedures in eye surgery. USTR and USPTO have been asked to protect this exception in the TPP Intellectual Property Chapter, but have not done so.

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At WIPO SCCR 24, the negotiations on the text of an “instrument” on copyright exceptions for persons with disabilities appear to be going well. For the past year, the delegates have been close on the substantive issues, focusing on a handful of important nuances in the ways that beneficiaries of the agreement are defined, the types of works and rights covered, wording on safeguards, provisions for developing countries, and other technical issues such as the relationship to the Berne and TRIPS three step test. Continue Reading →

Once again a diverse group of NGOS spoke clearly against the treaty for broadcasting organizations. To quote CCIA “While the world’s governments can certainly create legal instruments with any language in them that they wish, surely granting copyright in objects that don’t exist would be difficult to justify to the wider public”. Well, the delegates are now back into informal sessions so the public in fact does not even know why they still work on more rights, (more road blocks) to solve signal piracy, already a crime I believe in most countries!

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On Friday, July 20, 2012, the Court of Appeals for the Federal Circuit again heard the case Association for Molecular Pathology v. United States Patent and Trademark Office. The plaintiffs in the case are represented by the ACLU and PubPat, while the primary defendant in the case is Myriad Genetics.

Case History

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