22 June, 2009

MR. DAVID J. KAPPOS TO LEAD USPTO
The White House has nominated David J. Kappos for Under Secretary of Commerce for IP and as the Director of the United States Patent and Trademark Office (USPTO). He has vast industry experience, which is highly valuable for this position. He also has a demonstrated track record of managing a large organization, and a true appreciation for industrial innovation.

US RECORD INDUSTRY WINS $1.92M FROM FILE SHARER
The Recording Industry  Ass.  of America has won $1.92m in damages against Jammie Thomas-Rasset,  a woman accused of file sharing. She was found guilty of copyright infringement in respect of 24 songs downloaded from, and made available to, the Kazaa file sharing network. There was no evidence that anyone but the prosecution had actually downloaded the songs. She will have to pay $80,000 for each song.

The defence lawyer argued that the RIAA had failed to prove she had actually shared music with anyone - only that her computer contained file sharing software. The RIAA hired MediaSentry which traced files to her IP address and downloaded songs from her shared directory. She used the nickname 'tereastarr' which was also her MySpace log-in.

Even the RIAA seemed a bit embarrassed at the size of the settlement - its potted statement welcomed the verdict but said it had always wished to settle the case for less cash, and was still willing to do so.

CHINA, JAPAN TO LAUNCH TALKS ON COPYRIGHT PIRACY
Japan and China have agreed to launch annual talks on jointly cracking down on copyright infringement and trademark piracy.

A MoU was exchanged between Japan's Minister of Economy, Trade and Industry and the Chinese Commerce Minister in Tokyo. The memorandum says the talks will be at the level of senior officials and hosted alternately by the two countries and the first round of talks are expected later this year.

Japanese companies have protested that some Chinese companies produce fake products ranging from DVDs and fashion items to perfumes and electronics. Japanese officials from the police and the technology and science ministry will be in a better position to tackle the counterfeiting issue.

The talks will also cover stringent punishment for copyright infringement and counterfeit production. The agreement came on the sidelines of a broader economic dialogue between the two nations.

DRUG GROUPS SEEK CURE FOR FAKE PATENT LAWSUITS
Generic drug companies are demanding that pharmaceutical companies post a financial "bond" that they would forfeit if they lose litigation designed to prevent the loss of patents on their medicines.
In submissions to the EC, the European Generic Medicines Association calls for a mechanism to loop up to 20 per cent of the sales from any medicine on which a drug company seeks to maintain its exclusivity through legal action once the patents expire.

This aims at discouraging what the low-cost generic manufacturers claim is a growing number of spurious lawsuits designed to delay competition and maintain high prices on drugs beyond their original patent life.

Its action comes ahead of publication of a final report from Neelie Kroes, the EU competition commissioner, who has issued a contemptuous preliminary analysis of the practices of the pharmaceutical sector designed to freeze generic competition, including settlements between generic and innovator companies to delay generic medicine launches.

Gerard van Odijk, European president and chief executive of Teva, the world's largest generic business, and an advocate of the proposal mentioned that this would rebalance the model. Pharmaceutical boards would be more cautious in defending their patents. He estimated that pharmaceutical companies lost 60-80 per cent of the legal actions designed to stall the launch of generic versions of their medicines, but continued to launch a growing number of cases in the courts.

RAMBUS, A US TECH GROUP AND EU CLOSE IN ON ANTI-TRUST SETTLEMENT
US technology licensing company Rambus has offered to restrict some computer chip technology royalties to settle an antitrust case with EU regulators. In July 2007, the EC filed formal antitrust charges against Rambus alleging that the company had charged unreasonably high royalties on patents for some its computer chip technology.

The case covers patents for Dynamic Random Access Memory (DRAM) chips which are a type of electronic memory primarily used in computer systems, but also in a wide range of other products including printers and cameras. As Rambus owns the patents for the industry-standard DRAM technology, the EC claims manufacturers must either get a licence from the company or fight the patents in court. The commission accused Rambus of engaging in deliberate deceptive conduct in the context of the standard-setting process.

The company ultimately committed to cap its rates for five years.

The commission said it was now seeking comments on the arrangement from third parties in line with EU rules before deciding whether it could serve as a final settlement of the case and without a settlement, Rambus could face fines equivalent to 10 percent of its annual global turnover under EU antitrust rules.

AN INDIAN NGO WARNS AGAINST BIOPIRACY OF CLIMATE-RESILIENT CROPS
Navdanya, a non-governmental organisation (NGO), has sought government intervention to stop biopiracy of climate-resilient crops by global gene giants who are reported to have applied for patents on farmers’ innovation of seeds that are resistant to drought, floods and salinity. By attempting to patent farmers’ innovations, the multi-national gene companies are not only out to make profits but also want to position themselves as saviours of the world against climate change.
“This is a form of biopiracy since the traits that the corporations are patenting have been evolved through centuries of farmers’ breeding. On the basis of this biopiracy, the biotech industry is positioning itself as the “climate saviour,” making governments and the public believe that without them there will be no seeds of climate resilience. The world’s largest seed and agrochemical corporations are stocking hundreds of monopoly patents on genes in plants that the companies will market as crops genetically engineered to withstand environmental stresses such as drought, heat, cold, floods, saline soils and more. BASE, Monsanto, Bayer, Syngenta, Dupont and biotech partners have filed 532 patent documents (a total of 55 patent families) on “climate ready” genes at patent offices around the world. In the face of climate chaos, the Gene Giants are gearing for a PR offensive to re-brand themselves as climate saviours.