News from the Manor Vol 16

  1. Commitment on Investment in Access to Essential Medicines Signed at UNCTAD14: On July 21, 2016, UNAIDS and the UN Conference on Trade and Development (UNCTAD), the African Union (AU), and the Kenyan and South African governments signed a commitment at the 14th session of UNCTAD to facilitate investment in Africa’s pharmaceutical industry in order to boost the sector’s production and make available essential medicines for millions of needy people. Nairobi StatementThe commitment named Nairobi Statement on Investment in Access to Medicines aims at spurring, particularly, the manufacture of antiretroviral medicines in the continent worst affected by HIV and AIDS. The commitment is in line with the 2030 UN Sustainable Development Goals (SDGs) on health, which emphasises access to essential medicines for all (No 3), innovation and domestic technology development (No 9) and  on international cooperation and policy coherence (No 17).
  2. SAP/SEP Suffers a Huge Blow: A joint Australia-New Zealand proposal for a unified patent application and examination process appears to have been mooted following its rejection by the New Zealand Parliament’s Commerce Committee on the basis that the purported benefits of the mechanisms either do not exist, or are outweighed by the costs. The proposed single application process (SAP), and single examination process (SEP), was simple – to allow applicants wanting to obtain patents in both Australia and New Zealand to file one common application which would be subject to search and examination by an examiner either at IP Australia or at the Intellectual Property Office of New Zealand (IPONZ).  More on that here.
  3. Marrakesh Treaty to enter into force soon: Canada recently became the key 20th nation to accede to the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled, which will bring the Treaty into force by September 30, 2016. Stevie Wonder, a longtime supporter of the Treaty has this to say.

Lazy…not so lazy Saturday Reads

  1. It would appear that Singaporean courts permit the use of ‘own name’ defense by corporations in trademark infringement suits.
  2. Kenya’s Permanent Presidential Music Commission (PPMC) has released a draft of its proposed National Music Bill and is calling for comments.IP Kenya has some preliminary comments.
  3. IP texts from Africa  are far and in between. As such, new publication are always welcome. However, IP Kenya does not seem impressed by a new book – Intellectual Property Law in East Africa by Prof. Bakibinga and Dr. Kakungulu. What say you?
  4. What do you know about copyright and maps?
  5. What happens when Patentology meets the Productivity Commission on the Patenting of Computer-Implemented Inventions in Australia?
  6. The latest edition of WIPO Magazine.

Lazy…not so lazy Saturday Reads

  1. As a lawyer, it is important to keep your clients informed of matters relating to their brief. Failure to do so may amount to ‘unsatisfactory conduct/unsatisfactory professional conduct’ as held in this Australian case.
  2. We have previously covered the possible implications of Brexit on the IP Community here, but now that the United Kingdom has voted in favour of Brexit following a referendum, it is important to revisit the matter. Numerous articles and announcements have been made by stakeholders in this regard and we have highlighted some for your reading pleasure:

Finally, if any of our readers is confused about Brexit, here is Brexit explained to non-brits because of course, Brits know what Brexit is about anyway.

Lazy…not so lazy Saturday Reads

  1. I am still confused by this complaint sent to IP Factor. The more I read it, the more perplexed I am. Some lawyers ordered lunch to their office for themselves and the client, and invoiced the client. I am almost certain that will never happen in Nigeria. You certainly don’t want your clients thinking you’re miserly.
  2. This is courtesy the Lady’s father – Citigroup Inc (C.N) has sued AT&T Inc (T.N) for the use of “thanks” and “AT&T thanks” in a new customer loyalty program which infringes the former’s trademark rights to the phrase “thankyou”.*sigh* More on that here and here anyway.
  3. Is there a thin line between ‘trademark enforcement’ and ‘trademark bullying’? Find out here.
  4. If the allegation of sampling levelled against Justin Beiber and producer, Skrillex (as well as the other songwriters of ‘Sorry’) by Indie artist, Casey Dienel (aka White Hinterland) were instituted in Australia, here is what the Courts will consider. The song by Dienel is ‘Ring the Bell’.
  5. On patent marking in Australia and its effectiveness.
  6. I absolutely enjoyed reading this post on Cannibalism, Branding and Market Segmentation.

News from the Manor Vol 10

  1. Australian Productivity Commission releases Draft IP Report: The Productivity Commission released its draft report containing recommended changes to Australia’s IP regime on April 29, 2016. This follows from the request by the Federal Government for the Productivity Commission to undertake a comprehensive review of Australia’s IP system. A summary can be found here.

    The public is invited to examine the draft report and to make written submissions by Friday 3 June 2016.The final report is expected to be handed to the Australian Government in August 2016 and published by the Commission a short time later.

  2. Digital Single Market Communications Leaked:  In May 2015, the EU Commission launched the Digital Single Market Strategy. The objectives include:

    Following series of public consultations, Politico has leaked the draft Communication – Online Platforms and the Digital Single Market Opportunities and Challenges for Europe ahead of the anticipated release by the Commission at the end of May, 2016. The Kats have provided an overview of its content here.

  3. Defend Trade Secrets Act Passed: Following the unanimous passage of  S.1890, the Defend Trade Secrets Act (DTSA) by the US Senate earlier this month, the House of Representatives passed the Act in a 410-2 vote on April 27, 2016. The Act will be presented to President Obama for his signature. For more reading on the DTSA, see here and here. You would recall that the EU Trade Secrets Directive was passed 2 weeks ago. A consolidated version of the agreed text of the Directive has been published in the Council Register and can be found here.
  4. IPReg appoints new Chair: Caroline Corby has been appointed as Chair of the Intellectual Property Regulation Board (IPReg), the regulatory body of patent attorneys and trade mark attorneys. More on that here.
  5. In related news, Justice Arnold has been appointed to the Enlarged Board of Appeal of the European Patent Office as a replacement for Lord Justice Floyd, who has been the UK external member of the Enlarged Board for some years.

Lazy…not so lazy Saturday Reads

  1. It has taken Mr Makate 15 years to get justice against Vodacom for an idea he pitched to the company that would later earn them billions of Rand. Mr Makete should be the new poster child for long suffering. Darren Olivier highlights some lessons from the case here.
  2. If you want to patent your invention in Australia and the United States of America, this is for you. See here for a tongue-in-cheek guideline to registering your trademarks in Nigeria.
  3. The irony when one IP Lawyer copies another IP Lawyer on …. you guessed right. Copying!
  4. Inspired by the trademark battle between Nestle and Cadbury, Prateek Surisetti examines the implications of trademarking colours in a 2-part post here and here.
  5. Why you should work for a Startup.