The new EU "??"

Well, it's slightly unclear what really did result from recent discussions in Brussels, so I can do no better than refer you to the summary by my colleague Mathias Siems.

In terms of detail, the following parts of the Presidency Conclusions are of interest here: para 37 regarding IP and knowledge transfer from the public sector; para 39 regarding access to patented medicines, with particular reference to HIV/AIDS; and para 48 regarding IP, developing countries and the Heiligendhamm Process.

In the draft IGC mandate, para 3 sets out the proposed new EU objectives, with no reference to competition (this having been the subject of much press comment). However, footnote 16 refers to a Protocol on the Internal Market and Competition, and the need to ensure that competition is undistorted. It remains to be seen what this will mean, and what impact this might have an abuse of a dominant position and enforcement of IP - I suspect little....

Of more potential relevance are paras 4 and 5 of the draft mandate which deal with the EU Charter and its fate. However, given the embracing of human rights by national IP courts in individual disputes, and existing EC fundamental rights, I think it unlikely that the presence or absence of the EU Charter will have a significant impact in this field.

But it's a long road ahead.

Are we there yet? The WIPO Development Agenda

Thanks as ever to IP-Watch for the timely report of what looks like significant progress at WIPO. A development agenda has essentially been agreed, with only apparent formalities remaining. The backlash emphasising the place of IP might already have started - but as IP-Watch note, even 2 years ago this would not have happened. What will happen NOW is, of course, the big question. How much practical impact will/can the new agenda have?

It might be supported by the declaration of the G8 this month on health and flexilibites in TRIPS http://www.ip-watch.org/weblog/index.php?p=647&res=1024; and also by the World Health Assembly agreement on public health, innovation and intellectual property http://www.who.int/mediacentre/news/releases/2007/wha02/en/index.html. Such activity. Is the IP and human rights landscape really beginning to change?

ICN Guidance proposed on unilateral conduct

The Annual Conference of the International Competition Network which finished earlier this month in Moscow seems to have been a success.

Interestingly for us, further work is proposed on unilateral conduct. Significant analysis by commentators (Philip Marsden in particular) has considered the challenges in creating one standard for unilateral anticompetitive conduct. However, the topic has long been a focus of the ICN. Another organisation to watch with interest: will they echo the FTC/DoJ report? Will IP receive a full analysis? Will enforcement be considered as well as refusal to license?

Where does the time go....

Apologies for radio silence - slim excuses of marking, writing and indeed trying to keep up with lots of recent developments.

Thanks to the IPkat for prompt report and excellent summary of the Miss World/Channel 4 battle. http://ipkitten.blogspot.com/2007/05/free-speech-v-tms-high-court-approach.html Nice to see trade mark and human rights considered again, would have been even nicer to see some really detailed analysis.

Thanks again to the IPkat for report on the ECHR consideration of an incredibly complex battle regarding the right to use "Stolichnaya" and other alcoholic trade marks (well you know what I mean). The most important point for us is the confirmation (post Budweiser, I'm beginning to see a trend) that trade marks will be considered within the scope of the ECHR right to enjoyment of property. http://cmiskp.echr.coe.int/tkp197/view.asp?item=82&portal=hbkm&action=html&highlight=&sessionid=921606&skin=hudoc-en