Thursday, September 20, 2007

And after all that

The decision of the Court of First Instance upholding the Commission's decision against Microsoft save regarding the appointment of the trustee is likely to be the subject of LOTS of commment elsewhere. Personally, I'm a bit disappointed that there isn't more guidance on whether for refusal to licence to be abusive, we are back to the Volvo esque flexibility or whether the IMS/Magill restrictions still apply. Nice little duck by the court finding that these restrictions were satisfied anyway.

I expect to be reading this decision again and again over the next while so might post further. Discussions of my recent papers at SLS ("Patents, competition and human rights") and Gikii (which was FAB - thanks everyone) ("Playing to win or the game's the thing; competition and human rights in Virtual Worlds") suggest that competition will be a key part of IP and IT (even virtual worlds) for some time.

Thursday, September 06, 2007

And just when it looked like the debate had moved on...

Thanks to IPWatch for this report of a letter by Peter Mandelson, EC Commission complaining to Bangkok about Thai compulsory licensing consistent with TRIPS. If this wasn't problematic enough, there is that new proposed EC legilsation on compulsory licensing and access to medicines........I foresee a few sparks