IP topics

The upcoming meeting, designated as WIPO/IP-CR/SCL/25, is scheduled to take place from March 4 to March 5, 2025, in Santiago, Chile, and will be conducted onsite. Sessions are set to commence at 09:30 and conclude at 17:00, adhering to Santiago's local time. This gathering follows the previous meeting, WIPO/IP-CR/BDO/24, and precedes future discussions in the series. The agenda will encompass a variety of workshops and seminars, aimed at fostering collaboration and knowledge exchange among participants in the field of intellectual property and related areas.

On March 6, 2025, in Geneva, Switzerland, significant developments are anticipated, reflecting the city’s central role in global affairs. This event is expected to attract a diverse array of international participants, each poised to engage in meaningful dialogues and negotiations. The atmosphere will likely be charged with the anticipation of new agreements and collaborations aimed at addressing pressing global challenges. As representatives from various sectors converge, the potential for innovative solutions and impactful initiatives will be at the forefront, underscoring Geneva’s importance as a hub for diplomacy and international cooperation in the contemporary landscape.

A workshop focused on enhancing project management and patent search capabilities for Technology and Innovation Support Centers (TISCs) was conducted, aiming to equip participants with essential skills. This training initiative emphasized the importance of effective management strategies and proficient search techniques in navigating the complexities of intellectual property. By fostering a collaborative learning environment, attendees were encouraged to engage actively, share insights, and develop practical competencies that are vital for supporting innovation and technology transfer. Ultimately, the workshop sought to empower TISCs to better assist inventors and entrepreneurs in leveraging their intellectual assets for economic growth.

On March 4, 2025, Tokyo, Japan, witnessed a significant event that captured attention globally. Participants engaged in dynamic discussions concerning emerging technologies and their transformative impact on various sectors. The conference, attended by influential leaders and innovators, provided a platform for exchanging groundbreaking ideas and fostering collaborations. Attendees delved into topics ranging from advancements in artificial intelligence to sustainable development solutions, reflecting a collective ambition to address pressing global challenges. The exchange of insights during the event not only highlighted Japan's pivotal role in technology but also underscored the importance of international cooperation in navigating the future landscape of innovation.

The WIPO Madrid System webinar offers an insightful exploration into the international protection of trademarks, particularly tailored for small and medium-sized enterprises (SMEs). Conducted in Russian, the session elucidates the intricacies of utilizing the Madrid System to safeguard intellectual property across multiple jurisdictions. Participants are guided through the process of filing international trademark applications, highlighting the advantages of streamlined procedures and reduced costs. Emphasizing the significance of trademark protection in a globalized market, the webinar serves as a valuable resource for SMEs aiming to enhance their brand visibility and secure their intellectual assets on an international scale.

In a noteworthy shift in policy, Acting USPTO Director Coke Stewart has overturned the June 21, 2022, Vidal memorandum, which had previously restricted the discretionary denial of post-grant proceedings at the PTAB. This change likely signifies a resurgence in the PTAB's ability to deny the institution of inter partes reviews (IPRs) in instances of concurrent district court litigation. Anticipating an increase in discretionary denials of IPR petitions, patent holders engaged in district court cases are now seeking expedited strategies to substantiate the appropriateness of these denials. The USPTO's brief announcement encourages reliance on established PTAB precedents, citing key decisions that will now guide future actions.

A summary of recent activities surrounding the Unified Patent Court (UPC) reveals minimal developments at the UPC itself, overshadowed by a European Court of Justice (ECJ) ruling that allows the UPC to impose remedies across European Patent Convention (EPC) contracting states, contingent on the defendant’s residence. Notably, the ruling in BSH Hausgeräte v. Electrolux opens new avenues for the UPC, likened to transformative rulings in sports. Additionally, various cases are ongoing, including Grundfos versus Hefei Xinhu in Düsseldorf, where a Chinese revocation decision was deemed irrelevant, and notable appointments in the court's roster, enhancing its functionality amidst a backdrop of emerging litigation.

On February 25, Judge Timothy Reif of the New York District Court ruled that artist Jeff Koons did not plagiarize the sculptures created by set designer Michael Hayden for Ilona Staller’s performances. Hayden, who worked in Italy during the 1980s, discovered in 2019 that Koons had incorporated his sculptures into works like "Made in Heaven." Subsequently, Hayden filed a copyright infringement lawsuit in 2021, claiming plagiarism. However, the court determined that Hayden's claim was time-barred under U.S. copyright law, as he only recognized the infringement years later. Additionally, the Visual Artist Rights Act did not apply to works created before its 1991 enactment, further undermining Hayden's case.

Most patent appeals are adjudicated by the U.S. Court of Appeals for the Federal Circuit, which generally addresses cases involving claims or counterclaims related to U.S. patent legislation. Nonetheless, patent issues can emerge in settings beyond the Federal Circuit's scope, particularly in disputes over licensing and patent misuse. A pertinent example is the recent Ninth Circuit ruling in C.R. Bard, Inc. v. Atrium Medical Corp., 112 F.4th 1182 (9th Cir. 2024). This case underscores persistent challenges regarding patent misuse and references landmark Supreme Court rulings such as Brulotte v. Thys Co. and Kimble v. Marvel Entertainment, LLC.

The U.S. Patent and Trademark Office (USPTO), currently under the leadership of Acting Director Coke Morgan Stewart, has annulled a previous memorandum issued by former Director Kathi Vidal in 2022. This memorandum outlined the “Interim Procedure for Discretionary Denials in AIA Post-Grant Proceedings with Parallel District Court Litigation,” detailing conditions under which the Patent Trial and Appeal Board (PTAB) would refrain from denying the initiation of inter partes reviews (IPR) or post-grant reviews (PGR). Specifically, it addressed scenarios involving compelling evidence of unpatentability, parallel International Trade Commission (ITC) proceedings, and stipulations from petitioners regarding litigation grounds.