With the third issue of the journal we are also witnessing a significant change of seasons in London; an uncharacteristically cooperative summer is now ceding to the colours of Autumn.
Developments in intellectual property are in a similar state of seasonal transition, including the recent adoption of the Anti-Counterfeiting Trade Agreement (ACTA) and the Wittem Group Draft for a Copyright Code for the EU. In the UK, there is currently an intense interest in copyright and the creative industries, particularly in the context of widening industry and academic engagement. And the relationship between intellectual property and the ethical parameters of subject matter continue to be explored in the context of developments in patent law and biotechnology. More widely, the important reversal of the decision in The Association for Molecular Pathology v United States Patent and Trademark Office, United States Court of Appeals, Federal Circuit (NY), 29 July 2011, marks a significant development in the international discourse on the patentability of gene-related inventions.
Lucky Belder, Léon Dijkman and Arne Mombers explore the Wittem Group Draft for a Copyright Code for the EU, resonating usefully with the analysis piece from the Hon Mr Justice Arnold, examining the categorization of copyright subject matter.
In the first of a special two-part critique, Timo Minssen and David Nilsson investigate the reversal of AMP v USPTO, raising the significant issues of scope, commercial practice and a wider consideration of public health and policy.
Finally, in the Anti-Counterfeiting Trade Agreement (ACTA), a document in which converge the issues of competence, subject matter and protection of intellectual property beyond the immediate framework, Rita Matulionyte examines the persistent concerns and the impact on use, practice and products.
This issue of QMJIP thus contributes some critical and insightful links between developments in Europe and the US, through the lens of copyright, the patentability of gene-related inventions and the question of broadening competence in enforcement. We hope readers and contributors will join the debate.
Professor Johanna Gibson - Herchel Smith Professor of Intellectual Property Law, Queen Mary University of London
Lord Hoffmann - Honorary Professor of Intellectual Property Law, Queen Mary University of London