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IP-Watch interns talk about their Geneva experience in summer 2013. 2:42.

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2. You understand and agree that Intellectual Property Watch is not responsible for any content posted by you or third parties. You further understand that IP Watch does not monitor the content posted. Nevertheless, IP Watch may monitor the any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent nor notice. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site. IP Watch is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability or otherwise accept liability for it.

3. By submitting any contribution to IP Watch, you warrant that your contribution is your own original work and that you have the right to make it available to IP Watch for all purposes and you agree to indemnify IP Watch, its directors, employees and agents against all damages, legal fees and others expenses that may be incurred by IP Watch as a result of your breach of warranty or of these terms.

4. You further agree not to publish any personal information about yourself or anyone else (for example telephone number or home address). If you add a comment to a blog, be aware that your email address will be apparent.

5. IP Watch will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.

6. You understand and agree that the discussion forums are to be used only for non-commercial purposes. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in our discussion forums.

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8. For any content that you post, you hereby grant to IP Watch the royalty-free, irrevocable, perpetual, exclusive and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed.

9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.

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    Year Ahead: Busy Copyright Schedule As Europe Seeks Economic Recovery

    Published on 19 January 2012 @ 2:54 pm

    By for Intellectual Property Watch

    With European hopes for economic recovery pinned in large part on a more vibrant digital single market, 2012 will likely see a flurry of intellectual property-related legislative activities. Much of it centres on copyright, but the year may also bring movement on a unified European patent and changes in trademark law.

    The Danish EU presidency, which took office on 1 January, considers the single market “the largest economic driving force in the EU,” and the digital single market will be one of its top priorities for its term, it said. Denmark and Cyprus, which assumes the presidency in July, will have to tackle a flurry of IP-related initiatives from the European Commission (EC).

    Copyright Issues Abound

    On 11 January, the EC announced plans for doubling the share of internet services in the EU Gross Domestic Product by 2015. It noted several obstacles to the growth of the digital single market and e-commerce, including an inadequate supply of legal, cross-border online services and uncertainty over the liability of internet intermediaries such as internet service providers (ISPs) and search engines for IP infringement.

    To remedy the problems, the EC said it will review the copyright in the information society directive this year, and report on the outcome of a public consultation on online distribution of audiovisual works as well as the implications of the European Court of Justice decision in the “Premier League” case on exclusive broadcasting licences (IPW, European Policy, 6 October 2011).

    The Premier League decision “has the potential to shake up the media industry” by prohibiting absolute territorial licensing exclusivity in Europe, said Hogan Lovells communications lawyer Winston Maxwell. He said he hopes the EC will issue guidance this year on how the decision affects current licensing practices such as when geo-blocking is allowed or barred, he said. Until the EC provides more information, rights owners are “in the dark” as to whether their exclusive broadcasting licences are enforceable against consumers who want to shop around for the cheapest content available in Europe, he said.

    To combat IP piracy and other illicit online activities, the EC proposed a pan-EU legal framework for notice-and-takedown procedures, and said it will revise the directive on enforcement of IP rights in 2012 to tackle illegal content more effectively.

    The idea of new notice-and-takedown measures spooked digital rights and consumer activists. The procedure “must be very carefully framed” because efforts to criminalise consumers have proven “a waste of time,” said European Consumer Organisation Director General Monique Goyens. Notice-and-takedown is “already a big problem in Europe” from a due process, legal certainty and predictability standpoint, and suggesting that it’s appropriate to treat child abuse material and a copyright-infringing photo of a tree the same way seems “bizarre and dangerous,” said European Digital Rights Advocacy Coordinator Joe McNamee. French citizens’ advocacy group La Quadrature du Net urged users to pay close attention to discussions on internet content policing lest vested-interest lobbies “wage an all-out offensive against freedom of communication online.”

    The 11 January e-commerce communication followed the EC’s earlier (22 December) annual progress report [pdf] on the European digital agenda. In it, the EC said that within the next 12-24 months, it will focus on: (1) A proposal for a directive on collective rights management to tackle cross-border music licensing. (2) A report on the results of a consultation on a 13 July 2011 “green paper” on audiovisual content. (3) A proposal for speeding copyright clearance of works whose authors are unknown or cannot be found (orphan works). (4) Revision of the IP rights enforcement directive. (5) Jump-starting talks on copyright levies on digital copying media. (6) Rules of IP rights and licensing conditions in standards-setting. (7) Working to improve international trade conditions for digital goods and services, including with regard to IPR protection and enforcement in non-EU countries.

    Work Continues on Earlier Measures

    Also possibly on tap this year in the copyright arena: The audiovisual media services directive requires the EC to report to the European Parliament and Council of Ministers on how the law is working. The report was due 19 December but has not yet appeared.

    With regard to the directive on copyright term of protection, which was amended in September, several issues remain to be resolved, said US entertainment lawyer Michael Sukin. These include updating collection societies’ databases that now show copyright expiration dates that will be incorrect as of 1 November 2013; and determining how royalties on phonograms will be allocated among various “side men” who have performed on a recording, and whether recordings from 1961, ‘62 and 63 are protected, he said.

    The European Court of Justice is “taking a more prominent role” in interpreting European copyright law, examining the concepts of public performance, private copying and the responsibility of internet service providers, said Patricia Akester, of the Cambridge University Centre for Intellectual Property and Information Law. One upcoming case, Football Dataco Limited et al. v Sportradar GmbH, involves claims of infringement of copyright and database rights. It is unclear whether it will be decided this year.

    One key UK issue is the creation of the “digital copyright exchange” proposed in the May 2011 Hargreaves review of intellectual property and growth (IPW, European Policy, 4 January 2012). The “real value” of this “big idea” will be “driving all the media and technology industries to work collaboratively to develop standards so that all the different rights machines – film, music, publishing, etc. – can speak to each other ‘machine to machine,’” UK copyright lawyer Laurence Kaye wrote in blog predictions for 2012.

    EU Patent Edges toward Completion

    The long-running debate over a single European patent will continue this year as the European Parliament prepares to vote on a package negotiated and agreed on 1 December by the Parliament, EC and council of ministers (IPW, European Policy, 22 December 2011). EU states, however, have so far failed to agree on where the new unified patent litigation court should be located.

    In a tangential initiative, the EC is mulling harmonised protection for trade secrets. A 13 January report [pdf] noted that while trade secrets are not generally viewed as IP rights, “there is, at the very least, a close relationship between them.” The report recommends greater protections, and the EC has now asked for further analysis of the economic relevance of trade secrets as well as their role in complementing patents and in innovation.

    A second 13 January report [pdf] considered trade secrets and parasitic copying (“look-alikes”).

    During Denmark’s term in the presidency, work will also begin on improving and strengthening Europe’s trademark system, it said.

    Dugie Standeford may be reached at info@ip-watch.ch.

     


    Leave a Reply

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website. By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website.

    By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    1. You agree that you are fully responsible for the content that you post. You will not knowingly post content that violates the copyright, trademark, patent or other intellectual property right of any third party or which you know is under a confidentiality obligation preventing its publication and that you will request removal of the same should you discover that you have violated this provision. Likewise, you may not post content that is libelous, defamatory, obscene, abusive, that violates a third party's right to privacy, that otherwise violates any applicable local, state, national or international law, that amounts to spamming or that is otherwise inappropriate. You may not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. Epithets and other language intended to intimidate or to incite violence are also prohibited. Furthermore, you may not impersonate others.

    2. You understand and agree that Intellectual Property Watch is not responsible for any content posted by you or third parties. You further understand that IP Watch does not monitor the content posted. Nevertheless, IP Watch may monitor the any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent nor notice. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site. IP Watch is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability or otherwise accept liability for it.

    3. By submitting any contribution to IP Watch, you warrant that your contribution is your own original work and that you have the right to make it available to IP Watch for all purposes and you agree to indemnify IP Watch, its directors, employees and agents against all damages, legal fees and others expenses that may be incurred by IP Watch as a result of your breach of warranty or of these terms.

    4. You further agree not to publish any personal information about yourself or anyone else (for example telephone number or home address). If you add a comment to a blog, be aware that your email address will be apparent.

    5. IP Watch will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.

    6. You understand and agree that the discussion forums are to be used only for non-commercial purposes. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in our discussion forums.

    7. You acknowledge and agree that you use and/or rely on any information obtained through the discussion forums at your own risk.

    8. For any content that you post, you hereby grant to IP Watch the royalty-free, irrevocable, perpetual, exclusive and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed.

    9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.

     

     
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