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IP-Watch Summer Interns

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

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The Politicization Of The US Patent System

The Washington Post story, How patent reform’s fraught politics have left USPTO still without a boss (July 30), is a vivid account of how patent reform has divided the US economy, preempting a possible replacement for David Kappos who stepped down 18 months ago. The division is even bigger than portrayed. Universities have lined up en masse to oppose reform, while main street businesses that merely use technology argue for reform. Reminiscent of the partisan divide that has paralyzed US politics, this struggle crosses party lines and extends well beyond the usual inter-industry debates. Framed in terms of combating patent trolls through technical legal fixes, there lurks a broader economic concern – to what extent ordinary retailers, bank, restaurants, local banks, motels, realtors, and travel agents should bear the burden of defending against patents as a cost of doing business.


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    EU Anti-Terror Data Retention Directive Meeting Resistance In EU Courts

    Published on 1 June 2013 @ 7:14 pm

    Intellectual Property Watch

    The European Court of Justice in a decision dated 30 May ordered Sweden to pay a lump sum of €3 million euros for its delay in transposing the controversial 2006 EU data retention directive into national law in time.

    The data retention directive attempted to harmonise member state provisions for public communication services providers to store traffic and location data of every single user to allow for later crime investigation and prosecution.

    The directive pushed through following the US attacks of 11 September 2001 and part of a flurry of anti-terror measures in the EU and its member states met with considerable resistance in several member states. Opponents warned that data would be used beyond anti-terror investigations, and even in cases against copyright infringement.

    Sweden lost the first case in 2010 for violating its obligations to transpose the directive by September 2007. A new Swedish government finally implemented the data retention provisions on 1 May 2012. Several other member states did not yet implement the legislation, according to the Commission, or faced defeats in their national constitutional courts. The Commission just last week warned Belgium for not fully transposing the directive.

    The transposition into Czech law was annulled by its Constitutional Court in 2011. The German law was stopped by the German Constitutional Court in 2010, and the Commission’s case against Germany is pending.

    German liberal politician Jimmy Schulz in a reaction to the decision from Luxembourg this week wrote that he still is expecting the data retention directive itself to be declared in breach of EU constitutional law.

    Both the Austrian and the Irish high courts have referred cases to the European Court of Justice on the directive in 2012 arguing it might violate the EU Charter of Fundamental Rights of the European Union. The Commission meanwhile postponed the regular review of the controversial directive which according to recent reports is expected to be finalised in 2014.

     

     

    Comments

    1. A vida de todos nós | O Insurgente says:

      [...] ainda se vai dando ao respeito), ou como fez incorrer a Suécia há poucos dias no pagamento de uma multa de 3 milhões de euros pela sua não-transposição. Naturalmente, os deputados portugueses fizeram de forma relativamente [...]


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    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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