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

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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.

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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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    Copyright Groups Question Fair Use In Australian Copyright Reform

    Published on 6 August 2013 @ 7:50 am

    By for Intellectual Property Watch

    Among hundreds of comments in the context of an ongoing Australian inquiry on copyright exceptions in the digital economy, organisations representing the interests of creative industries cast doubt on the inclusion of a fair use exception in Australian copyright law.

    In the inquiry process, the Australian Law Reform Commission (ALRC) first released an issue paper in August 2012, followed by a discussion paper open to submissions from the public until 31 July 2013.

    At present, the ALRC has already published 360 submissions from a wide range of organisations and individuals from around the world, including major copyright holders and corporations, publishers, authors, law firms and access to knowledge advocates.

    The discussion paper contains a number of reform proposals, including the repeal of the statutory licences for educational institutions and an amendment to the Australian Copyright Act providing for a broad fair use exception.

    In its submission, the International Federation of Reproduction Rights Organisations (IFRRO) questioned the proposed amendment of the Australian copyright law on the grounds that the “fair use” concept lies outside Australian legal tradition and its adoption would increase legal uncertainty. In addition, IFRRO claims that the proposal to repeal statutory licences in favour of voluntary ones does not meet the five framework principles of the inquiry, particularly with regard to respecting authorship and creating incentives for the creation of new works.

    Also the Kernochan Center for Law Media and the Arts of the Columbia University School of Law stressed that fair use flexibility “in many instances comes at the cost of certainty and predictability,” while individual actors “need to know whether their particular plans will run afoul of the law.” The Kernochan submission follows a paper posted by Infojustice in response to a previous report by the Center (IPW, Copyright, 30 July 2013).

    In a similar vein, the Australian Copyright Council (ACC) rejected the ALRC’s proposals for reform of the Copyright Act claiming that the commission “is propping a fair use doctrine that would be unique to Australia.” The ACC highlighted that “a broad fair use exception is likely to place an onus on rights holders to litigate.”

    The ALRC is due to report by 30 November 2013.

     

    Alessandro Marongiu may be reached at info@ip-watch.ch.

     

    Comments

    1. Matthew Rimmer says:

      This summary of the discussion of fair use in Australia lacks balance. It highlights a few submissions by opponents to fair use – but it ignores the various submissions by consumers, creative artists, libraries, universities, technology developers, government authorities for fair use and flexible use. This report also ignores the parallel recommendations of the House of Representatives Committee on IT Pricing – which supported the implementation of a defence of fair use under Australian copyright law. As a result, this account just seems rather distorted.

    2. William New says:

      Matthew – fair point. We ran a short piece from the “other side” first: http://bit.ly/164eQXJ. But I think it would have been best for us to have a single story capturing a range of views. William New, Editor


    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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