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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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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.

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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    European Union Sees Flurry Of Activity On Copyright Policy

    Published on 21 February 2014 @ 5:00 pm

    By for Intellectual Property Watch

    There have been several important developments related to copyright in the European Union in the past week. Below is a summary.

    Clickable Links to Copyrighted Material

    The Court of Justice of the European Union (CJEU) has ruled that website owners are allowed to provide links to copyrighted material that already freely available on other sites, without permission of the copyright holder.

    If, however, the works were previously only made available to a restricted audience, and the link provides access to a new public that the copyright holder did not intend to publish to, the situation would be different as this would effectively circumvent protective restrictions.

    They also held that member states are not free to strengthen copyright holder protection by broadening the scope of terms such as that in question in this ruling: “communication of the public.”

    The full judgment of the Case C-466/12 Nils Svensson and Others v Retriever Sverige AB is available here.

    Private Copying Levy Systems

    The European Parliament’s Legal Affairs Committee approved a report on private copying levy systems, addressing evolving consumer expectations and workings within the single market. The report of rapporteur Françoise Castex includes recommendations on the implementation of updated lists of leviable devices and improved cross-border declaration systems.

    Details of the report are available here.

    A statement from several authors’ and performers’ organisations welcomes the report for its clarification of the laws on private copying levies for device manufactures and importers, and its balance of consumers’ freedom to copy with creators’ right to fair compensation. The report was made in response to a European Commission-appointed mediator Antonio Vitorino’s report, which the organisations said made “unrealistic” and “excessively burdensome” suggestions.

    Collective Rights Management

    EU industry ministers from the European Council agreed to the Collective Rights Management Directive on 20 February.  The directive was passed by the EU Parliament on 4 February (IPW, European Policy, 4 February 2014).

    The draft text was first published by the European Commission as part of the 2010 “Communication on the Digital Agenda for Europe” and “Europe 2020 Strategy” policy which aims to facilitate licensing of rights and access to digital content, the United Kingdom Intellectual Property Office (IPO) states on its website.

    Lord Younger, the UK minister for IP, said “This deal should be seen as a positive step taken by the European Commission and I welcome this agreement. By simplifying cross-border licenses we are making sure that we continue to do all we can to support this thriving industry.”

    The directive makes it easier for online music providers to set up cross-border services, said the IPO. It sets “minimum standards of conduct” for the bodies that licence copyright and collect royalties, and providers will be able to collect licences from fewer collecting bodies from different states for their services.

     

    Julia Fraser may be reached at info@ip-watch.ch.

     

    Comments

    1. Top 10 IP and Patent News Update - Article One Partners says:

      […]  EU Sees Flurry of Activity on Copyright Policy – Intellectual Property Watch […]


    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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