The Indian Copyright (Amendment) Act, 2012 And Its Functioning So Far

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It’s been a little over two years since the Copyright Act, 1957 was extensively amended in 2012 with far-reaching ramifications for all categories of stakeholders. The amendments purported to introduce a level playing field for different categories of right holders in the entertainment industry, recognise the access needs of users of the copyrighted works in general and visually impaired population of the country in particular, align the copyright regime of the country with rapid advances in technology and streamline copyright enforcement and administration. To gauge the influence of the amendments on copyright regime in India as well as to see if their implementation so far has been in sync with the legislative intent, this article seeks to evaluate the Copyright (Amendment) Act, 2012 as well as their working, writes Abhai Pandey.

This Week’s Vote Will Show Who Finnish MPs Listen To On Copyright, EFFi Says

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On 24 October, the Finnish Parliament is expected to vote on the Citizens’ Initiative for Common Sense for Copyright Act, which aims to make Finnish copyright law more user-oriented. But with a proposal to gut the Act, a counter-proposal to save it, and unprecedented lobbying expected, the next two days should be interesting, writes Electronic Frontier Finland.

Review of “Digital Depression: Information Technology And Economic Crisis”

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Information and communication technologies (ICTs), and in particular the internet, have revolutionized and disrupted all aspects of human activity, and even behaviour. This has resulted in many academic publications and much discussion, including in intergovernmental bodies, regarding various issues, including how best to govern the internet.

Dan Schiller’s book helps us to understand the background of these events, which have affected economic and political power relations, and how US policies have consistently favoured capital over labour, and have resulted in transfers of vast sums from developing countries to developed countries, writes Richard Hill.

USTR’s Investigations On IP Rights Against India: Is There A Tenable Case?

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On 14 October, the US Trade Representative (USTR) began the out-of-cycle review (OCR) of India’s intellectual property (IP) laws, the mandate which it gave itself in the 2014 Special 301 Report. Like several years in the past, the USTR once again included India in the Priority Watch List, but this time, India’s IP laws are being subjected to the additional scrutiny through an OCR. It is to be seen whether the OCR sets the stage for naming India as a Priority Foreign Country, viewed by the USTR as worst offender of intellectual property rights, in the next Special 301 report. USTR’s inclusion of India for the OCR was a reflection of the influence that the domestic lobbies have on the country’s engagement with its partner countries, and about USTR’s consistency with World Trade Organization rules, writes Biswajit Dhar.

The TPP’s New Plant-Related Intellectual Property Provisions

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The newly-released Trans-Pacific Partnership (TPP) intellectual property (IP) chapter would help seed conglomerates like Monsanto prevent farmers from saving and using seeds that contain patented plant materials, even when such use is for their own personal consumption. The TPP language would also prevent breeders from using plants seeds that contain patented plant materials to research and develop new varieties. Most plant variety protection (PVP) systems allow farmers to save and reuse seeds (for noncommercial purposes) and permit breeders to use protected plant varieties to research and develop new varieties. In contrast, patents on plant-related inventions, as outlined in the TPP, may have few exceptions. This new text constitutes a huge step in the wrong direction, changing the plant IP regimes of many of the negotiating countries to the detriment of their populations, writes Public Citizen.

Interview – New CISAC Director Speaks On Expectations, Vision For The Future

CISAC Director General Gadi Oron

The Paris-based International Confederation of Authors and Composers Societies (CISAC) represents 230 collective management organisations in 120 countries, collecting fees on behalf of “creators.” In the past year, CISAC has become active advocating the case of creators at the World Intellectual Property Organization Standing Committee on Copyright and Related Rights (SCCR).

CISAC organised a side event to the annual WIPO General Assembly in September (IPW, WIPO, 29 September 2014). Intellectual Property Watch’s Catherine Saez sat down with new CISAC Director General Gadi Oron after the side event, to ask him about his vision for the organisation.

Strengthening WIPO’s Governance For The Next 50 Years: A Time For Action

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In 2017, the World Intellectual Property Organization (WIPO) will mark its 50th anniversary. In the lead up to that milestone, the next three years provide a vital opportunity for Member States to update and strengthen WIPO’s governance, both to address current problems and to better equip the organisation for addressing challenges that may arise in the next 50 years, writes Carolyn Deere Birkbeck.

Gilead Monopoly Prevails Over Non-Discriminatory Access As Debated Hepatitis C Deal Sets Off

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Gilead on 15 September struck voluntary licence deals with seven India-based generic manufacturers to expand access to its hepatitis C innovative drugs in developing countries. With a limited territory covered, this, yet deserving, pact raises doubts about the coherence of Indian counterparts at a time when there are no relevant patents in India, several pre-grant oppositions have been filed and unrestrained competition by compulsory licences could have been pursued, writes Daniele Dionisio.

Interview With KIPO Commissioner Kim Young-min

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South Korea is now considered one of the most influential countries in the IP field. Intellectual Property Watch exchanged a set of questions for Kim Young-min, commissioner of the Korean Intellectual Property Office (KIPO) since 2013, speaking about KIPO’s policies for increasing international cooperation, reducing first action pendency, and preventing “bad faith” trademark applicants in Korea from making unfair profits.

The Perfect Package: A Checklist To Avoid Legal Challenges

By William Rava and Jason Howell, Perkins Coie Product packaging is an increasingly important marketing opportunity.  Well-executed product packaging can support and strengthen your brand identity, differentiate your product on the shelf, and convey important, and often required, information to consumers.  But there are also many potential pitfalls – from intellectual property issues to advertising […]