Opposing Views: The Impact Of Canada’s Access Copyright Decision 21/09/2012 by Nancy Situ for Intellectual Property Watch 3 Comments One of the five Canadian Supreme Court cases handed down in mid-July considered whether photocopying by kindergarten to grade 12 teachers constitutes fair dealing. Since then, opinions have varied on whether the decision represents a broadening of the fair dealing doctrine or simply fact-specific guidance.
Transparency – Still An Uphill Battle In The EU 21/09/2012 by Monika Ermert for Intellectual Property Watch Leave a Comment Better access for the European Parliament to classified documents will be realised by an inter-institutional agreement passed nearly unanimously by the members of the European Parliament last week at their recent Strasbourg session.
WIPO: Protection Of Country Names Inspires Delegates; Designs Conference Elusive 20/09/2012 by Catherine Saez, Intellectual Property Watch 1 Comment The use of a country name by third party with no association with the country can have a severe impact on a developing country’s economy, according to the governments of Jamaica and Barbados. The two Caribbean nations are asking this week that the World Intellectual Property Organization undertake a study on the protection of country names in the context of the WIPO Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications (SCT).
A Brief Look At Botswana’s New IP Law 20/09/2012 by Intellectual Property Watch Leave a Comment Botswana’s new industrial property act, which came into force earlier this month, has been applauded by IP commentators as an important step in the development of a strong IP system that is in line with international trends. Copies of the new law and implementing regulations are below.
US And UN Consider New Limits On Patent Wars 20/09/2012 by Steven Seidenberg for Intellectual Property Watch Leave a Comment The patent wars have produced many casualties around the world. Companies that make and sell smartphones and tablet computers, courts, consumers and the economy – all have suffered, according to many experts. “I couldn’t come up with a worse system” for handling patent disputes, said Erich Spangenberg, chairman of IP Navigation Group, a consultancy. But significant reforms may be on the way, thanks to the US government and a United Nations agency.
Two Key Laws For The Public Domain Fare Differently In Argentine Congress 20/09/2012 by Maximiliano Marzetti for Intellectual Property Watch Leave a Comment The Argentine Intellectual Property Act No. 11.723, which dates back to 1933, contains only one exception to copyright holders’ absolute power: the “droit de citation”, with an absolute maximum length of 1000 words or 8 bars for musical compositions, it must take into account the extension of the original work and is limited to certain non-profit uses only (education, research and the like).
Patently Wrong – The Jury’s Verdict In Apple v. Samsung 19/09/2012 by Intellectual Property Watch 4 Comments All is fair in love and (patent) war, but apparently not when it comes to awarding damages in patent litigation, writes South Africa’s Cobus Jooste.
Hope To Advance Industrial Design Treaty At WIPO Meets Reluctance From Developing Countries 19/09/2012 by Catherine Saez, Intellectual Property Watch Leave a Comment World Intellectual Property Organization Director General Francis Gurry set the tone at the 18 September opening of a WIPO committee on industrial designs, calling on countries to keep the treaty-signing momentum built up last June with the adoption of the Beijing Treaty on Audiovisual Performances. However, developing countries have been reluctant to engage in an international treaty on industrial designs and this week delegates will have to agree on how to pursue discussions on the subject.
India: Balancing Public And Private Interests In The Intellectual Property Regime 18/09/2012 by Patralekha Chatterjee for Intellectual Property Watch 5 Comments NEW DELHI – In this month, there have been two court orders in India that underscore the complexities underlying the country’s intellectual property regime. Last Friday (14 September), the Chennai-based Intellectual Property Appellate Board (IPAB) which is responsible for hearing appeals on patent applications, rejected a petition by German pharma major Bayer AG, seeking a stay on an order of India’s Controller of Patents granting a compulsory licence (CL) to Indian generic drug maker Natco Pharma Limited, for a drug used to treat liver and kidney cancer.
ITU’s Line Of Defence On WCIT 18/09/2012 by Intellectual Property Watch Leave a Comment The International Telecommunication Union in a press briefing Monday evening tried to dispel what it is describing as “myths and misinformation” about the upcoming World Conference on International Communication (WCIT, December 3-14 in Dubai). “Although there are many important issues before the conference, unfortunately they are not receiving the media attention they deserve due to a paranoia created by claims that ITU wants to take over the internet,” Standardization Bureau Director Malcolm Johnson said.