French Industry Attacks Private Copy Fees As Levy Debate Grows 16/11/2007 by Dugie Standeford for Intellectual Property Watch Leave a Comment By Dugie Standeford for Intellectual Property Watch Makers and distributors of digital storage products and audiovisual media last week urged France’s highest administrative court to kill private copy levies on technologies for transferring data such as USB keys, external hard disks and memory cards. The challenges, filed 9 November in the Conseil d’Etat by e-merchant Rue du Commerce and the Syndicat des Industries de Mat�riels Audiovisuels Electroniques (SIMAVELEC), contend that the lack of harmonised levies among European Union countries violates EU law and hurts online sellers. The legal action came one day after the European Grouping of Societies of Authors and Composers (GESAC) argued that non-payment of levies should be made a criminal offence.
New USPTO Rules Blocked; EU Views New Patent Litigation Proposal 05/11/2007 by Dugie Standeford for Intellectual Property Watch Leave a Comment By Dugie Standeford for Intellectual Property Watch A US federal court in Virginia has temporarily blocked the US Patent and Trademark Office (USPTO) from implementing controversial new rules governing patent application continuations. The rules, set to come into effect on 1 November, sparked strong opposition from many patent attorneys who argued that capping the number of patent claims and continuing applications would harm inventors seeking to protect intellectual property rights in the fast-moving high-technology sector (IPW, Patent Policy, 10 September 2007). Separately, Portugal, which holds the EU presidency, floated a revised proposal for a European patent litigation system. The draft, although seen by critics as much improved over earlier versions, leaves several key issues unresolved, said Kevin Mooney, a UK attorney with Simmons & Simmons and president of the European Patent Lawyers Association (EPLAW).
New Models Emerge For European Copyright Licensing System 25/10/2007 by Dugie Standeford for Intellectual Property Watch Leave a Comment By Dugie Standeford for Intellectual Property Watch The European system for licensing copyrighted music is in “huge confusion” following the rejection by content users and smaller collecting societies of a proposed model contract for collective management of music on cable, satellite and the Internet, Thierry Desurmont, vice president of the board of France’s Societe des Auteurs, Compositeurs et Editeurs de Musique, said this week. Desurmont spoke along with others at a 22 October Chatham House/International Institute of Communications conference on trends in global communications in London.
EU Microsoft Judgment Sparks IP Law Debate 18/09/2007 by Dugie Standeford for Intellectual Property Watch Leave a Comment By Dugie Standeford for Intellectual Property Watch A European Commission ruling and record fine was upheld Monday against US software giant Microsoft for breaching European antitrust laws in a judgment that will have repercussions for intellectual property owners far beyond the case itself, experts said. The European Court of First Instance upheld the �497 million fine and the 2004 ruling by the Commission that Microsoft had, among other things, refused access to rivals to IP-protected information needed for developing interoperable products.
New USPTO Rules, Legal Decision Signal Changes For US Patent Practices 10/09/2007 by Dugie Standeford for Intellectual Property Watch Leave a Comment By Dugie Standeford for Intellectual Property Watch New rules by the US Patent and Trademark Office (USPTO) governing the continuation of patent applications will wreak havoc in the biotechnology and high-tech sectors, according to some experts. The regulations, announced in August as part of a USPTO effort to boost patent quality, and effective on 1 November, are already being challenged in court. In addition, US patent practice changes could arise from a 20 August judicial decision setting a new standard for determining when patent infringement is wilful or done knowingly.
US Patent Reform Bill Clears House of Representatives 09/09/2007 by Dugie Standeford for Intellectual Property Watch 2 Comments By Dugie Standeford for Intellectual Property Watch The United States House of Representatives Friday approved sweeping changes to the US patent system, setting the stage for Senate action which could send the measure to the president for signature. By a margin of 220-175, lawmakers passed “The Patent Reform Act of 2007,” HR 1908, with five […]
US Internet Radio Royalty Deals Announced; Webcasters Seek Lower Rates 04/09/2007 by Dugie Standeford for Intellectual Property Watch 1 Comment By Dugie Standeford for Intellectual Property Watch Despite recently trumpeted deals with SoundExchange, which collects fees for record labels and artists, large and small US webcasters say royalty rates for Internet music performances are still too high and should be lowered by the US Congress. The fee caps are the latest development in the dispute […]
US Congressional Panel Mulls Royalty Right For Songs On Radio 31/07/2007 by Dugie Standeford for Intellectual Property Watch 3 Comments By Dugie Standeford for Intellectual Property Watch Well-loved American performers, members of Congress and the US Register of Copyrights squared off Tuesday against the country’s powerful broadcast lobby in a bid to change US copyright law to reward artists for songs played on terrestrial radio stations. The House Judiciary Subcommittee on Courts, the Internet and […]
Film Company Wins thesimpsonsmovie.com From Cybersquatter. Doh! 26/07/2007 by Dugie Standeford for Intellectual Property Watch 1 Comment By Dugie Standeford for Intellectual Property Watch As the “Simpsons Movie” rolls out on silver screens across the United States and Europe, word comes that its maker, Twentieth Century Fox Film Corporation, has won the rights to the domain name “thesimpsonsmovie.com” from a stand-up comedian who failed to strike the international arbitrator’s sense of humour. […]
US Patent Reform Advances But Outcome, Global Impact Uncertain 25/07/2007 by Dugie Standeford for Intellectual Property Watch Leave a Comment By Dugie Standeford for Intellectual Property Watch Legislation for sweeping reform of the US patent system emerged from House and Senate committees last week. Among other changes, the bills would more closely align the US scheme with international patent practice, create an additional opportunity to challenge the validity of questionable patents, and limit damages in some infringement lawsuits. But the bills’ future is unpredictable, observers say.