FTC Recommends Legislative Fixes For Nuisance Patent Lawsuits But Some Question Study 17/10/2016 by Dugie Standeford for Intellectual Property Watch 1 Comment LONDON — Procedural and substantive legislative reforms are needed to keep nuisance patent infringement lawsuits at bay, the United States Federal Trade Commission said in an October report. The question is whether the size of the study on activities of “patent assertion entities” (PAEs) was large enough to prove there’s a problem, say some patent attorneys, including speakers at the 13-14 October London IP Summit.
EU Patent Court Launch Uncertain But Will Happen, Says Preparatory Committee Chief 13/10/2016 by Dugie Standeford for Intellectual Property Watch 1 Comment LONDON — Britain’s vote to leave the European Union is just another “speed bump” along the path to a European unified patent and patent court, the head of the committee tasked with preparing the way for the new system said during a lively session at the 13 October London IP Summit. Others aren’t so sure, since Brexit has raised many complex questions, not least of which is whether there is the political will in the UK or EU to move ahead.
EPO Staff Seek WIPO-Style Disciplinary Guidelines As Reports Show High Levels Of Discontent 11/10/2016 by Dugie Standeford for Intellectual Property Watch 2 Comments With management-staff relations at the European Patent Office still spiralling downward, staff members are pressing the office’s governing council to consider adopting proposed disciplinary and investigation guidelines currently under discussion in the World Intellectual Property Organization.
US Supreme Court To Decide If USPTO Refusal To Register Trademarks Breaches Free Speech 30/09/2016 by Dugie Standeford for Intellectual Property Watch 1 Comment The US Supreme Court agreed on 29 September to take up the question of whether the Lanham Act, which allows the US Patent and Trademark Office to refuse to register disparaging trademarks, conflicts with the First Amendment right to free speech.
Despite Ongoing Efforts, USPTO Still Faces Patent Quality Issues 16/09/2016 by Dugie Standeford for Intellectual Property Watch 2 Comments The US Patent and Trademark Office continues to face claims of low patent quality despite a major initiative to address the situation. The agency has been the subject of several critical reports by oversight agencies and recently defended its patent quality improvements before Congress. Patent practitioners say that while patent quality may not actually have worsened over the past few years, the USPTO’s ongoing lack of financial and other resources, and inconsistent judicial decisions, are among the factors causing problems.
European Commission Copyright Reform Proposal Sparks Many Jeers, Some Cheers 14/09/2016 by Dugie Standeford for Intellectual Property Watch 2 Comments European Commission plans to overhaul EU copyright rules, officially published today, have prompted strong support and opposition. Controversy centres in particular around two proposals: The requirement that online services monitor against user-generated uploads of copyright-protected content, and the proposed grant of a “neighbouring right” to press publishers.
How Will Brexit Process Resolve Japan’s Concerns About IP In The UK? 08/09/2016 by Dugie Standeford for Intellectual Property Watch 2 Comments Japan’s worries about how intellectual property registered in the EU by companies operating in the United Kingdom will fare after Brexit are potentially valid but depend on how the UK’s exit from the EU is handled, according to a UK IP attorney following the issue. One question will be whether, and how, EU trademarks and designs can be re-registered in the UK.
Blockchain Technology Raises Challenging IP Issues, Say Speakers 05/09/2016 by Dugie Standeford for Intellectual Property Watch 3 Comments Blockchains, such as the well-known bitcoin, are not yet well-defined but are creating a lot of hype, speakers at a 23 August Intellectual Property Owners’ Association webinar said. Two things are clear so far, they said: the technology is in its infancy, and there are lots of unresolved questions about what is patentable and how IP laws intersect with the mostly open source software used in the systems.
EFF Challenges DMCA Anti-Circumvention Provisions, Reopens “Dancing Baby” Case 16/08/2016 by Dugie Standeford for Intellectual Property Watch 1 Comment Issues arising from the often-controversial US Digital Millennium Copyright Act (DMCA) prompted the Electronic Frontier Foundation to head to court in recent weeks to address what it sees as violations of free speech and the right to freely use copyrighted content in some instances.
Brexit Could Have Broad Impact On UK Audiovisual Sector 29/07/2016 by Dugie Standeford for Intellectual Property Watch Leave a Comment It is too soon to say precisely what impact the United Kingdom’s departure from the European Union might have on Britain’s audiovisual sector, but among other things, Brexit could bring changes to the scope of copyright law and protections, rights clearance, online AV services and content creation, lawyers said.