Occupy IP: New Economy Businesses Clash With Old 20/01/2012 by Intellectual Property Watch 2 Comments It may be too much, too late for content providers finally trying to tame the internet, and a fresh approach is needed, writes Bruce Berman.
Out Of A Dilemma: Banning The Non-Violation Clause Under TRIPS 13/12/2011 by Intellectual Property Watch 1 Comment The non-violation nullification of benefits is a clause that could be used if a WTO member deems that another member’s actions caused an unexpected loss of benefits, even if there is no violation of a WTO agreement. Developing countries are wary of this provision and the moratorium on its use under TRIPS is up for debate and probable renewal at the WTO Ministerial Conference in Geneva this week, writes Daniele Dionisio.
Brazil’s Leaked Copyright Reform Draft Bill Shows Latest Thinking 12/12/2011 by Intellectual Property Watch 1 Comment Another chapter of the Brazilian copyright reform is out. The third version of the draft bill leaked a few days ago to a major newspaper in the country, and a handful of academics had access to it, writes Pedro Paranaguá.
A Clatch Of Copyright Cases At The Supreme Court of Canada 06/12/2011 by Intellectual Property Watch 1 Comment A “clatch” is another word for “brood”, which is a not inappropriate word in the present circumstances – considering that Canada’s highest court will hear five (yes, five!) cases on December 6 and 7, 2011 that all emanate from Canada’s Copyright Board, writes Howard Knopf.
Post-Grant Oppositions Under US Patent Reform 14/11/2011 by Intellectual Property Watch 1 Comment On September 16, 2012, the post-grant review process in the United States will change to closely resemble the opposition procedures in Europe even down to the same nine-month window after grant to oppose. With these new changes going into effect in less than a year, it is important for practitioners to use this time to become familiar with the new procedures and processes, writes Michael Siekman.
The Mad Hatter In Wonderland: South Africa’s New TK Bill 08/11/2011 by Intellectual Property Watch 9 Comments So, the Department of Trade and Industry (“DTI”) has finally gone ahead and done it. It has caused the South African Government to pass the Intellectual Property Laws Amendment Bill (the so-called “Traditional Knowledge Bill”) despite vociferous objections from all quarters. It has rushed headlong into terrain where no angel would venture through acute trepidation. It has entered Wonderland and assumed the role of the Mad Hatter, writes Professor Owen Dean.
Plurilateral Trade Agreements Lack Protections For Users, Intermediaries 27/10/2011 by Intellectual Property Watch 2 Comments The role of online intermediaries in copyright enforcement is on the international negotiating table in recent plurilateral trade agreements. Those negotiating with the US would be advised to examine carefully what is being offered, writes Margot Kaminski.
How To Respond To A Cease & Desist Letter 21/10/2011 by Intellectual Property Watch 3 Comments US companies are generally known to be much more litigious than non-US companies. Thus, if you are a non-US company looking to enter the US market, it is prudent to understand the nuances of responding to a cease and desist letter. While cease and desist letters can be upsetting and sometimes confusing, there are a series of steps that companies can take to be better prepared in the event that they do receive one.
To Stem Infringement, Block Money – Not Information 18/10/2011 by Intellectual Property Watch 3 Comments The Protect IP Act, currently pending in the United States Senate, contains a range of steps designed to support the holders of American copyrights and trademarks by fighting a specific part of the online infringement problem: “rogue” websites whose primary or intended use is the infringement of US copyrights or trademarks. The bill would take promising new steps to diminish the financial rewards of IPR infringement – but it is saddled with ill-advised information blocking provisions that should, and probably will, be prevented from passing the Senate in its current form, writes David Robinson.
Trade And Access To Medicines: Things The WTO Should Consider 14/10/2011 by Intellectual Property Watch 4 Comments Some pending thorny issues linked with trade and access to medicines in developing countries did not come up at the September Public Forum of the World Trade Organization. As unsolved matters closely joining together trade and equitable access to medicines, they might serve as things the WTO should consider to help keep itself relevant and interesting, writes Daniele Dionisio.