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Intellectual Property Watch

Original news and analysis on international IP policy

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In this monthly column, veteran US legal journalist Steven Seidenberg takes an in-depth look at the top legal IP issues in the United States.

A Bigger, Meaner Patent War

25/06/2012 by Steven Seidenberg for Intellectual Property Watch 1 Comment

It’s been called a patent war, and it’s raging over much of the globe. In at least ten countries – including the United States, Germany, the Netherlands, Australia and South Korea – Apple is locked in ferocious legal battles against Google, Samsung and HTC over whose smartphones and tablets infringe whose patents.

There’s a lot a stake: Damages could run into billions of dollars. Even worse, the loser could wind up being forbidden to sell its products in various markets.

This costly, high-stakes global patent war may seem unprecedented. But according to many experts, that’s only partly true. In many ways, this patent war is similar to major patent disputes in the past. And it is likely a foretaste of more patent wars in the future.

Filed Under: IP Policies, Language, Subscribers, Themes, Venues, Enforcement, English, Finance, IP Law, Innovation/ R&D, North America, Patents/Designs/Trade Secrets, Perspectives on the US

Viacom v. YouTube: Chipping Away At The DMCA

03/05/2012 by Steven Seidenberg for Intellectual Property Watch Leave a Comment

It was a major legal battle between copyright owners and online businesses. Then, on 5 April, online businesses won. Mostly. The US appellate court ruling in Viacom International, Inc. v. YouTube, Inc. basically upheld the legal protection that a key US statute grants to online firms. However, the ruling also opened several holes in that protection.

Filed Under: Features, IP Policies, Language, Subscribers, Themes, Venues, Access to Knowledge/ Education, Copyright Policy, English, IP Law, Information and Communications Technology/ Broadcasting, North America, Perspectives on the US

US Supreme Court Edges Toward Reviewing Extent Of GMO Patents

13/04/2012 by Steven Seidenberg for Intellectual Property Watch Leave a Comment

It’s unclear if the US Supreme Court wants to address yet another controversial issue in patent law, but on 2 April, the court took a small step in that direction. That’s when the court formally asked the US Justice Department to opine on whether the high court should grant certiorari in Bowman v. Monsanto Co.

Filed Under: IP Policies, Language, Subscribers, Themes, Venues, Biodiversity/Genetic Resources/Biotech, English, IP Law, Innovation/ R&D, North America, Patents/Designs/Trade Secrets, Perspectives on the US

After Mayo, Is Patent Law More Restrictive In US Than Europe?

05/04/2012 by Steven Seidenberg for Intellectual Property Watch 1 Comment

The United States is known for taking an unusually expansive approach towards patentable subject matter. Compared with Western Europe, for instance, the US has been far readier to grant patents on business methods, medical diagnostic processes, and human genes.

Filed Under: IP Policies, Language, Subscribers, Themes, Venues, Biodiversity/Genetic Resources/Biotech, English, Environment, Health & IP, Human Rights, IP Law, Innovation/ R&D, North America, Patents/Designs/Trade Secrets, Perspectives on the US

More Foreigners Find Themselves Targets Of US Copyright Law

15/03/2012 by Steven Seidenberg for Intellectual Property Watch 5 Comments

All the experts agree: US copyright law doesn’t apply outside US borders. But try telling that to Kim Dotcom, Aubrey Canning, or the growing number of other foreigners whose activities outside the United States have resulted in sanctions under US copyright law.

Filed Under: IP Policies, Subscribers, Themes, Venues, Access to Knowledge/ Education, Copyright Policy, Enforcement, English, Human Rights, IP Law, Information and Communications Technology/ Broadcasting, North America, Patents/Designs/Trade Secrets, Perspectives on the US, Trademarks/Geographical Indications/Domains

US Aims To Boost Its Efforts Against Overseas Infringers

13/03/2012 by Steven Seidenberg for Intellectual Property Watch 1 Comment

US President Barack Obama wants the country’s Justice Department to get by with a bit less money next fiscal year – but not when it comes to prosecuting overseas infringers of American IP rights.

Filed Under: IP Policies, Language, Subscribers, Themes, Venues, Copyright Policy, Enforcement, English, Finance, Information and Communications Technology/ Broadcasting, North America, Patents/Designs/Trade Secrets, Perspectives on the US, Technical Cooperation/ Technology Transfer, Trademarks/Geographical Indications/Domains

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