Internet Service Providers Fear Trend Toward Liability For Content 26/11/2007 by Monika Ermert for Intellectual Property Watch Leave a Comment By Monika Ermert for Intellectual Property Watch The rising trend of holding Internet service provider (ISPs), host and platform operators liable for third party violations of laws relating to copyright, competition and the protection of minors is of increasing concern to industry associations like the Association of the German Internet Economy, known as Eco. At Eco’s annual meeting in Cologne last week, Malte Gosau, legal counsel for Easynet (a network and hosting operator owned by BSkyB), said: “Recent court decisions push providers to go abroad to start new business models, as they risk being taken to court over third party violations of the law if they provide a commercial platform, a forum, online games or bets.”
EU Council Agrees Blueprint For Patent Litigation System 23/11/2007 by David Cronin for Intellectual Property Watch Leave a Comment By David Cronin for Intellectual Property Watch European Union governments on Thursday agreed the main components of a patent litigation system that will apply throughout the 27-country bloc. EU ministers for industrial competitiveness gave their broad approval on 22 November to a blueprint for having a single judicial body to assess legal actions which contest the validity of a patent.
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.
November Edition of IP-Watch Monthly Reporter Now Available 16/11/2007 by William New, Intellectual Property Watch Leave a Comment The Intellectual Property Watch Monthly Reporter features the most important news on international IP policymaking, the latest on who is coming and going in the IP community at the United Nations, World Trade Organization, Geneva missions, regional and national IP offices, industry and non-governmental organisations, plus News Briefs on reports and events that do not […]
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).
Qualcomm-Nokia Patent Lawsuits Advance 29/10/2007 by Tatum Anderson for Intellectual Property Watch Leave a Comment By Tatum Anderson for Intellectual Property Watch A German court has thrown out a case involving patents brought by Finnish phone manufacturer Nokia against US chipmaker Qualcomm. The case is one of several internationally between the two companies that could have an impact on telecommunications and information access.
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.
Aid Package For Theseus Web 3.0 Project May Need Boost 22/10/2007 by Bruce Gain for Intellectual Property Watch Leave a Comment By Bruce Gain for Intellectual Property Watch The European Commission’s recent approval of a €120-million state aid package granted to a German research project called Theseus for the development of “Web 3.0” drew a lot of media attention. However, the grant’s sum is but a fraction of the R&D budgets of the world’s leading consumer Internet technology firms. According to the project’s spokesman, Thomas Huber, the project’s aim is nothing less than “fundamentally transforming the existing Internet.” A reinvention of the Internet and the intellectual property rights associated with such a feat would require billion-dollar annual research and development budgets, according to Rob Enderle, president and founder of the California-based Enderle Group analyst firm.
London Agreement Seen Easing EU Patent Filing 16/10/2007 by David Cronin for Intellectual Property Watch Leave a Comment By David Cronin for Intellectual Property Watch Obtaining a Europe-wide patent should become easier next year when an accord reducing the translation requirements for protecting an innovation comes into effect. Under the London Agreement, countries that recognise English, French or German as one of their official languages will no longer stipulate that a full description of a patent be translated into their most commonly-used language. English, French and German are also the three official languages of the European Patent Office in Munich. The change was aimed at reducing the administrative and financial burden on patent filers but has raised concerns.
EU Copyright Levies Extend To New Media As Harmonisation Lags 11/10/2007 by Alicia Martin-Santos for Intellectual Property Watch 1 Comment By Alicia Martin-Santos and Dugie Standeford for Intellectual Property Watch European Union countries are imposing copyright levies on a whole new range of digital media, including digital music players, USB flash sticks, hard drives and, potentially, mobile phones and wireless connections, as efforts to harmonise Europe’s heterogeneous copyright landscape continue to languish. Copyright levies are imposed on blank material (such as blank CDs, DVDs or paper) or digital recording media (used to store digital content) in order to compensate authors for end-users’ private copying. They first appeared in the 1960s and were charged on paper, photocopying equipment and tapes. New recording media, such as mp3 players (like iPods) or even mobile phones are being examined for potential levying.