US Courts Split On Legality Of Music Sampling 28/06/2016 by Steven Seidenberg for Intellectual Property Watch 1 Comment De minimis non curat lex – the law does not concern itself with trifles. This venerable legal principle is applied throughout the world, but not in one part of US copyright law. Copying any part of a sound recording, no matter how tiny, is actionable copyright infringement, according to an eleven year-old US appellate court ruling. Following that ruling, pop star Madonna found herself sued because her hit song, Vogue, allegedly copied a fraction of a second of another song. That copyright infringement suit was thrown out on 2 June, however, when a different appellate court ruled that de minimis infringements of sound recordings do not create any liability. Now US copyright law is in a muddle.
WIPO Patent Law Committee Undertakes Many Issues This Week 27/06/2016 by William New, Intellectual Property Watch Leave a Comment The World Intellectual Property Organization Committee on the Law of Patents (SCP) is meeting this week. Among the possible agenda items: updates to the international patent system, exceptions and limitations to patents, quality of patents, patents and health, confidentiality of client-patent advisor communications, and technology transfer. A recent developed country proposal relates to increased work-sharing among patent offices. Also on the table this week is a new proposal to study the assessment of inventive step by patent practitioners.
Russia Centralizes State Power In The Field Of IP Rights 27/06/2016 by Eugene Gerden for Intellectual Property Watch 1 Comment The Russian government has officially adopted a package of measures aimed at tightening state control for the observance of intellectual property rights in the country. This will take place through the introduction of a new system of IP management and implementation of other measures, according to recent statements of Oleg Fomichev, Russia’s deputy minister for economic development.
UK “Brexit” Leaves IP Community With Many Questions 24/06/2016 by Dugie Standeford for Intellectual Property Watch and William New 7 Comments Britons’ 23 June decision to pull out of the European Union has caused shock waves in the UK and Europe, and the vote is still being digested. Early reactions from members of the intellectual property community show that the impact of Brexit on IP policies and issues in Britain and Europe is far from clear.
Jaguar Land Rover Faces Uphill Legal Battle Against Jiangling Motor Over Copycat Car 22/06/2016 by Bruce Gain for Intellectual Property Watch Leave a Comment Jaguar Land Rover has sued carmaker Jiangling Motor in a Chinese court for allegedly copying its Evoque SUV, but observers say the solution to car clones lies outside the courtroom.
US High Court Inter Partes Review Leaves Patent Holders Dissatisfied 21/06/2016 by Dugie Standeford for Intellectual Property Watch 1 Comment A 20 June decision by the Supreme Court upholding US Patent and Trademark Office (USPTO) rules for inter partes review of patents isn’t helpful to patent owners, according to several attorneys. The ruling in Cuozzo Speed Technologies, LLC v. Lee (No. 15-446) disappointed expectations for another pro-patent holder decision following a 13 June ruling in another case, said Proskauer patent lawyer Baldassare Vinti. USPTO Director Michelle Lee, however, said the decision would allow the office to continue resolving patentability disputes via less expensive alternatives to litigation.
WTO Reports On IP Trends In G20 Countries 21/06/2016 by William New, Intellectual Property Watch Leave a Comment As part of a larger report on the G20 top global economies, the World Trade Organization has provided a discussion of policy developments in trade and intellectual property. This includes a look at international policy actions, recent agreements, and national legislation and trends.
USTR Froman: IP-Related Biologics Still Key Sticking Point For TPP Passage In US 20/06/2016 by William New, Intellectual Property Watch 1 Comment United States Trade Representative Michael Froman today said biologics remain one of the biggest unresolved issues in getting the Trans-Pacific Partnership passed in the US Congress. He called biologics an intellectual property rights issue and said the administration is working with Congress and industry to resolve concerns without reopening the trade deal completed last autumn.
WIPO GI System To Become More Expensive For Users; US Questions Administration 17/06/2016 by Catherine Saez, Intellectual Property Watch Leave a Comment Last year, amid protests from some World Intellectual Property Organization members, a new treaty was adopted to protect geographical indications, broadening an existing treaty. One of the objections of some was that the existing treaty was not financially sustainable, and was piggybacking on other WIPO income-generating treaties. Last week, members of the treaty went over possible solutions to bring money into the system. Italy and France, the biggest beneficiaries, committed actual funds.
More Changes In UN Agencies; Movements In Global Health 14/06/2016 by Catherine Saez, Intellectual Property Watch Leave a Comment Movement has been happening in international organisations in recent weeks, particularly in United Nations agencies, as new executive directors were nominated, and department directorships changed hands. The private sector and non-governmental organisations also saw a number of position switches and nominations, in particular in the health sector. Law offices kept pace with the usual chair revolving.