US Supreme Court Hears High Stakes Aereo Copyright Case 23/04/2014 by Steven Seidenberg for Intellectual Property Watch 2 Comments The United States Supreme Court heard oral arguments yesterday in a contentious copyright suit that could affect the continued viability of broadcast television, cable TV, and cloud-storage services like DropBox, Box and Apple’s iCloud. And it is far from clear how the court will rule in American Broadcasting Companies v. Aereo, Inc.
Copyright Ruling In US May Impair Free Speech 14/04/2014 by Steven Seidenberg for Intellectual Property Watch 1 Comment The 9th Circuit’s recent decision in Garcia v. Google has sparked outrage among many internet businesses, media organisations, civil rights groups, and copyright experts. They assert the ruling significantly alters US law in a manner that will greatly restrict free speech. But a minority of experts say there is nothing to fear.
EU Trademark Case Leads To Rules On Use Of Nice Classification 10/04/2014 by Angela Garcia Medina for Intellectual Property Watch 1 Comment The perhaps underestimated list of goods or services that applicants file with their trademark applications play an essential role in defining the protection the trademark will have. Registrars use this list to determine if an application should be refused and if it limits a trademark’s exclusive rights. The goods or services listed in an application can also motivate oppositions from competitors with prior rights or cause the future cancellation of the trademark. A recent trademark case in the European Union calls into attention the need for authorities to establish clear, predictable rules to identify goods and services in trademark systems. Further, the case highlights why it is important for applicants to carefully consider which goods or services they wish to protect and clearly identify them in an application.
“Innocence of Muslims” Creates Copyright Controversy In US 31/03/2014 by Steven Seidenberg for Intellectual Property Watch 1 Comment When “Innocence of Muslims” first appeared online, the video provoked outrage among millions of Muslims around the world. Now the consternation has spread to many copyright experts, internet firms, news organisations, and entertainment companies, who assert that a recent 9th Circuit decision about the movie makes a major change in US copyright law, with terrible consequences for the internet, media, and free speech. Others state that the ruling makes no change at all in US law.
Revised Text On TK Protection On Its Way To WIPO Assembly 30/03/2014 by Catherine Saez, Intellectual Property Watch Leave a Comment Just like the draft text on the protection of genetic resources last month, a set of draft articles on the protection of traditional knowledge have cleared a hurdle and will be forwarded to the World Intellectual Property Organization General Assembly next autumn.
New Draft Text At WIPO On Protection Of Traditional Knowledge 27/03/2014 by Catherine Saez, Intellectual Property Watch 1 Comment This morning, the World Intellectual Property Organization committee on traditional knowledge issued a revised set of draft articles of an international instrument aimed at protecting traditional knowledge against misappropriation.
US Corporate IP Counsel Hear Latest Updates On Patent System 24/03/2014 by William New, Intellectual Property Watch Leave a Comment NEW YORK – “This is a very, very exciting time be in patent law,” Drew Hirshfeld, deputy commissioner for patent examination policy at the US Patent and Trademark Office, told a group of intellectual property lawyers last week. In his keynote address to the 19-20 March Corporate IP Counsel meeting in Manhattan, Hirshfeld and a range of private sector speakers laid out a picture of a highly dynamic field, with legal and business opportunities and challenges changing every day.
GIs Make A Controversial Re-Entry Into WIPO Committee On Trademarks 21/03/2014 by Catherine Saez, Intellectual Property Watch 1 Comment Geographical indications appear in the name of the World Intellectual Property Organization committee on trademarks, but had been neglected there for years, merely appearing on the agenda. Now the issue has actively returned to the committee, seemingly challenging efforts in a parallel working group at WIPO.
New Document On Technical Assistance, But WIPO Design Treaty Still In Trouble 20/03/2014 by Catherine Saez, Intellectual Property Watch Leave a Comment World Intellectual Property Organization delegates are trying to find a way out of a dividing line on how to address technical assistance in a potential new treaty on industrial designs. A new non-paper by the chair of the WIPO Standing Committee on the Law of Trademarks, Industrial Designs and Geographical indications (SCT) was released this morning. At stake is the committee’s recommendation on the convening of a high level meeting to agree on the treaty.
EU Unified Patent Court Judicial Training Centre Launches 13/03/2014 by Dugie Standeford for Intellectual Property Watch Leave a Comment The European Union Unified Patent Court agreement has not yet been fully ratified but plans are on track to ensure that the judges who staff it are of the highest quality, speakers said at today’s opening ceremony for the judicial training centre in Budapest, Hungary. Future UPC users still have some concerns about the new system, but are giving it a generally good reception, the chairman of the UPC Preparatory Committee said.