Everything Is Obvious 25/03/2019 by Intellectual Property Watch 3 Comments Ryan Abbott writes: For more than sixty years, “obviousness” has set the bar for patentability. Under this standard, if a hypothetical “person having ordinary skill in the art” would find an invention obvious in light of existing relevant information, then the invention cannot be patented. This skilled person is defined as a non-innovative worker with a limited knowledge-base. The more creative and informed the skilled person, the more likely an invention will be considered obvious. The standard has evolved since its introduction, and it is now on the verge of an evolutionary leap: Inventive machines are increasingly being used in research, and once the use of such machines becomes standard, the person skilled in the art should be a person using an inventive machine, or just an inventive machine. Unlike the skilled person, the inventive machine is capable of innovation and considering the entire universe of prior art. As inventive machines continue to improve, this will increasingly raise the bar to patentability, eventually rendering innovative activities obvious. The end of obviousness means the end of patents, at least as they are now.
South Africa Moves Forward With Creator Rights Agenda 21/03/2019 by Intellectual Property Watch 5 Comments Prof. Sean Flynn writes: The South Africa National Council of Provinces has cleared the Copyright Amendment Bill for a final vote. The bill would adopt an innovative fair use right as well as new rights of creators to receive royalties, partially own commissioned works, protect works through technological protections (with exceptions for fair use), establish of a tribunal for lower cost enforcement and regulate collective management companies. It establishes what is being referred to as a creator rights model for copyright reform including rights to create, own and earn.
Max Planck Institute Director Reto Hilty: Europe Might Miss Chance For Real Copyright Law Modernization 16/03/2019 by Monika Ermert for Intellectual Property Watch 2 Comments With the final vote over Europe’s new copyright directive being expected during the Parliament’s March 26th session in Strasbourg, two decades of the copyright wars seem to culminate in another hot battle. Thousands of citizens have taken to the streets during recent weeks warning that the intended changes to liability fundamentally change how citizens can use social media platforms in the future. Article 13 will make providers liable for any copyright violation, pushing them to automatically filter content uploaded by their users. Article 11, the so-called snippet law or link tax, has been pushed for by large publishers in order to compel Google and the likes to share their revenues. Amidst the ongoing fight, Reto Hilty, Director of the Max Planck Institute for Innovation and Competition (MPI) in Munich, took a cool, analytic look into the two most debated provisions and concludes that the reform–even after a number of amendments – misses on what it originally set out to achieve: adapting copyright to digital times. [Note: this interview by IP-Watch writer Monika Ermert first appeared in German in heise online, hereheise online, here.]
Rise Of The Machines: Experts Look At AI, Robotics And The Law 27/02/2019 by William New, Intellectual Property Watch 2 Comments NEW YORK — Artificial intelligence, robots, and the law, are all changing a rapid pace. A panel of experts at a recent event at Fordham Law School discussed latest developments and signs of the limits of the law when applied to AI areas like facial recognition, automated weapons systems, and financial technology.
South Africa’s Copyright Amendment Bill Still Moving 14/02/2019 by Linda Daniels for Intellectual Property Watch Leave a Comment Copyright law stakeholders and pundits are keeping a close watch on the progress of South Africa’s Copyright Amendment Bill, as it makes its way to the National Council of Provinces in Parliament this week for further deliberation.
EU Copyright Rules: Provisional Deal Struck On Changes 13/02/2019 by William New, Intellectual Property Watch 2 Comments The European Council’s Romanian presidency announced today it has struck a provisional agreement with the EU Parliament on a draft directive that makes changes to existing European Union copyright rules. The draft agreement, which will go before the full Council of member states and Parliament for approval, would make changes such as a controversial new “publishers’ right,” and strengthens copyright protections on online content sharing platforms. It also would introduce copyright exceptions for a range of purposes such as text and data mining, online teaching, and cultural heritage.
IP Still At Heart Of Access To Medicines Discussions At WHO 07/02/2019 by Catherine Saez, Intellectual Property Watch Leave a Comment Intellectual property is often pointed at as hindering access to medicines by resulting in their long-lasting unaffordability, a view which is strongly opposed by IP proponents. The discussions on access to medicines last week during the World Health Organization Executive Board meeting yielded a record number of interventions by member states and nongovernmental organisations, reflecting the importance of the issue.
Open Access Advocates See End Of US Copyright Term Extension Act As Win For Commons 25/01/2019 by David Branigan, Intellectual Property Watch 1 Comment Open access advocates in the United States are celebrating the expiration, and non-renewal, of the Copyright Term Extension Act, which introduces into the public domain all works from 1923, and signals an end of the practice by US lawmakers to continually extend the terms of copyright protection. Leading figures from groups such as Creative Commons and Wikimedia Foundation gathered to discuss why this shift in policy took place, and what it means for the public domain. They asserted that this change is the result of a general acceptance of the value of “the commons,” brought on in part by the era of the internet.
Nearly 100 European Authors Demand ‘Proportionate’ Remuneration In EU Copyright Directive 17/01/2019 by Intellectual Property Watch Leave a Comment With negotiations for the European Union Copyright Directive apparently approaching an end, a group of some 95 screenwriters and directors joined the intensive lobbying efforts with a letter today urging that a principle of “proportionate” remuneration to them be enshrined. The letter spells out several elements they argue are key to ensuring European audiovisual authors are able to “make a living from our craft and creativity.”
EIFL Looks Forward To An Exciting 2019 At WIPO 20/12/2018 by Intellectual Property Watch Leave a Comment Teresa Hackett, EIFL Copyright and Libraries Programme Manager, attended the 37th meeting of the WIPO Standing Committee on Copyright and Related Rights (SCCR), the global body that sets international copyright law and policy, that took place in Geneva from 26 – 30 November 2018. During a full week advocating for libraries, EIFL participated in discussions on copyright limitations and exceptions, gave presentations at two civil society organized events, and engaged with government delegates from EIFL partner countries on library issues. At the last SCCR of 2018, the main focus for libraries was on activities in the WIPO action plan 2018-2019; civil society presented ideas for the upcoming regional seminars on limitations and exceptions, as well as views on how to fix the draft broadcast treaty.