US Supreme Court To Examine Outsized Infringement Damages 28/09/2016 by Steven Seidenberg for Intellectual Property Watch 2 Comments Patent infringers are supposed to pay damages, but the award in this case struck many as ridiculous. Some Samsung smartphones contained one or two purely decorative design elements that had been patented by Apple. But instead of paying modest damages for what many see as a tiny infringement, Samsung was ordered to pay $399 million – all the profits the company had made from its infringing phones. The Federal Circuit said it had no choice but to approve those damages; it was constrained by statute. Critics, however, said that the Federal Circuit had misinterpreted the statute. They fret the court’s error will unleash a wave of design patent infringement suits that will harm innovation, stifle competition, and empower patent trolls. Which is why so many will be paying close attention on 11 October, when this dispute comes before the US Supreme Court.
WIPO Traditional Knowledge: Text Passes Committee Approval, Goes To Next Session 23/09/2016 by Catherine Saez, Intellectual Property Watch 2 Comments World Intellectual Property Organization delegates today agreed on a text compiling divergent views on how traditional knowledge should be protected in the intellectual property system to be forwarded to the next session of its committee on the protection of traditional knowledge. Some clear dividing lines remain, such as traditional knowledge which is widely known and could have been placed in the public domain, or if conditions of eligibility should be part of a potential treaty.
Shared Experiences Of Indigenous Peoples In The WIPO Negotiating Process 22/09/2016 by Alexandra Nightingale for Intellectual Property Watch Leave a Comment Members of indigenous communities this week shared their experiences in negotiating for their rights at the World Intellectual Property Organization and gave their advice on negotiations for potential treaties on genetic resources, traditional knowledge and folklore.
European Cooperation Against Counterfeits Online: Sporting Goods Industry Joins Team 22/09/2016 by Alexandra Nightingale for Intellectual Property Watch Leave a Comment The Federation of the European Sporting Goods Industry (FESI) and the European Commission recently signed a memorandum of understanding that sets out to “establish a code of practice in the fight against the sale of counterfeit goods over the internet and to enhance collaboration between the signatories.”
‘Ransomware’ Emerges As A Major Threat To IP Ownership 19/09/2016 by Bruce Gain for Intellectual Property Watch Leave a Comment Criminals are increasingly blocking access to digitised intellectual property and then charging their victims ransom to get it back, as “ransomware” attacks become increasingly common and sophisticated.
After Two-Year Hiatus, WIPO Resumes Discussions On Protecting Traditional Knowledge 19/09/2016 by Catherine Saez, Intellectual Property Watch Leave a Comment How can traditional knowledge be protected against misappropriation and who should benefit from this protection is at the heart of discussions at the World Intellectual Property Organization this week. After over a two-year hiatus, WIPO delegates are resuming discussions this week on a potential treaty protecting traditional knowledge. The week’s focus is to find common understanding of core issues, such as the definition of traditional knowledge, and the scope of protection.
Albania, Montenegro Amend IP Legislation With EU Bids In Mind 19/09/2016 by Jaroslaw Adamowski for Intellectual Property Watch Leave a Comment In a bid to push forward their ongoing membership negotiations with the European Union, two Balkan States have moved to further harmonise their intellectual property regulations in line with EU legislation. Albania’s new copyright law will enter into force this October, and Montenegro’s amended legislation on trademarks, industrial design and topographies of semiconductor products entered into force last July.
Changes In Music Listening: Survey Finds Streaming Improves; Stream Ripping The New Infringement 16/09/2016 by Alexandra Nightingale for Intellectual Property Watch Leave a Comment Industry research on music consumer behaviour has found changes in practices of accessing and listening to music. It has been found that, whilst paid audio streaming services grew, copyright infringement remains a significant problem. Next up? Stream ripping.
European Commission Copyright Reform Proposal Sparks Many Jeers, Some Cheers 14/09/2016 by Dugie Standeford for Intellectual Property Watch 2 Comments European Commission plans to overhaul EU copyright rules, officially published today, have prompted strong support and opposition. Controversy centres in particular around two proposals: The requirement that online services monitor against user-generated uploads of copyright-protected content, and the proposed grant of a “neighbouring right” to press publishers.
Group Of Nations Demand UN Investigative Report On WIPO Director 14/09/2016 by William New, Intellectual Property Watch 3 Comments About a dozen members of the World Intellectual Property Organization yesterday demanded to be provided with a report conducted by the United Nations Office of Investigation and Oversight Services (OIOS) on allegations against the WIPO director general.