Special Report: Union Lawsuit Claims EPO Has Prevented It From Functioning; Office Claims Immunity 11/07/2016 by Dugie Standeford for Intellectual Property Watch 2 Comments Deteriorating relations between European Patent Office (EPO) management and staff union SUEPO have sparked another lawsuit in the district court in The Hague, Netherlands. The matter, which will be heard in a 15 July summary proceeding, alleges a pattern of threats, dismissals, suspensions from service and gagging of union members, said Prakken d’Oliveira attorney Liesbeth Zegveld, who represents SUEPO and its Dutch branch. Around one-third of union officials have been suspended, investigated or gagged, effectively preventing the union from functioning, she said in an interview. The lawsuits are just part of the ongoing turmoil affecting the EPO. Reform of the Boards of Appeal (BoA) has also proved controversial, and there are concerns about the reluctance of the Administrative Council to get a grip on the staff-management battle. The EPO said that, as an international organisation, it has immunity from such suits, as recently held by a German court. It defended its changes to the BoA, and announced an autumn conference for stakeholders to discuss an independent study on office social issues.
CETA: Ripe For Provisional Implementation In January 2018? 10/07/2016 by Monika Ermert for Intellectual Property Watch 1 Comment The European Commission on 8 July published the finalized Comprehensive Economic Canada-EU Trade Agreement (CETA) and formally proposed to Council to sign the agreement, pushing for provisional implementation amidst ongoing discussions over competency issues with EU member states. After finalising CETA in August 2014, the controversial investor-state dispute settlement (ISDS) system was renegotiated last year.
UK High Court Upholds Blocking Of Infringing Websites In Trademark Cases 06/07/2016 by Dugie Standeford for Intellectual Property Watch 1 Comment Internet service providers can be ordered to block websites that offer counterfeit goods for sale despite the lack of an express law to that effect in trademark cases, the UK Court of Appeal for England and Wales said in a 6 July decision.
UK Proposes To Tighten IP Protections Online 06/07/2016 by Dugie Standeford for Intellectual Property Watch Leave a Comment The United Kingdom Digital Economy Bill, floated this week, aims to “enable access to fast digital communication services for citizens and businesses, to enable investment in digital communications infrastructure, to shape the emerging digital world to the benefit of children, consumers and businesses, and to support the digital transformation of government, enabling the delivery of better public services, world leading research and better statistics,” the UK government said in the document.
US Industry Airs Hopes, Frustrations On IP Rights In India 05/07/2016 by Patralekha Chatterjee for Intellectual Property Watch Leave a Comment What do global innovators make of India’s new National Intellectual Property Rights Policy? A recent discussion on “India’s National IPR Strategy: A View from Global Innovators” in Washington DC attempted to assess the opportunities and challenges ahead from the perspective of American companies.
US Sees Weak African IP Protection, But Not Enough To Lose Unilateral Trade Benefits 30/06/2016 by William New, Intellectual Property Watch Leave a Comment The Office of the United States Trade Representative (USTR) today (29 June) released its annual report on the eligibility of African nations for unilateral trade benefits offered by the US. While some countries were praised for progress on intellectual property protection, others were found to be weak in this area, but none were removed from eligibility for that reason. Overall, reporting on IP rights varied widely in the report.
Russian IP Industry At Center Of Massive Scandal 29/06/2016 by Eugene Gerden for Intellectual Property Watch 1 Comment The Russian IP industry is in the center of a massive scandal, caused by the yesterday’s arrest of Sergei Fedotov, director general of the Russian Authors’ Society (RAO), a public association, which is responsible for the collection and distribution of royalties among rights holders, on the suspicion of multi-million dollar theft and withdrawal of funds to abroad.
Clinton Lays Out Presidential Tech & Innovation Plans 29/06/2016 by William New, Intellectual Property Watch 2 Comments US presidential candidate Hillary Clinton has issued highlights of her plan to boost the nation’s competitiveness in and attention to technology, internet and innovation if elected. The platform hits many of the latest issues and buzzwords in those fields, continuing existing programs but also pushing further in some areas. Among the plans: appoint a chief innovation advisor, reduce frivolous patent litigation, support allowing the US Patent and Trademark Office to keep its fees, boost access to orphan copyrighted works and open licensing, support multi-stakeholder internet governance, and keep the internet open worldwide. Clinton also gave a nod to personal privacy online and took a jab at the SOPA bill that was defeated for over-reaching on behalf of IP rightsholders.
National Parliaments Not Needed For CETA Approval, European Commission President Juncker Says 29/06/2016 by Intellectual Property Watch 5 Comments European Commission President Jean-Claude Juncker said today that the European Union would not include national parliaments of EU member states in the final decision on the Canada-EU Trade Agreement (CETA). Juncker’s CETA statement was made during the post-Brexit meeting of EU heads of state in Brussels today (28 June), several German newspapers reported quoting the German News Agency (DPA).
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.