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.
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.
Re-Mixing Protected By Freedom Of Arts Fundamental Right, German Court Rules 31/05/2016 by Intellectual Property Watch 3 Comments The German Constitutional Court today ruled in favour of the “freedom to sample” – or freedom to remix – in a case between the singer/songwriter Sabrina Setlur and the band Kraftwerk.
US High Court To Consider IP Protection For Clothing Design 24/05/2016 by Steven Seidenberg for Intellectual Property Watch Leave a Comment Fashion in the US generates over $330 billion in annual revenues, but it is more than a business. Fashion is a well-recognized art, displayed in numerous museum exhibitions throughout the world. This art, however, receives little IP protection in the US. But a case before the US Supreme Court could change that.
ICTSD: Specialised Intellectual Property Courts – Issues And Challenges 20/05/2016 by Intellectual Property Watch 1 Comment The establishment of the WTO Agreement on TRIPS (Trade Related Aspects of Intellectual Property Rights) and the proliferation of plurilateral, bilateral and regional agreements have significantly contributed to the increasing complexities of the intellectual property system. The emergence of new actors, reflecting conflicting expectations and the adoption of new trade agreements that often exceed the standards set by the TRIPS agreement, have resulted in a new density of rules that have further fragmented the international system. These developments have unavoidably called for further analysis by academics and stakeholders.
Bid To Overturn UK Plain Packaging Rules Dismissed – BBC 20/05/2016 by Intellectual Property Watch 1 Comment From the BBC: Uniform packaging rules for tobacco will be introduced in the United Kingdom on Friday after a legal challenge against the new law was dismissed by the High Court.
News Reports And Fair Dealing: Moneyweb v Media24 19/05/2016 by Intellectual Property Watch 1 Comment The recent decision involving Moneyweb and Media24 (Moneyweb (Pty) Limited v Media 24 Limited & Another [2016] ZAGPJHC 81) is an important one for copyright lawyers in South Africa because it is the first time that two provisions relating to news reporting of the Copyright Act 1978 (the Act) have been judicially considered, namely, sections 12(1)(c)(i) and 12(8)(a). In fact, it is the first time that the application of the fair-dealing provision, section 12(1), has received any judicial consideration, whether in the context of news reporting or otherwise.
Business Report On Adjudicating IP Disputes In Specialised Jurisdictions Worldwide 16/05/2016 by Intellectual Property Watch Leave a Comment The International Chamber of Commerce (ICC) has released a report that examines specialised intellectual property courts around the world.
US President Signs New Trade Secrets Law 12/05/2016 by William New, Intellectual Property Watch Leave a Comment US President Barack Obama yesterday signed into law a measure aimed at strengthening trade secret protection including by allowing federal courts to hear cases involving trade secret theft.
Document Explains Decision Granting Sovaldi Patent To Gilead 10/05/2016 by Patralekha Chatterjee for Intellectual Property Watch Leave a Comment A copy of the new Indian patent office order shows the details of the decision to reverse an earlier direction and grant a patent in India on the high-value hepatitis C drug. [Updated with response from Gilead]