German Intelligence Services Oversight Body Files Action Against Government 02/12/2015 by Intellectual Property Watch Leave a Comment For the first time in its history, the G10 Commission, an oversight body over the German Intelligence Services, will go to court to challenge decisions by the German government and the services, German Public Broadcasting and the Süddeutsche Zeitung revealed last night.
European Court Of Human Rights Finds Turkey Violated Freedom Of Expression In YouTube Blocking 01/12/2015 by Intellectual Property Watch Leave a Comment Ten sites allegedly disrespectful to Kemal Attaturk, founder of modern Turkey, were enough for the courts in Turkey to ban a whole platform – YouTube – from 2008 until the end of 2010. But a ruling of the European Court of Human Rights today declared the blanket blocking a violation of the right to receive and impart information freely, protected under Article 10 of the European Convention on Human Rights.
Flexibility In The TPP Statutory Damages Provision 01/12/2015 by Intellectual Property Watch 2 Comments Jonathan Band writes: During the negotiation of the Trans-Pacific Partnership Agreement, many concerns were voiced about how TPP would mandate adoption of US-style statutory damages. Under the US Copyright Act, a court can award damages of up to $30,000 per work infringed, which can be ratcheted up to $150,000 per work infringed in cases of willful infringement. Scholars have found that statutory damages in the US have discouraged investment in innovative technologies while incentivizing the emergence of copyright trolls. So how bad is the statutory damages provision in the final TPP agreement?
TPP Strengthens Controversial IP Arbitration 30/11/2015 by Steven Seidenberg for Intellectual Property Watch 3 Comments The US government has been less than candid about the Trans-Pacific Partnership. While the agreement was being negotiated, the US Trade Representative stated that a much-criticized arbitration process included in the TPP would not apply to intellectual property. Turns out, it does apply to IP. And it provides foreign corporations with a huge advantage in IP disputes – private arbitrations that can override courts and statutes, effectively rewriting a nation’s IP laws.
ECJ: Topographic Maps, Geographical Information And The Interpretation Of “Independent Material” 20/11/2015 by Marie Barani for Intellectual Property Watch Leave a Comment The Court of Justice of the European Union gave a preliminary ruling on 29 October related to the definition of a “database,” more especially of the “independent material” constituting a database.
Fake EFF Website Was Malicious, WIPO Panel Rules 17/11/2015 by Intellectual Property Watch Leave a Comment A cybersquatter based in Indonesia who created a website falsely using the Electronic Frontier Foundation name but offering malware did so in bad faith and with malicious intent, a World Intellectual Property Organization panellist has found.
Publishers Not Entitled To Compensation Under Reprography Exception, EU High Court Rules 17/11/2015 by Dugie Standeford for Intellectual Property Watch Leave a Comment European reproduction schemes for compensating authors don’t cover publishers, the European Court of Justice said in a 12 November judgment in Hewlett-Packard Belgium SPRL v. Reprobel SCRL and Epson Europe BV.
Northern Tanzania Maasai Land Loss Threatens Indigenous Knowledge 04/11/2015 by Fredrick Nzwili for Intellectual Property Watch 8 Comments NAIROBI, Kenya – After a five year gruelling court battle, the indigenous Maasai community in Northern Tanzania has lost the right to its traditional land after the High Court handed it to a US-based tourism company in a court ruling on 27 October.
Court Orders USTR To Justify Industry Advisor Confidentiality In TPP 29/10/2015 by William New, Intellectual Property Watch Leave a Comment The Office of the United States Trade Representative (USTR) next week is expected to provide justification for withholding from a Freedom of Information Act request the communications with its industry advisors as confidential commercial or financial information. The case involves communications in the lead-up to completion of the Trans-Pacific Partnership (TPP) agreement, and could set a precedent for exemptions of communications with lobbyists.
Special Report: US Reverses Course On Patent Injunctions 20/10/2015 by Steven Seidenberg for Intellectual Property Watch Leave a Comment The Federal Circuit is no stranger to controversy. And recently, the court stepped in it again. In an important ruling, the court made it far easier for some patent owners to obtain injunctions against infringers. The ruling could promote patent litigation in many industries, boost litigation costs, and effectively undermine a key Supreme Court decision limiting the availability of patent injunctions.