Infojustice.org: Google Books And Feist-y Fair Use 20/10/2015 by Intellectual Property Watch 2 Comments From infojustice.org: Judge Pierre Leval’s opinion [on 16 October] in the Google Books case offers another fascinating glimpse into the richness of his thinking about the concept of fair use. Although the outcome in Google Books (Google wins, duh) was obvious to anyone whose paycheck didn’t depend on their believing otherwise, the discussion that gets us there sheds light on a host of hot fair use topics in ways that courts and copyright wonks will be citing and unpacking for years to come.
Trademark: Low Visual Similarity, No Phonetic Similarity, But Still Confusingly Similar? 12/10/2015 by Intellectual Property Watch Leave a Comment In 2007, a Polish company filed an application for a composite European Community trademark comprising the representation in colour of a crocodilian with its torso made up from the letters of the word “kajman” in printed characters for, among others, classes 18 (leather goods) and 25 (clothing, footwear).
New Book Launched At WTO: The Making Of The TRIPS Agreement 07/10/2015 by Catherine Saez and William New, Intellectual Property Watch 2 Comments The 1994 World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) has been a landmark pact in the IP world and beyond. Now on the 20th anniversary of its entry into force, former TRIPS negotiators and other experts have come out with a book recounting the remarkable set of circumstances and compromises that took place to bring this agreement into being.
Interviews: Google Speaks On Need For Balanced IP System; EPO On “Tomato II” Case, Board Of Appeal Revamp 02/10/2015 by Tove Iren S. Gerhardsen for Intellectual Property Watch Leave a Comment COPENHAGEN – Google is “really looking for a balanced IP system,” the company’s head of litigation told the Global Patent Congress, while the European Patent Office elaborated on the “Tomato II” case, which for civil society has become the very symbol of an imbalanced IP system. Intellectual Property Watch spoke with senior officials at both Google and the EPO at the conference.
IP-Watch/Yale FOIA Case Decided: USTR Can Keep TPP Texts Secret, But Maybe Not Communications With Industry Advisors 30/09/2015 by William New, Intellectual Property Watch 4 Comments As government negotiators dig into perhaps the final round of the Trans-Pacific Partnership trade negotiations this week in Atlanta, they may take comfort in knowing that nothing they are doing has to be shared with the public they represent until years after it is over. That’s because a federal district court in Manhattan decided this week, in a closely watched Freedom of Information Act case brought by Intellectual Property Watch, that draft texts of the trade deal can be kept secret. The court did, however, cast doubt on the government’s reasons for also keeping its communications with industry lobbyists from the public eye.
CEIPI Launches Training Program For Technical Judges Of Unified Patent Court 29/09/2015 by Intellectual Property Watch 1 Comment One of the major imminent changes in the international patent system is the establishment of the Unified Patent Court. The agreement to create this tribunal was signed by 25 European Union States in 2013, and it is foreseen that the Court will be operational by the end of 2016. Setting up of a single tribunal with competence to decide on both validity and infringement disputes is an old European aspiration, and must be seen in the context of the global trend of creating specialized intellectual property tribunals. In this case, the aim is to respond to the high costs, forum shopping and lack of legal certainty that are generally attributed to the current system of adjudicating disputes concerning European patents. Among the many new features of the Court, the presence of technical judges is particularly notable.
US Court Adds Confusion To #Trademarks 29/09/2015 by Steven Seidenberg for Intellectual Property Watch Leave a Comment Once, hashtags (like #cute_cat) merely identified topics on Twitter, Facebook, and other social media. No longer. A rapidly growing number of companies are using hashtags (like #HowDoYouKFC) as trademarks. There is one problem, however. A court in the US has recently ruled that hashtags can never receive trademark protection.
IFRRO Comments On European Copyright Society Opinion In Reprobel Case 29/09/2015 by Intellectual Property Watch Leave a Comment IFRRO, the International Federation of Reproduction Rights Organisations, has issued comments on the recent opinion offered by the European Copyright Society on European Court of Justice Case C-572/13, Hewlett-Packard Belgium v. Reprobel.
Russian Court Orders vKontakte To Stop Infringement, IFPI Says 29/09/2015 by Intellectual Property Watch 1 Comment The London-based International Federation for the Phonographic Industry (IFPI) today announced that a Russian court has ordered popular Russian social network vKontakte to use technology to effectively block infringement of two record companies.
WTO Public Forum: Trade Works – Taking Stock After 20 Years 28/09/2015 by Catherine Saez, Intellectual Property Watch Leave a Comment This week, the World Trade Organization is holding its yearly public forum with a focus on the contribution of the organisation to global trade since its inception 20 years ago. Some 90 sessions are planned, on issues such as intellectual property, global value chains, agriculture, trade for development, and the WTO dispute settlement system.