Top European IP Experts Hail CEIPI’s 50 Years With Vision, Suggestions For IP System 12/01/2015 by Elena Bourtchouladze for Intellectual Property Watch, James Cote for Intellectual Property Watch and Catherine Saez Leave a Comment The celebration late last year of the 50th anniversary of the Centre de Études Internationales de la Propriété Intellectuelle (CEIPI) at the Université de Strasbourg, France, brought together leading figures in the European IP community. Speakers hailed the origin and successes of the IP system in Europe, and had suggestions for what do better going forward.
ISPs In US Face New Copyright Attack 22/12/2014 by Steven Seidenberg for Intellectual Property Watch 4 Comments It is a novel way to attack online copyright infringement. Two music companies have sued an internet service provider, alleging that because the ISP failed to terminate the accounts of repeat infringers, the ISP is guilty of secondary infringement. This lawsuit troubles many copyright experts and its success is far from certain, but the music companies may achieve their aims regardless.
Recent Cases Warn Of Dangers Of Trying For Second Bite At The IPR Apple 22/12/2014 by Intellectual Property Watch 1 Comment The American Invents Act of 2011 (AIA) created inter partes review (IPR), a new opposition-like proceeding conducted at the US Patent Trial and Appeal Board (PTAB) in the US Patent and Trademark Office to challenge the validity of patent claims based on prior art patents and printed publications. Since then, conventional wisdom has advised filing a petition for IPR quickly after being sued for patent infringement, because any deficiencies or mistakes the PTAB identifies could be corrected with a second petition later on. Several recent decisions from the PTAB reveal limits to that strategy.
EPO Supervisory Body To Face Fears Over Patent Quality, Judicial Independence 10/12/2014 by Dugie Standeford for Intellectual Property Watch 4 Comments As staff strikes continue and the European Patent Office’s Administrative Council prepares for what could be a contentious 11 December meeting, opinions are split over the effect of the turmoil on the office’s role in Europe’s unitary patent.
One Bite At The Apple: PTAB Closes IPR Joinder Loophole 08/12/2014 by Intellectual Property Watch 2 Comments As a result of the America Invents Act enacted three years ago, the United States Patent Trial and Appeal Board (PTAB) now handles inter partes reviews (IPR)—a new trial proceeding used to challenge the validity of patent claims based on patents and printed publications. Recently, the PTAB has caused a split concerning the proper scope of the IPR joinder provision, which grants the PTAB discretion to join a “party” to a previously-instituted IPR. In the past, the PTAB interpreted the term “party” expansively to include petitioners for whom it had already instituted an IPR. Petitioners were quick to jump on this loophole, and have since sought to raise new arguments in an instituted IPR by filing a subsequent petition and seeking joinder with the in-progress proceeding.
Remembering Ville Oksanen 04/12/2014 by William New, Intellectual Property Watch Leave a Comment From EDRi: Ville Oksanen, Vice President and a founding member of Electronic Frontier Finland (Effi), passed away on Sunday 23 November 2014 in Helsinki from a sudden illness. He was 37 years old.
A Middle Path: Advocate-General’s Opinion On Abuse Of Dominance For FRAND-Encumbered SEPs 02/12/2014 by Magda Voltolini for Intellectual Property Watch Leave a Comment For the first time, the European Advocate-General has suggested on the grounds of European competition law the context for negotiations of fair, reasonable and non-discriminatory (FRAND) terms, and has set criteria for the enforcement of injunctions and other remedies in actions involving infringement of standard-essential patents (SEPs). The Court of Justice of the European Union (CJEU) decision is still pending.
CEIPI Celebrates 5oth Anniversary With Major Conference 25/11/2014 by William New, Intellectual Property Watch Leave a Comment The highly esteemed Center for International Intellectual Property Studies (CEIPI) in Strasbourg will mark its 50th anniversary this week with a conference featuring the top names in the European IP community. Below is the press release announcing the event: Conference CEIPI / 27-28 November 2014 Council of Europe, Strasbourg “Perspectives for the Intellectual Property System […]
Keyword Advertising: The Next Instalment In The Interflora v M&S Saga 25/11/2014 by Intellectual Property Watch 1 Comment A few days after the first South African case to consider the issue of internet keyword advertising (Cochrane Steel Products (Pty) Ltd v M-Systems Group (Pty) Ltd & Another Case 39605/13, 29 October 2014), we had the next instalment – from the English Court of Appeal – in the dispute between Interflora and Marks & Spencer (Interflora Inc & Another v Marks & Spencer plc [2014] EWCA Civ 1403). Yes, it is, indeed, not just any dispute concerning keyword advertising. It appears that these two litigants have taken it upon themselves to definitively settle the law relating to keyword advertising, through the various judgments their dispute is yielding.
US Courts Recognise New Performers’ Rights 24/11/2014 by Steven Seidenberg for Intellectual Property Watch 1 Comment For performers and record labels in the United States, it is terrific news. They possess previously unrecognised rights in audio recordings, according to three recent court rulings. But not everyone is pleased about this. The decisions not only upend 75 years of US copyright law, they create big problems for broadcasters, webcasters and many other internet firms, all of whom now face hefty liability for copyright infringement.