US Supreme Court Declines Review Of Controversial Copyright Ruling 13/11/2013 by Steven Seidenberg for Intellectual Property Watch 1 Comment The US Supreme Court yesterday let stand an important appellate court ruling on copyright law, giving a boost to artists who repurpose others’ works and to supporters of fair use rights. This decision, however, upset many copyright owners, who fear it will allow their works to be used without payment and without their consent.
“The Evil Will Be Punished”: Russia Establishes Federal Service For Copyright 12/11/2013 by Daria Kim for Intellectual Property Watch Leave a Comment This article provides an update on recent changes in the copyright legislative and regulatory framework in Russia, in particular, following up on the first decisions enforcing the recently introduced law against online video piracy and the announcement of the establishment of the new federal authority for copyright.
FSFE On Rockstar vs. Google: “Software Patents As A License For Privateering” 07/11/2013 by Intellectual Property Watch 1 Comment The Free Software Foundation Europe (FSFE) today issued a warning about the rise of Rockstar, a consortium of large companies such as Microsoft, Apple and Sony, formed to assert former Nortel patents. The consortium recently sued Google and other companies for infringement of several of those patents.
Industry Questions Canadian Courts’ Overturning Of Patents 31/10/2013 by Intellectual Property Watch Leave a Comment In a new blog post, Michelle Wein, research analyst with the Information Technology and Innovation Foundation, criticises a series of decisions by the Canadian courts overturning certain patents based on a re-evaluation of the usefulness criterion that a patent must meet. She argues that this trend reduces the effectiveness of the international patent system, inhibits innovation and reduces the distribution of life-saving medications.
Antigua Creating Platform To Monetise Suspended US IP Rights From WTO Case 24/10/2013 by William New, Intellectual Property Watch 6 Comments The government of Antigua and Barbuda is said to be taking steps to set up a platform to allow the tiny Caribbean nation to monetise or otherwise take advantage of the suspension of US intellectual property rights, as it is permitted to do by a World Trade Organization dispute panel. The WTO panel had ruled that Antigua could make up its loss in IP rights for US measures blocking Antiguan online gambling in the US.
European Commission Market-Tests Samsung Antitrust Commitments 18/10/2013 by Intellectual Property Watch Leave a Comment The European Commission wants feedback from interested parties on a proposal by Samsung Electronics to resolve an antitrust investigation. The case relates to Samsung’s efforts to enforce standard essential patents (SEPs) it owns for mobile communications technology. SEPs are patents that protect technologies essential for the implementation of an industry standard developed by a standard-setting organisation.
USTR Support Of USITC Ban On Samsung Imports Contrasts With Earlier Position 09/10/2013 by William New, Intellectual Property Watch Leave a Comment The Office of the United States Trade Representative (USTR) yesterday approved the US International Trade Commission’s ban on imports of certain electronics from Samsung, based in part on the fact that the patents in the case do not involve standard essential patents (SEPs). By contrast, concern over SEPs was a big reason for the recent White House decision to overturn a USITC finding that Apple had violated Samsung’s patents.
Indonesia Becomes Fifth To File WTO Case Against Australia Tobacco Plain-Packaging 22/09/2013 by Intellectual Property Watch 3 Comments Indonesia has become the fifth country to initiate dispute settlement procedures at the World Trade Organization challenging an Australian public health law requiring tobacco products to be sold in plain packages as a way to discourage their use.
Negotiators, Stakeholders Tell Tale Of WIPO Marrakesh Treaty Negotiation, Look To Implementation 20/09/2013 by William New, Intellectual Property Watch 2 Comments Several negotiators and other stakeholders participating in last June’s successful negotiation of an international treaty to ease access to reading material for blind and visually impaired people recently gathered in Washington, DC to look back on the remarkable and at-times bitter talks. Months later, not all agree on certain historical details, such as the US position, but all agree it was a significant accomplishment.
Study: Patent Trolls In US Use Business Method Patents To Target More Firms 20/09/2013 by Steven Seidenberg for Intellectual Property Watch 1 Comment Patent assertion entities in the United States have done well from software patents. These companies, which some call “patent trolls,” have garnered a clear majority of their revenues by licensing software patents and suing those who refuse to purchase licences. But these companies’ reliance on software patents may be coming to an end. In recent years, these companies are increasingly exploiting business method patents, and by doing so are targeting a much larger range of businesses, according to a recently released study.