Morrison & Foerster’s 2018 Predictions On Intersection Of Technology And Law—From Web Scraping To Blockchain 12/01/2018 by Intellectual Property Watch Leave a Comment From the Morrison & Foerster Socially Aware blog: Happy 2018 to our readers! It has become a Socially Aware tradition to start the New Year with some predictions from our editors and contributors. With smart contracts on the horizon, the Internet of Things and cryptocurrencies in the spotlight, and a number of closely watched lawsuits moving toward resolution, 2018 promises to be an exciting year in the world of emerging technology and Internet law.
US IP Law – A Look At The Year Ahead 11/01/2018 by Steven Seidenberg for Intellectual Property Watch Leave a Comment In the coming year, one US Supreme Court case promises to dominate developments in America’s IP law. The upcoming decision in Oil States Energy Services v. Greene’s Energy Group could have major ramifications for patents, copyrights, trademarks, and the USPTO. But even as that case steals the limelight, 2018 could bring other significant changes to America’s IP law. Here are some of the key developments to watch for.
Artificial Intelligence Holds Enticing Promise, Needs Framework, Say OECD, Microsoft, IEEE 10/01/2018 by Catherine Saez, Intellectual Property Watch Leave a Comment As artificial intelligence technology spreads its wings, governance issues are emerging, as are international discussions, including a range of activities planned for 2018. One of the panels of the December Internet Governance Forum in Geneva explored the policy questions, as panellists said artificial intelligence is unabatedly spreading to many areas of our lives with promises of economic growth and benefits, but with few regulations to frame it. Issues include ethics, privacy, biases, and lack of transparency.
Year Ahead: US Music Sector Calls For Major Legislative Changes To Copyright In 2018 09/01/2018 by Emmanuel Legrand for Intellectual Property Watch Leave a Comment The music community is ramping up its efforts to have significant new copyright legislation approved by United States Congress in 2018, amid key changes in the legislative apparatus, with the elevation of Rep. Jerold Nadler (D-New York) as the Ranking Member of the House Judiciary Committee, a pivotal role that puts him at the heart of the US legislative system, and the retirement of the Committee’s current Chairman, Bob Goodlatte (R-Virginia), at the end of the year.
What Could Have Entered The Public Domain On January 1, 2018? 02/01/2018 by Intellectual Property Watch 2 Comments Current US law extends copyright for 70 years after the date of the author’s death, and corporate “works-for-hire” are copyrighted for 95 years after publication. But prior to the 1976 Copyright Act (which became effective in 1978), the maximum copyright term was 56 years—an initial term of 28 years, renewable for another 28 years. Under those laws, works published in 1961 would enter the public domain on January 1, 2018, where they would be “free as the air to common use.” Under current copyright law, we’ll have to wait until 2057.1 And no published works will enter our public domain until 2019. The laws in other countries are different—thousands of works are entering the public domain in Canada and the EU on January 1, writes the Duke University Center for the Study of the Public Domain.
In Break From Past Leadership Role, US Gov Largely Missing From Internet Governance Forum 23/12/2017 by Monika Ermert for Intellectual Property Watch 2 Comments The United States has been a steadfast supporter of the UN-led Internet Governance Forum since its inception over a decade ago, regularly bringing large and high-level delegations to the Forum. The US must have seen the forum as the lesser evil when governments from many continents pounded the desks during the 2005 World Summit on the Information Society (WSIS) conference in Tunis over the US special role in overseeing the Internet Corporation for Assigned Names and Numbers (ICANN) and thereby the heart of the domain name system, the root zone. But IGF 2017, held this week, saw a dramatic change in that regard.
State Hacking An Option To Overcome Encryption, IGF Hears 21/12/2017 by Monika Ermert for Intellectual Property Watch Leave a Comment The days of unfettered access to internet content are over, Riana Pfefferkorn of the Stanford Center for Internet and Society told government representatives during a panel dedicated to state interference in encryption, organised by Brazil’s registry Nic.br and CGI.br at the 12th Internet Governance Forum this week in Geneva. “Governments have to adapt,” the cryptography researcher said. A concern is, though, that governments will adapt by either lashing out to get backdoors in code, weaken encryption or legalize state hacking.
US Vote On Net Neutrality Could Affect The World, UN Rapporteur Says 20/12/2017 by Catherine Saez, Intellectual Property Watch 2 Comments The recent decision by the Trump administration in the United States rolling back the internet neutrality is of concern and in the long term could have effects beyond US borders, David Kaye, the United Nations special rapporteur on freedom of opinion and expression, told a press briefing today. He also commented on the negative effect of the social media model, in particular Facebook on small independent media outlets, but said the issue of the control of the internet is not limited to Silicon Valley companies.
A Canadian Billionaire’s Mysterious Death And The Effect On Access To Medicines 20/12/2017 by William New, Intellectual Property Watch Leave a Comment The mysterious death last week of Canadian billionaire Barry Sherman and his wife has raised many questions. For some, one question is what impact it will have on pharmaceutical competition in Canada, as his giant generic medicines company Apotex was seen as making a mark in access to medicines. It was also recalled that the company is the only one to have used an obscure provision of a World Trade Organization intellectual property agreement aimed at making more affordable medicines available in least developed countries.
US Court Strikes Down Bar On Scandalous Trademarks 19/12/2017 by Steven Seidenberg for Intellectual Property Watch Leave a Comment Yet another part of US trademark law is dead. On Friday, a US appellate court struck down a statutory provision that prohibited the registration of immoral or scandalous marks. The decision was almost inevitable, after a recent Supreme Court ruling applying the US Constitution’s free speech guarantees to trademark law. And it is likely to be followed by further successful court challenges to America’s trademark law.