Clinton Lays Out Presidential Tech & Innovation Plans 29/06/2016 by William New, Intellectual Property Watch 2 Comments US presidential candidate Hillary Clinton has issued highlights of her plan to boost the nation’s competitiveness in and attention to technology, internet and innovation if elected. The platform hits many of the latest issues and buzzwords in those fields, continuing existing programs but also pushing further in some areas. Among the plans: appoint a chief innovation advisor, reduce frivolous patent litigation, support allowing the US Patent and Trademark Office to keep its fees, boost access to orphan copyrighted works and open licensing, support multi-stakeholder internet governance, and keep the internet open worldwide. Clinton also gave a nod to personal privacy online and took a jab at the SOPA bill that was defeated for over-reaching on behalf of IP rightsholders.
US Courts Split On Legality Of Music Sampling 28/06/2016 by Steven Seidenberg for Intellectual Property Watch 1 Comment De minimis non curat lex – the law does not concern itself with trifles. This venerable legal principle is applied throughout the world, but not in one part of US copyright law. Copying any part of a sound recording, no matter how tiny, is actionable copyright infringement, according to an eleven year-old US appellate court ruling. Following that ruling, pop star Madonna found herself sued because her hit song, Vogue, allegedly copied a fraction of a second of another song. That copyright infringement suit was thrown out on 2 June, however, when a different appellate court ruled that de minimis infringements of sound recordings do not create any liability. Now US copyright law is in a muddle.
LinkedIn’s Patent Portfolio; Looking For Hidden Gems 23/06/2016 by Intellectual Property Watch 2 Comments John Sullivan writes: It’s obvious that this acquisition isn’t necessarily about the IP assets of LinkedIn. However, let’s have a closer look at LinkedIn’s portfolio to see if there are any hidden gems inside that would represent a nice fringe benefit to what already looks like a mutually beneficial acquisition.
US High Court Inter Partes Review Leaves Patent Holders Dissatisfied 21/06/2016 by Dugie Standeford for Intellectual Property Watch 1 Comment A 20 June decision by the Supreme Court upholding US Patent and Trademark Office (USPTO) rules for inter partes review of patents isn’t helpful to patent owners, according to several attorneys. The ruling in Cuozzo Speed Technologies, LLC v. Lee (No. 15-446) disappointed expectations for another pro-patent holder decision following a 13 June ruling in another case, said Proskauer patent lawyer Baldassare Vinti. USPTO Director Michelle Lee, however, said the decision would allow the office to continue resolving patentability disputes via less expensive alternatives to litigation.
Nearly All Global Physical Counterfeiting Is From China & Hong Kong, US Report Shows 21/06/2016 by William New, Intellectual Property Watch Leave a Comment A new analysis released this week by the United States Chamber of Commerce Global Intellectual Property Center (GIPC) shows that some 86 percent of all physical counterfeiting comes from China and Hong Kong. Companies locating manufacturing there may not be surprised to find counterfeit versions of their products on the market, and seizures are a small fraction of the goods getting into the global trade stream, the report says.
USTR Froman: IP-Related Biologics Still Key Sticking Point For TPP Passage In US 20/06/2016 by William New, Intellectual Property Watch 1 Comment United States Trade Representative Michael Froman today said biologics remain one of the biggest unresolved issues in getting the Trans-Pacific Partnership passed in the US Congress. He called biologics an intellectual property rights issue and said the administration is working with Congress and industry to resolve concerns without reopening the trade deal completed last autumn.
Panels Brainstorm Ideas On Innovation And Drug Access 15/06/2016 by Catherine Saez, Intellectual Property Watch Leave a Comment The quest of balance between encouraging medical innovation and the imperative of broad access to medicines has so far been elusive. Two Harvard University programmes jointly organised a workshop this week with the aim of encouraging a conversation between global health actors and see if some “outside the box” thinking is possible.
Special Report: Roundup Of US Copyright Office Review Of US Law 08/06/2016 by Dugie Standeford for Intellectual Property Watch 1 Comment The United States Copyright Office is examining how provisions of the Digital Millennium Copyright Act (DMCA) and the 1976 Copyright Act are working and whether any changes, legislative or otherwise, are needed. Not surprisingly, there are broad differences of opinion among rights owners, public interest groups, users of copyrighted works and the high-tech community on both questions.
IP-Watch Seeking Writers In Brussels, Washington 03/06/2016 by Intellectual Property Watch, Intellectual Property Watch 1 Comment Intellectual Property Watch is seeking occasional Freelance Writers based in the Washington DC Metro area, San Francisco Bay area, and in Brussels or London. Writers will assist with reporting, writing and publishing stories on international intellectual property and innovation policymaking and law. We are looking for writers who are experienced with delivering multimedia content on a digital news platform and through social media.
Q&A With Erich Spangenberg On Patents And Drug Prices 03/06/2016 by Intellectual Property Watch 1 Comment Prices for drugs have long been a problem for developing countries but now have become out of reach for many in developed countries, sparking policy debates and efforts to address it. One of the top figures in the patent monetization business, industry maverick Erich Spangenberg offers a lively opinion on the underlying problem and how to fix it. To start? Stop granting patent extensions for minor changes.