UPOV Approves ARIPO Draft Legislation Spreading Plant Variety Protection To Africa 15/04/2014 by Catherine Saez, Intellectual Property Watch 3 Comments The African Regional Intellectual Property Office last week obtained a positive decision at the international level on its draft law to protect new varieties of plants. Amid protest from civil society, the regional office now has to adopt the draft law and has said it would convene a diplomatic conference (high-level negotiation) in 2014 in order to do so.
Copyright Ruling In US May Impair Free Speech 14/04/2014 by Steven Seidenberg for Intellectual Property Watch 1 Comment The 9th Circuit’s recent decision in Garcia v. Google has sparked outrage among many internet businesses, media organisations, civil rights groups, and copyright experts. They assert the ruling significantly alters US law in a manner that will greatly restrict free speech. But a minority of experts say there is nothing to fear.
East African Community Moves To Harmonise IP Rights Regulation 11/04/2014 by Hillary Muheebwa for Intellectual Property Watch 2 Comments KAMPALA – As the East African Community nears full revival, a bloc market covering five countries with a population of about 145 million people has emerged. But the member countries face another challenge: they have different levels of intellectual property rights protection.
UN Indigenous Rights Expert Says ‘Redskins’ Name A “Hurtful Reminder” Of Past Mistreatment 11/04/2014 by Caitlin McGivern for Intellectual Property Watch 2 Comments ames Anaya, United Nations special rapporteur on the rights of indigenous peoples, today called on the owners of the Washington Redskins Football team to recognise that the name ‘Redskins’ constitutes a “hurtful reminder” of the “long history of mistreatment of Native American people in the United States.”
EU Trademark Case Leads To Rules On Use Of Nice Classification 10/04/2014 by Angela Garcia Medina for Intellectual Property Watch 1 Comment The perhaps underestimated list of goods or services that applicants file with their trademark applications play an essential role in defining the protection the trademark will have. Registrars use this list to determine if an application should be refused and if it limits a trademark’s exclusive rights. The goods or services listed in an application can also motivate oppositions from competitors with prior rights or cause the future cancellation of the trademark. A recent trademark case in the European Union calls into attention the need for authorities to establish clear, predictable rules to identify goods and services in trademark systems. Further, the case highlights why it is important for applicants to carefully consider which goods or services they wish to protect and clearly identify them in an application.
Book Analyses Chinese IP And Technology Laws 09/04/2014 by Intellectual Property Watch Leave a Comment The recently published book “Chinese Intellectual Property and Technology Laws” provides the “first” overview of Chinese IP and technology law, supported by extensive legal, historical and socioeconomic background to developments in these areas.
UPOV To Examine ARIPO Legislation On Plant Variety Protection 08/04/2014 by Catherine Saez, Intellectual Property Watch 1 Comment Several committees of the International Union for the Protection of New Varieties of Plants (UPOV) will meet this week. One of them is called to assess a draft legal framework on plant variety protection from the African Regional Intellectual Property Office (ARIPO). The draft legislation has drawn ire from civil society who charge that it is detrimental to small farmers and who argue that ARIPO does not have legitimacy to become a UPOV member.
EU Data Retention Directive Declared In Violation Of EU Law 08/04/2014 by Intellectual Property Watch 2 Comments European data retention has to be rolled back after a clear judgment of the Grand Chamber of the European Court of Justice in Luxemburg today. The highest EU Court ruled that the directive which obliges telecommunication providers to collect and store communication traffic and location data for up to 2 years, depending on the implementation in the member states, is invalid.
New South Africa IP Policy Unlikely Before May Elections 08/04/2014 by Linda Daniels for Intellectual Property Watch Leave a Comment South Africa’s upcoming general elections on 7 May have thrown a spanner in the works of the much-anticipated national draft intellectual property policy from coming into effect anytime soon.
UK Issues New Regulations On Copyright Collecting Societies 07/04/2014 by Intellectual Property Watch Leave a Comment The United Kingdom has issued new regulations for collecting societies that it says clarify the licensing of copyrighted materials.