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.
National Parliaments Not Needed For CETA Approval, European Commission President Juncker Says 29/06/2016 by Intellectual Property Watch 5 Comments European Commission President Jean-Claude Juncker said today that the European Union would not include national parliaments of EU member states in the final decision on the Canada-EU Trade Agreement (CETA). Juncker’s CETA statement was made during the post-Brexit meeting of EU heads of state in Brussels today (28 June), several German newspapers reported quoting the German News Agency (DPA).
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.
Russia Centralizes State Power In The Field Of IP Rights 27/06/2016 by Eugene Gerden for Intellectual Property Watch 1 Comment The Russian government has officially adopted a package of measures aimed at tightening state control for the observance of intellectual property rights in the country. This will take place through the introduction of a new system of IP management and implementation of other measures, according to recent statements of Oleg Fomichev, Russia’s deputy minister for economic development.
UK “Brexit” Leaves IP Community With Many Questions 24/06/2016 by Dugie Standeford for Intellectual Property Watch and William New 7 Comments Britons’ 23 June decision to pull out of the European Union has caused shock waves in the UK and Europe, and the vote is still being digested. Early reactions from members of the intellectual property community show that the impact of Brexit on IP policies and issues in Britain and Europe is far from clear.
ARIPO Reviews Draft Regulations On Implementation Of Arusha Protocol On Plant Varieties 24/06/2016 by Hillary Muheebwa for Intellectual Property Watch 3 Comments The African Regional Intellectual Property Organization (ARIPO) last week hosted a meeting of experts in Harare, Zimbabwe, to review the Draft Regulations for the Implementation of the Arusha Protocol for the Protection of New Varieties of Plants.
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.