Original news and analysis on international IP policy
A paper examining the fair use doctrine in the United States, published by law professors Peter Jaszi and Matthew Sag and University of California at Berkeley fellow Gwen Hinze, addresses specific issues raised in an earlier submission to the Australian Law Reform Commission (ALRC) by the Kernochan Center for Law, Media and the Arts.
New York - Financial companies in 2012 faced nearly four times the patent litigation from non-practicing entities (NPEs), often called “patent trolls”, than they did five years ago and 2013 promises to be no different, according to a presentation by RPX Corporation, a patent risk management services provider. Financial institutions' use of social media and its associated risk was also a topic of discussion.
Intellectual property and the issues of biotechnology and public health are rising concerns for stakeholders to the Trans-Pacific Partnership agreement negotiations.
The final legislative piece needed for the establishment of a unitary EU patent system emerged from the European Commission today.
The United States is in a muddle over standard-essential patents. The nation’s courts and its executive agencies all agree that these patents play vital roles in the economy, but they disagree about what remedies are available when these patents are infringed. A recent decision by the US International Trade Commission has added to the confusion.
Andrew Updegrove discusses the handing down by Justice James Robart of a 207-page opinion in a closely-watched dispute between Motorola and Microsoft, involving several patents that Google later acquired (along with the rights under the lawsuit) when it purchased Motorola Mobility. In that opinion, Robart sought to determine what, under all relevant circumstances, Google could fairly and reasonably charge Microsoft to infringe upon the essential claims in question when (for example) it builds and sells an Xbox.
After three days of stocktaking, members of the World Intellectual Property Organization committee on genetic resources and traditional knowledge were unable to agree on a recommendation on the future work of the committee to the September WIPO General Assembly. Instead, a report will be transmitted to the Assembly with the expectation that this high level committee will reach agreement.
Investor agreements, included in many bilateral investment treaties (BITs), are a source of growing concern for many national governments. These agreements essentially leave countries vulnerable to litigation by individual firms, rather than other countries, as is the case in traditional World Trade Organization disputes.
Infojustice.org reports: The government of Antigua and Barbuda is moving forward with plans “to suspend certain concessions and other obligations relating to United States intellectual property rights” in retaliation for the US’s violation of the World Trade Organization (WTO) General Agreement on Trade in Services.
This month, Russian President Vladimir Putin signed Federal law No.187-FZ “On Amending Separate Legislative Acts of the Russian Federation Concerning the Questions of Protection of Intellectual Rights in Information and Telecommunication Networks.” The bill, which amends existing law, aims at boosting copyright protection online.
World Intellectual Property Organization committee members have laid out options for establishing an instrument or instruments to protect genetic resources, traditional knowledge and folklore. Now they are working to choose among them.
Intellectual property and product branding can be valuable tools for development, and communities and countries are taking note, according to the World Intellectual Property Organization, which held a presentation on the issue yesterday.