Dugie Standeford

Dugie Standeford

EU Sees Flurry Of IP Policy Activity

With European Commission proposals for copyright reform expected later this year, EU lawmakers, rights-holders and digital rights activists are pushing for major policy shifts. European Parliament resolutions approved on 9 June call for stronger intellectual property protections in non-EU countries, and better internal enforcement against online breaches. A controversial draft report seeking more harmonisation of EU copyright measures has attracted around 600 proposed amendments and will be voted on 16 June. Meanwhile, the Council said it reached agreement with Parliament on changes to EU trademark law.

European Parliament Trade Committee Tries To Defuse TTIP Controversy But Outcome Remains Uncertain

European Commission negotiators should back away from a controversial provision in the Transatlantic Trade and Investment Partnership (TTIP) deal that would allow companies to sue governments in arbitration courts over claimed unequal treatment, the European Parliament International Trade Committee (INTA) said on 28 May. MEPs called instead for publicly appointed, independent judges, public hearings and an appellate mechanism that respects the jurisdiction of EU and national courts, the committee said.

European Commission Urged To Fix EU Law Before Addressing IPR Protections In Third Countries

Efforts to revamp protection for and enforcement of intellectual property rights in non-EU countries are welcome, but the European Commission should get Europe's IPR house in order first, a new draft report by the European Parliament International Trade (INTA) Committee says. Meanwhile, internal IPR reform is advancing on several fronts, said the EC, which gave Intellectual Property Watch an update on the various measures.

Year Ahead: Copyright Reform, EPO Governance, Trade Secrets Among Top European IP Issues In 2015

Review, and possibly reform, of the European Union copyright system tops the list of “hot” European intellectual property issues this year. The new European Commission has made modernising copyright rules a major priority, while fresh debate has broken out over the need for levies on digital copying devices to remunerate rights holders.

Meanwhile ongoing unrest between European Patent Office (EPO) staff and management looks likely to continue, as do efforts to finalise the unitary European patent and Unified Patent Court. EU legislation to protect trade secrets could be adopted and trademark law updated. In addition, several important IP-related decisions are expected from the European Court of Justice (ECJ).

UK High Court Orders ISPs To Block Trademark-Infringing Websites

In what may be a test case for trademark owners battling counterfeiters, the UK High Court has ordered five internet service providers (ISPs) to block websites that were advertising and selling bogus goods. The ruling could have implications beyond Britain, the court said. ISPs, meanwhile, said the best way to handle infringing websites is to remove them at source rather than blocking.

Libraries May Be Permitted To Digitise Books Without Copyright Owner’s Consent, EU High Court Rules

European Union governments may allow libraries to digitise books in their collection without rights owners' consent in order to make them available at electronic reading posts, the European Court of Justice (ECJ) said on 11 September. If library users want to print works out on paper or store them on a USB stick, however, rights holders must be fairly compensated.

EU High Court Parody Ruling Could Create Problems, IP Attorneys Say

A 3 September European Court of Justice decision on the concept of “parody” is a controversial attempt to harmonise copyright law judicially where legislative efforts have failed, and raises more questions than it answers, intellectual property lawyers said. But the decision won't affect implementation of the United Kingdom's new copyright exception for parody, the UK Intellectual Property Office said.

Human Eggs That Can’t Develop Into Human Beings Should Be Patentable, EU High Court Advisor Says

Unfertilised human eggs that can't develop into human beings are generally not “human embryos” within the meaning of the EU directive on the legal protection of biotechnological inventions, a 17 July European Court of Justice Advocate General opinion said. The opinion is good news for researchers into stem cell therapies, said a member of the industry group IP Federation, who added he hopes it will be upheld by the ECJ. But one biotech civil society member said the ruling, if it stands, could be abused.