Dugie Standeford

Dugie Standeford

  • Articles: 158

Patent And Copyright Reform Proposals Lead US IP Issues For 2008

By Dugie Standeford for Intellectual Property Watch
The year 2008 could be a turning point for intellectual property policy and law in the United States, with key patent, copyright and enforcement legislation pending, legal decisions unfolding, and high drama in the battle over content online. All of this comes in the context of a national presidential election late in the year.

Online Content, Patent Reform Are Key For Europe In 2008

By Dugie Standeford for Intellectual Property Watch Copyright issues take centre stage this year as debate intensifies in the European Union over Internet service provider (ISP) responsibility for online piracy. In addition, the proposed European patent litigation system, considered dead…

US Lawmakers Seek IP Enforcement Agency; Satellite Radio Royalties Set

By Dugie Standeford for Intellectual Property Watch
A bipartisan group of US legislators is calling for tougher civil and criminal penalties for copyright and trademark infringement through new legislation introduced last week. Meanwhile, the US Library of Congress Copyright Royalty Board (CRB) has set royalties for satellite radio services, as webcast radio companies lobbied for rate parity.

The "Prioritising Resources and Organisation for Intellectual Property Act of 2007 (PRO IP)," introduced 5 December, would create an IP enforcement czar, establish a new IP division in the Department of Justice, and authorise the appointment of IP officers to help foreign countries combat piracy and counterfeiting.

France To Require Internet Service Providers To Filter Infringing Music

By Dugie Standeford for Intellectual Property Watch
French record labels and Internet service providers (ISPs) have agreed on a ground-breaking plan to fight online music piracy. Among other things, the 23 November memorandum of understanding requires Internet access providers to experiment with filters to block infringing files.

Making ISPs shoulder more responsibility for copyright violations on their networks while leaving intact their immunity from liability for content for which they are "mere conduits" represents a sea-change in the interpretation of the European Union E-Commerce Directive, said attorney Winston Maxwell of Hogan & Hartson.

French Industry Attacks Private Copy Fees As Levy Debate Grows

By Dugie Standeford for Intellectual Property Watch
Makers and distributors of digital storage products and audiovisual media last week urged France's highest administrative court to kill private copy levies on technologies for transferring data such as USB keys, external hard disks and memory cards.

The challenges, filed 9 November in the Conseil d'Etat by e-merchant Rue du Commerce and the Syndicat des Industries de Mat�riels Audiovisuels Electroniques (SIMAVELEC), contend that the lack of harmonised levies among European Union countries violates EU law and hurts online sellers.

The legal action came one day after the European Grouping of Societies of Authors and Composers (GESAC) argued that non-payment of levies should be made a criminal offence.

New USPTO Rules Blocked; EU Views New Patent Litigation Proposal

By Dugie Standeford for Intellectual Property Watch
A US federal court in Virginia has temporarily blocked the US Patent and Trademark Office (USPTO) from implementing controversial new rules governing patent application continuations. The rules, set to come into effect on 1 November, sparked strong opposition from many patent attorneys who argued that capping the number of patent claims and continuing applications would harm inventors seeking to protect intellectual property rights in the fast-moving high-technology sector (IPW, Patent Policy, 10 September 2007).

Separately, Portugal, which holds the EU presidency, floated a revised proposal for a European patent litigation system. The draft, although seen by critics as much improved over earlier versions, leaves several key issues unresolved, said Kevin Mooney, a UK attorney with Simmons & Simmons and president of the European Patent Lawyers Association (EPLAW).

New Models Emerge For European Copyright Licensing System

By Dugie Standeford for Intellectual Property Watch
The European system for licensing copyrighted music is in "huge confusion" following the rejection by content users and smaller collecting societies of a proposed model contract for collective management of music on cable, satellite and the Internet, Thierry Desurmont, vice president of the board of France's Societe des Auteurs, Compositeurs et Editeurs de Musique, said this week.

Desurmont spoke along with others at a 22 October Chatham House/International Institute of Communications conference on trends in global communications in London.

EU Microsoft Judgment Sparks IP Law Debate

By Dugie Standeford for Intellectual Property Watch
A European Commission ruling and record fine was upheld Monday against US software giant Microsoft for breaching European antitrust laws in a judgment that will have repercussions for intellectual property owners far beyond the case itself, experts said.

The European Court of First Instance upheld the �497 million fine and the 2004 ruling by the Commission that Microsoft had, among other things, refused access to rivals to IP-protected information needed for developing interoperable products.

New USPTO Rules, Legal Decision Signal Changes For US Patent Practices

By Dugie Standeford for Intellectual Property Watch
New rules by the US Patent and Trademark Office (USPTO) governing the continuation of patent applications will wreak havoc in the biotechnology and high-tech sectors, according to some experts. The regulations, announced in August as part of a USPTO effort to boost patent quality, and effective on 1 November, are already being challenged in court.

In addition, US patent practice changes could arise from a 20 August judicial decision setting a new standard for determining when patent infringement is wilful or done knowingly.