Original news and analysis on international IP policy
Projects aimed at creating a more interoperable international trademark system are moving forward, according to the US Patent and Trademark Office and the Japan Patent Office (JPO). Among those in the works are the USPTO-led TM5 ID List Project, which USPTO Commissioner for Trademarks Mary Boney Denison said will lead to faster processing of high-quality trademarks around the world.
Google is doing more to counter online copyright infringement than ever before, it said in its “How Google Fights Piracy 2016 Update,” claiming takedowns of over 500 million webpages in response to rights holder requests. Yet the music industry and an academic said the company needs to up its game.
Deteriorating relations between European Patent Office (EPO) management and staff union SUEPO have sparked another lawsuit in the district court in The Hague, Netherlands. The matter, which will be heard in a 15 July summary proceeding, alleges a pattern of threats, dismissals, suspensions from service and gagging of union members, said Prakken d'Oliveira attorney Liesbeth Zegveld, who represents SUEPO and its Dutch branch. Around one-third of union officials have been suspended, investigated or gagged, effectively preventing the union from functioning, she said in an interview.
The lawsuits are just part of the ongoing turmoil affecting the EPO. Reform of the Boards of Appeal (BoA) has also proved controversial, and there are concerns about the reluctance of the Administrative Council to get a grip on the staff-management battle.
The EPO said that, as an international organisation, it has immunity from such suits, as recently held by a German court. It defended its changes to the BoA, and announced an autumn conference for stakeholders to discuss an independent study on office social issues.
Two weeks after the United Kingdom voted to leave the European Union, the potential impact of “Brexit” on patents and trademarks is becoming marginally clearer, intellectual property lawyers said in interviews and a 7 July webinar. Among other things, Brexit would delay the EU unitary patent and unified patent court (UPC) and result in great uncertainty –and higher costs -- for trademark owners, they said.
Internet service providers can be ordered to block websites that offer counterfeit goods for sale despite the lack of an express law to that effect in trademark cases, the UK Court of Appeal for England and Wales said in a 6 July decision.
The United Kingdom Digital Economy Bill, floated this week, aims to “enable access to fast digital communication services for citizens and businesses, to enable investment in digital communications infrastructure, to shape the emerging digital world to the benefit of children, consumers and businesses, and to support the digital transformation of government, enabling the delivery of better public services, world leading research and better statistics,” the UK government said in the document.
More than 1,000 recording artists and songwriters from Europe, and artists who regularly perform there, have urged the European Commission to stop the “value gap” created by user upload services such as Google's YouTube from “siphoning value away” from the music community. Google, however, said digital services aren't the problem, and that greater transparency on royalties is needed.
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.
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.
The United States Copyright Office is examining how provisions of the Digital Millennium Copyright Act (DMCA) and the 1976 Copyright Act are working and whether any changes, legislative or otherwise, are needed. Not surprisingly, there are broad differences of opinion among rights owners, public interest groups, users of copyrighted works and the high-tech community on both questions.