Intellectual Property Watch

Intellectual Property Watch

  • Articles: 409

Limitations And Exceptions For Libraries, Archives And Education At WIPO: What To Know About The Africa Group Proposal

The 29th Session of the Standing Committee on Copyright and Related Rights at the World Intellectual Property Organization is currently underway. On the agenda, inter alia, will be discussions on Limitations and Exceptions to Libraries, Archives and Educational, Teaching and Research Institutions. Against the backdrop of the success with the Marrakesh Treaty, the trajectory looks set for these further exceptions and limitations to succeed.

One Bite At The Apple: PTAB Closes IPR Joinder Loophole

As a result of the America Invents Act enacted three years ago, the United States Patent Trial and Appeal Board (PTAB) now handles inter partes reviews (IPR)—a new trial proceeding used to challenge the validity of patent claims based on patents and printed publications. Recently, the PTAB has caused a split concerning the proper scope of the IPR joinder provision, which grants the PTAB discretion to join a “party” to a previously-instituted IPR. In the past, the PTAB interpreted the term “party” expansively to include petitioners for whom it had already instituted an IPR. Petitioners were quick to jump on this loophole, and have since sought to raise new arguments in an instituted IPR by filing a subsequent petition and seeking joinder with the in-progress proceeding.

Keyword Advertising: The Next Instalment In The Interflora v M&S Saga

A few days after the first South African case to consider the issue of internet keyword advertising (Cochrane Steel Products (Pty) Ltd v M-Systems Group (Pty) Ltd & Another Case 39605/13, 29 October 2014), we had the next instalment – from the English Court of Appeal – in the dispute between Interflora and Marks & Spencer (Interflora Inc & Another v Marks & Spencer plc [2014] EWCA Civ 1403). Yes, it is, indeed, not just any dispute concerning keyword advertising. It appears that these two litigants have taken it upon themselves to definitively settle the law relating to keyword advertising, through the various judgments their dispute is yielding.

WIPO’s Assistance To Developing Countries: Taking Forward The Unfinished Reform Agenda

Dr. Carolyn Deere Birkbeck writes: At this week’s Committee on Development and Intellectual Property (CDIP), WIPO Member States continue to debate next steps on the unprecedented 2011 External Review of WIPO’s assistance to developing countries. With a new Deputy Director General for the WIPO’s Development Sector due to start work this December, the prospect of new leadership also marks a time for Members to provide clear direction. They should act this week and in the coming months to set clear priorities for the Secretariat - and for themselves – that would give greater focus to the ongoing work of improving WIPO’s development cooperation activities, and to establish a mechanism for monitoring progress.

Limitations And Exceptions As Key Elements Of The Legal Framework For Copyright In The European Union – Opinion On The Judgment Of The CJEU In Case C-201/13 Deckmyn

In this opinion, the European Copyright Society (ECS) puts on record its views on the issues raised by the Judgment of the Court of Justice of the European Union (CJEU) in Case C-201/13, Deckmyn, which departs from the doctrine of strict interpretation of exceptions and limitations in cases in which fundamental rights such as freedom of expression are involved.

What Is Happening At The ITU Plenipotentiary Conference?

Consultant Richard Hill writes: There is lots going on at the ITU Plenipotentiary Conference, in particular a typical North/South clash regarding who should do what. The global South would like to see a greater role for the International Telecommunication Union in some areas, or a least a smaller role for institutions based in or dominated by the global North, whereas the global North favors the status quo. But there are many nuances, some very significant, within this overall picture.

The Indian Copyright (Amendment) Act, 2012 And Its Functioning So Far

It’s been a little over two years since the Copyright Act, 1957 was extensively amended in 2012 with far-reaching ramifications for all categories of stakeholders. The amendments purported to introduce a level playing field for different categories of right holders in the entertainment industry, recognise the access needs of users of the copyrighted works in general and visually impaired population of the country in particular, align the copyright regime of the country with rapid advances in technology and streamline copyright enforcement and administration. To gauge the influence of the amendments on copyright regime in India as well as to see if their implementation so far has been in sync with the legislative intent, this article seeks to evaluate the Copyright (Amendment) Act, 2012 as well as their working, writes Abhai Pandey.

Review of “Digital Depression: Information Technology And Economic Crisis”

Information and communication technologies (ICTs), and in particular the internet, have revolutionized and disrupted all aspects of human activity, and even behaviour. This has resulted in many academic publications and much discussion, including in intergovernmental bodies, regarding various issues, including how best to govern the internet.

Dan Schiller’s book helps us to understand the background of these events, which have affected economic and political power relations, and how US policies have consistently favoured capital over labour, and have resulted in transfers of vast sums from developing countries to developed countries, writes Richard Hill.

USTR’s Investigations On IP Rights Against India: Is There A Tenable Case?

On 14 October, the US Trade Representative (USTR) began the out-of-cycle review (OCR) of India’s intellectual property (IP) laws, the mandate which it gave itself in the 2014 Special 301 Report. Like several years in the past, the USTR once again included India in the Priority Watch List, but this time, India’s IP laws are being subjected to the additional scrutiny through an OCR. It is to be seen whether the OCR sets the stage for naming India as a Priority Foreign Country, viewed by the USTR as worst offender of intellectual property rights, in the next Special 301 report. USTR’s inclusion of India for the OCR was a reflection of the influence that the domestic lobbies have on the country’s engagement with its partner countries, and about USTR's consistency with World Trade Organization rules, writes Biswajit Dhar.

The TPP’s New Plant-Related Intellectual Property Provisions

The newly-released Trans-Pacific Partnership (TPP) intellectual property (IP) chapter would help seed conglomerates like Monsanto prevent farmers from saving and using seeds that contain patented plant materials, even when such use is for their own personal consumption. The TPP language would also prevent breeders from using plants seeds that contain patented plant materials to research and develop new varieties. Most plant variety protection (PVP) systems allow farmers to save and reuse seeds (for noncommercial purposes) and permit breeders to use protected plant varieties to research and develop new varieties. In contrast, patents on plant-related inventions, as outlined in the TPP, may have few exceptions. This new text constitutes a huge step in the wrong direction, changing the plant IP regimes of many of the negotiating countries to the detriment of their populations, writes Public Citizen.