Original news and analysis on international IP policy
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.
The authors write: "The US Patent and Trademark Office recently introduced a discounted “micro entity” rate on official fees for qualifying universities. Unfortunately, recent changes in the USPTO’s rules on applicants and powers of attorney hinders a qualifying university from benefiting from the micro entity discount. Here, we explain how the rules on micro entity status, applicants, and powers of attorney conflict with each other and offer suggestions for taking advantage of the micro entity discount without running afoul of the rule changes."
Prof. Owen Dean writes: Warner/Chappel Music, a music publishing company in the United States of America, claims and exerts copyright in the ubiquitous song “Happy Birthday to You”. It requires that royalty payments should be made to it each and every time this song is sung or used in public. This is a startling proposition as most people probably assume that the song is in the public domain and is free for use by all. An American documentary film maker agrees and is objecting to having to pay royalties to include the song in a film. It has consequently commenced legal proceedings before the US court seeking a declaration that the song is out of copyright and in the public domain. These court proceeding are currently attracting attention world-wide due to their somewhat bizarre nature. Meanwhile, under a bill in South Africa, celebrants of birthdays who do not obtain the necessary licence for singing “Happy Birthday” may in future bring the full wrath of the law down upon themselves through their unlawful conduct. Moreover, this situation could prevail in perpetuity.
Prof. Sean Flynn writes that the transparency in the breakthrough agreement on an international treaty for the visually impaired in Morocco is a lesson for trade negotiators who encounter difficulties after keeping trade agreement texts secret until negotiations are over, such as in the Anti-Counterfeiting Trade Agreement (ACTA) and the Trans-Pacific Partnership Agreement (TPP).
Infojustice.org examines the evolving responsibilities of the US International Trade Commission (ITC) and its decision to bar imports of older Apple iPhones and iPads, finding that they infringed patents held by Samsung.
Infojustice.org reports: On May 23, Brazil’s federal communications commission – ANATEL – passed a resolution with sweeping implications for internet service provision, net neutrality, and regulatory power.
Recent news about the United States National Security Agency (NSA)'s secret programmes to collect the records of domestic telephone calls in the US and international internet activity has dominated headlines. The revelation has spurred countless conversations about the ability of government agencies and companies to monitor private communications of individuals.
To what extent can global intellectual property rules address in an effective manner the needs of the most vulnerable members of society? This is the key question with which member states of the World Intellectual Property Organization (WIPO) are faced as they prepare to meet next week for a diplomatic conference, in Marrakesh, that should result in the adoption of a treaty to facilitate access to copyrighted works by visually impaired persons and persons with print disabilities.
Ten years after applying for membership, Croatia is finally joining the European Union on 1 July 2013. Tanja Rajić, senior associate at PETOSEVIC, explains how six years of accession negotiations and the adoption of the acquis communautaire have affected intellectual property protection in Croatia and prepared it for becoming a member state.
The failure to reach agreement in Dubai in December 2012 at the International Telecommunication Union (ITU) World Conference on International Telecommunication (WCIT-12) resulted in a refusal to sign the treaty that was approved at the conference. Various reasons have been given to justify not signing the treaty (IPW, ITU/ICANN, 13 December 2012). A new article explaining the outcome was published today by a former senior ITU official, and made freely available by special arrangement for IP-Watch readers.
Daniela Bagozzi writes: Ten years of efforts in treatment for priority diseases has yielded impressive results both in terms of lives and dollars saved. To maintain progress in a volatile and financially tight environment countries and the international community will need to increase pressure on quality and healthy generic competition.
"Bad Science" adversary and journalist, Dr Ben Goldacre, this week challenged WHO Director of Ethics and Social Determinants of Health, Dr Rüdiger Krech, on his understanding of published evidence.