Original news and analysis on international IP policy
The USTR's disapproval of the ITC order excluding Apple products from the US raises difficult issues about the relationship between public decision-making and private solutions -- and invites strategic policymaking by other governments.
Infojustice writes: Over the past few years, patent-eligible subject matter has become one of the hotly debated areas of patent law in several countries. Even in the United States, the Supreme Court is beginning to express concerns about overly inclusive patent rules that stifle both competition and follow-on innovation. However, significant confusion persists over the difference between patent eligible subject matter and patentability requirements. Patent eligibility tests have proven quite difficult to apply, often leading to inconsistent and unpredictable results.
A paper examining the fair use doctrine in the United States, published by law professors Peter Jaszi and Matthew Sag and University of California at Berkeley fellow Gwen Hinze, addresses specific issues raised in an earlier submission to the Australian Law Reform Commission (ALRC) by the Kernochan Center for Law, Media and the Arts.
Andrew Updegrove discusses the handing down by Justice James Robart of a 207-page opinion in a closely-watched dispute between Motorola and Microsoft, involving several patents that Google later acquired (along with the rights under the lawsuit) when it purchased Motorola Mobility. In that opinion, Robart sought to determine what, under all relevant circumstances, Google could fairly and reasonably charge Microsoft to infringe upon the essential claims in question when (for example) it builds and sells an Xbox.
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.