Original news and analysis on international IP policy
Seldom does a fact bear repeating as frequently as the maxim, “There is no copyright in ideas”. And despite the regularity with which this fundamental principle of copyright law is cited, its application remains a bone of contention, Cobus Jooste writes.
A new study sponsored by the Medicines Transparency Alliance (MeTA) sheds light on the impact of strong intellectual property protection on access to medicines.
The South African national anthem comprises the works Nkosi Sikelela’ iAfrika and Die Stem, which was formerly the national anthem. Nkosi has passed into the public domain and contrary to various claims cannot be used as the basis for royalty claims arising out of its use. The music of Die Stem is however still under copyright but its ownership has reverted from the State to the heirs of the composer in terms of the reversionary interest provisions of the British Imperial Copyright Act and is thus the subject of private ownership. In principle royalties can be charged in respect of its use as part of the current national anthem.
Informa has announced a range of upcoming events and courses on the essential aspects of intellectual property and technology of interest to Intellectual Property Watch readers. Here is the list:
Events:
IP Dispute Resolution - 28 - 29 June 2012, Grange City Hotel, London, UK
European Trademarks 2012 – 3rd July 2012, Grange City Hotel, London, UK
Protecting Corporate Information – 5th July 2012, One Drummond Gate, London, UK
IT Law Summer School 2012 – 30 July - 3 August 2012, Downing College, Cambridge, UK
IP Summer School - 13 - 17 August 2012, Downing College, Cambridge, UK
Distance Learning Courses:
Computer and Communications Law LLM, PgDip - from Queen Mary, University of London
UK, EU & US Copyright Law LLM, PgDip - from King's College London
The question of the use of material in the public domain for the inspiration of new works has been complicated in South Africa by legislation which purports to grant retrospective perpetual protection to so-called “traditional works”. A case pending in the South African High Court highlights the question of what is “traditional” and raises the question of to whom music companies will have to look in the future to obtain permission to use anything that smacks of a traditional flavour. Prof. Owen Dean asks: Could this be a disincentive to use traditional material belonging in the public domain and thus slow cultural expression?
In this post, three US law professors explain a recent call by over 30 legal scholars for the US Trade Representative to increase transparency for the Trans-Pacific Partnership Agreement intellectual property chapter, and their response to Ambassador Kirk’s response that he is “strongly offended” by the suggestion that the negotiation is not adequately transparent already.
In 2010, institutions in Albania created a strategy to help enforce intellectual property rights within five years. Intellectual Property Watch recently conducted a written Q and A with Vladimir Nika, Albanian office director for the Eastern European law firm PETOŠEVIĆ, on the progress and prospects for the Albanian legislature’s implementation of the 2010 IPR enforcement strategy.
The latest World Health Organization / European Union plans to counter the trade in counterfeit and substandard medicines aim to ensure that medicines in the developing world are safe. As such, though both plans appropriately address quality issues, they fall short of adequate coordination and collaboration with each other, and also present substantial flaws, Daniele Dionisio writes.
The last year has witnessed a series of convictions of copyright pirates by the Federal High Courts in Nigeria. Information provided by Afam Ezekude, the Director General of the Nigerian Copyright Commission, the government agency responsible for copyright matters, shows that the courts have convicted copyright infringers in 18 cases within the last 5 months (October 2011 to February 2012).
If you cannot beat them, join them. For that reason this Chair of IP has decided to announce a NEW sui generis Protection of Traditional Knowledge Bill in the hope that something may yet be done to save us all.