Original news and analysis on international IP policy
One of the five Canadian Supreme Court cases handed down in mid-July considered whether photocopying by kindergarten to grade 12 teachers constitutes fair dealing. Since then, opinions have varied on whether the decision represents a broadening of the fair dealing doctrine or simply fact-specific guidance.
As members of the international intellectual property community prepare for their third day of the 24th session of the Standing Committee on Copyright and Related Rights (SCCR), they are told to keep the spirit of Beijing alive, referring to the recently concluded Beijing Treaty on Audiovisual Performances. However, there is reason to keep another country's spirit in copyright law in mind as well. Last week, the Supreme Court of Canada handed down five critically important copyright judgments that may very well colour the proposals made by member states at the SCCR.
The United States Patent and Trademark Office (USPTO) and a leading US rights holder group have entered a case involving rights over prior art submitted in patent applications, arguing that it falls under fair use.
An open letter was sent yesterday from 50 American legal academics encouraging members of the United States Senate Finance Committee to exercise their Constitutional responsibility to ensure that the Anti-Counterfeiting Trade Agreement (ACTA) is treated as a binding international agreement requiring legislative ratification and sent to Senate for approval.
The European Court of Justice recently reaffirmed the limits of copyright protection in computer software.