Original news and analysis on international IP policy
All the experts agree: US copyright law doesn’t apply outside US borders. But try telling that to Kim Dotcom, Aubrey Canning, or the growing number of other foreigners whose activities outside the United States have resulted in sanctions under US copyright law.
US President Barack Obama wants the country’s Justice Department to get by with a bit less money next fiscal year – but not when it comes to prosecuting overseas infringers of American IP rights.
This year could bring major changes in US intellectual property law. Congress and the nation’s courts will be confronting a variety of issues that have broad ramifications for copyrights, trademarks and patents. Here are some of the top developments to watch in 2012.
For the past ten years, the United States Supreme Court has steadily chipped away at patent rights. But this term, the court abruptly reversed direction. In two weeks, the high court issued rulings in three patent cases, and in every one upheld the legal rights of inventors. It is unclear, however, how big a win this really was for patent rights.
The United States recently changed one important aspect of enforcing patent rights. Patent owners who wish to use contempt proceedings to stop adjudged infringers from committing additional infringements must comply with the new standards laid down in TiVo Inc. v. EchoStar Corp. The decision, which brings US law closer to that of European countries, makes it easier for patentees to bring contempt actions, but may sometimes make it harder to win these actions.
Companies doing business in the United States have, for the past 15 months, found themselves in the cross-hairs. Bayer, Nike, L’Oreal, Sony, Wal-Mart, Novo Nordisk and hundreds of other firms have been sued for making or selling products displaying incorrect or expired patent numbers. And the liability for such false patent marking can be astronomical, with a defendant potentially facing fines of billions or even trillions of dollars.
Patents will soon receive less protection in the United States. That’s the view of many experts who have been closely following Microsoft Corp. v. i4i Ltd. Partnership, which will be argued before the United States Supreme Court later this year.
The year 2010 was a turbulent year for intellectual property law in the United States, and 2011 promises more of the same. The following are some of the top US IP developments to watch in the coming year.
中国政府认为自己的行动符合其公民的最佳利益。它正在规范互联网，以保护其人民不受色情和其他令人生厌内容的危害。然而，批评者声称，中国大幅限制大陆居民可以网上观看、听闻和言论的东西，因此犯了审查过分之过。
China’s government says it is acting in the best interests of its citizens. It is regulating the internet in order to protect its people from pornography and other objectionable content. Critics, however, assert that China is guilty of wide-ranging censorship, drastically limiting what mainland residents can see, hear and say online. Moreover, according to a growing chorus, this online censorship violates World Trade Organization rules.