Category Features

Limitations And Exceptions As Key Elements Of The Legal Framework For Copyright In The European Union – Opinion On The Judgment Of The CJEU In Case C-201/13 Deckmyn

In this opinion, the European Copyright Society (ECS) puts on record its views on the issues raised by the Judgment of the Court of Justice of the European Union (CJEU) in Case C-201/13, Deckmyn, which departs from the doctrine of strict interpretation of exceptions and limitations in cases in which fundamental rights such as freedom of expression are involved.

What Is Happening At The ITU Plenipotentiary Conference?

Consultant Richard Hill writes: There is lots going on at the ITU Plenipotentiary Conference, in particular a typical North/South clash regarding who should do what. The global South would like to see a greater role for the International Telecommunication Union in some areas, or a least a smaller role for institutions based in or dominated by the global North, whereas the global North favors the status quo. But there are many nuances, some very significant, within this overall picture.

The Indian Copyright (Amendment) Act, 2012 And Its Functioning So Far

It’s been a little over two years since the Copyright Act, 1957 was extensively amended in 2012 with far-reaching ramifications for all categories of stakeholders. The amendments purported to introduce a level playing field for different categories of right holders in the entertainment industry, recognise the access needs of users of the copyrighted works in general and visually impaired population of the country in particular, align the copyright regime of the country with rapid advances in technology and streamline copyright enforcement and administration. To gauge the influence of the amendments on copyright regime in India as well as to see if their implementation so far has been in sync with the legislative intent, this article seeks to evaluate the Copyright (Amendment) Act, 2012 as well as their working, writes Abhai Pandey.

This Week’s Vote Will Show Who Finnish MPs Listen To On Copyright, EFFi Says

On 24 October, the Finnish Parliament is expected to vote on the Citizens' Initiative for Common Sense for Copyright Act, which aims to make Finnish copyright law more user-oriented. But with a proposal to gut the Act, a counter-proposal to save it, and unprecedented lobbying expected, the next two days should be interesting, writes Electronic Frontier Finland.

Little-Known Case May Dramatically Change US Patent System

The patent case recently argued before the US Supreme Court is relatively unknown, and for good reason. It involves no exciting new technology. It has no controversial patent claims (e.g., covering human genes). However, Teva Pharms. USA v. Sandoz, Inc. could produce major changes in America’s patent system.

Review of “Digital Depression: Information Technology And Economic Crisis”

Information and communication technologies (ICTs), and in particular the internet, have revolutionized and disrupted all aspects of human activity, and even behaviour. This has resulted in many academic publications and much discussion, including in intergovernmental bodies, regarding various issues, including how best to govern the internet.

Dan Schiller’s book helps us to understand the background of these events, which have affected economic and political power relations, and how US policies have consistently favoured capital over labour, and have resulted in transfers of vast sums from developing countries to developed countries, writes Richard Hill.

USTR’s Investigations On IP Rights Against India: Is There A Tenable Case?

On 14 October, the US Trade Representative (USTR) began the out-of-cycle review (OCR) of India’s intellectual property (IP) laws, the mandate which it gave itself in the 2014 Special 301 Report. Like several years in the past, the USTR once again included India in the Priority Watch List, but this time, India’s IP laws are being subjected to the additional scrutiny through an OCR. It is to be seen whether the OCR sets the stage for naming India as a Priority Foreign Country, viewed by the USTR as worst offender of intellectual property rights, in the next Special 301 report. USTR’s inclusion of India for the OCR was a reflection of the influence that the domestic lobbies have on the country’s engagement with its partner countries, and about USTR's consistency with World Trade Organization rules, writes Biswajit Dhar.

The TPP’s New Plant-Related Intellectual Property Provisions

The newly-released Trans-Pacific Partnership (TPP) intellectual property (IP) chapter would help seed conglomerates like Monsanto prevent farmers from saving and using seeds that contain patented plant materials, even when such use is for their own personal consumption. The TPP language would also prevent breeders from using plants seeds that contain patented plant materials to research and develop new varieties. Most plant variety protection (PVP) systems allow farmers to save and reuse seeds (for noncommercial purposes) and permit breeders to use protected plant varieties to research and develop new varieties. In contrast, patents on plant-related inventions, as outlined in the TPP, may have few exceptions. This new text constitutes a huge step in the wrong direction, changing the plant IP regimes of many of the negotiating countries to the detriment of their populations, writes Public Citizen.

Special Report: Russia Modernises Its Intellectual Property Law

As of 1 October, major amendments of the Civil Code of the Russian Federation (the RF Civil Code) came into force concluding the most recent and extensive legislative revision since Part I of the Code was adopted in 1994. Changes affected substantive and procedural norms including Part IV codifying provisions on intellectual property rights. This report takes stock of some of the introduced novelties.

Protect Your Ideas – Top Ways To Guard Your Intellectual Property

With the ever-increasing ease in which information can spread, it is becoming harder to secure your intellectual property or product ideas and ensure they are not unfairly recreated or produced by someone else. Whether you are a small start-up or a multinational organisation, taking steps to protect your intellectual property should be a priority within your business.