Category Features

Open Source Company Alleges IBM Antitrust; IBM Requests Analysis

Computer giant IBM is facing an antitrust claim before the European Commission brought by an open source software company alleging that IBM is preventing customers from using that software. Meanwhile, the open source community is worried that the use of intellectual property rights by IBM - a leading open source software maker – to block a competitor will endanger free and open source software and might uncap other IP rights claims from other players. IBM, for its part, is reaffirming its support to open source community and has asked the competing company to explain how its software does not infringe on IBM IP rights.

Smooth Criminal Harmonisation — ACTA, EU And IPR Enforcement

Lassi Jyrkkiö writes: Anything one can consider as politically cool from an EU perspective, ACTA (Anti-Counterfeiting Trade Agreement, the multilateral treaty to combat counterfeiting and piracy) negotiations have got it all: the internet, the USA, large potential for media exposure and a hitherto Nixonian element of secrecy balanced by a flow of thrilling documents leaked by generous deep-throats.

ITU In A Converging World — Interview With ITU Strategist Alexander Ntoko

The International Telecommunication Union, based in Geneva, is a 191-member United Nations body. Intellectual Property Watch recently spoke with Alexander Ntoko, a top strategist in the organisation about priorities in this critical year, inclusion of the public interest, and how convergence is bringing more issues related to digital content to the traditional telecom body.

Forest Group Decision Has Led To Great Rise In Patent Marking Lawsuits

The recent Forest Group case decided by the United States Court of Appeals for the Federal Circuit (CAFC) has made it more financially viable for plaintiffs to sue for under the false marking patent statute (35 U.S.C. § 292). However, legislation currently before Congress, as well as another patent marking case to be decided by the CAFC in the near future, Pequignot v. Solo Cup, may level the playing field more towards defendants in such lawsuits.

The US-Cotton Case — The Truth Behind Brazil’s Cross-Retaliation Against US Intellectual Property

In a recent speech at the Export-Import Bank's annual conference, US President Obama said the US Trade Representative will use its "full arsenal" to combat "practices that blatantly harm" US businesses, and that includes "enforcing existing [US] agreements." The question is: will the US comply with its multilateral obligations under the WTO agreement in the US-Brazil cotton case, says Brazilian academic Pedro Paranaguá.