Original news and analysis on international IP policy
The German Constitutional Court today ruled in favour of the “freedom to sample” - or freedom to remix - in a case between the singer/songwriter Sabrina Setlur and the band Kraftwerk.
The European Commission today unveiled a raft of strategies aimed at boosting the European Digital Single Market (DSM). Among them, the EC rejected the idea of imposing one-size-fits-all rules on online platforms but said it will consider sector-specific regulation to address specific problems relating to such platforms, including in the area of copyright.
Will the US National Telecommunications and Information Administration (NTIA) be able to handover oversight over the management of the DNS root zone and other core databases of the internet in September? At a hearing of the Senate Commerce Committee in…
Fashion in the US generates over $330 billion in annual revenues, but it is more than a business. Fashion is a well-recognized art, displayed in numerous museum exhibitions throughout the world. This art, however, receives little IP protection in the US. But a case before the US Supreme Court could change that.
The 69th World Health Assembly (WHA) opens today in Geneva, with well over 3,000 participants and a record number of agenda items. For the 12th consecutive year, Intellectual Property Watch has a dedicated team on the ground, bringing you informed, timely reports on the action, on the floor and behind the scenes. Below are some other ways to follow the action as well, including a handy list of Twitter hashtags for the week.
Owais Hassan Shaikh writes: According to the section of US law on Special 301 reports, a country may be considered a priority foreign country even when it is fully compliant with the WTO Agreement on the Trade-Related Aspects of Intellectual Property Rights (TRIPS), the main multilateral agreement on IP rights today. Hence, this legislation and the determinations made in the Special 301 reports prioritize protection of commercial interests of the US nationals.
The recent decision involving Moneyweb and Media24 (Moneyweb (Pty) Limited v Media 24 Limited & Another [2016] ZAGPJHC 81) is an important one for copyright lawyers in South Africa because it is the first time that two provisions relating to news reporting of the Copyright Act 1978 (the Act) have been judicially considered, namely, sections 12(1)(c)(i) and 12(8)(a). In fact, it is the first time that the application of the fair-dealing provision, section 12(1), has received any judicial consideration, whether in the context of news reporting or otherwise.
The United States International Trade Commission (ITC), an independent government agency, today released an 800-page analysis of the economic impact of the Trans-Pacific Partnership (TPP) Agreement completed last year.
It is difficult to understand whether the prospect of a treaty protecting rights of broadcasters is getting nearer or farther away at the World Intellectual Property Organization, as some countries are still calling for a diplomatic conference to finish the treaty, while others are saying agreement on core issues such as what and who the treaty should protect seems elusive. And the committee discussion of copyright exceptions and limitations was nourished by non-governmental entities explaining the need for those exceptions.
The International Chamber of Commerce (ICC) has released a report that examines specialised intellectual property courts around the world.
Legal barriers for Google’s monumental book-scanning project have been removed in the United States, but the initiative remains controversial and would likely run afoul of European [corrected] copyright law, legal experts say.
The Indian government today released its long-awaited new intellectual property policy, and preliminary reactions appear to be that it caters to international pressures while attempting to provide a national focus. A more careful reading with reactions will follow.