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Must All Foreigners Online Comply With US Copyright Law? (Part 2 of 2)

A case now before the DC Circuit Court of Appeals, Spanski Enterprises v. Telewizja Polska, creates a legal dilemma. The court needs to find Telewizja liable for copyright infringement, or else the court will create a roadmap for pirates, enabling them to stream copyrighted works into the US with impunity. But if the court finds Telewizja committed infringement simply because the Polish company put online works that could be accessed in the US, the court will apply US copyright law in an extraterritorial manner that will create problems around the globe.

Global Biotech Industry Tests Policy Waters In Geneva

A delegation of heads of biotechnology companies visited Geneva this month to present the International Confederation of Biotechnology Trade Associations (ICBA). The ICBA was created in 2012, but is now looking to make its voice heard in Geneva and inform policy discussions, and is finding it is not easy to become an observer in some organisations. They also underlined the importance of intellectual property for the biotech sector, in particular to attract indispensable capital. The delegation sat down with Intellectual Property Watch’s Catherine Saez to talk about their Geneva visit.

EU-MERCOSUR FTA Puts At Risk Access To Medicines In Brazil, New Impact Assessment Study Finds

The European Union (EU) is currently negotiating a free trade agreement (FTA) with the four founding members of Mercosur (Argentina, Brazil, Paraguay and Uruguay), which comprises a chapter on intellectual property rights (IPR). A new round of negotiations is taking place from November 29th to December 8th in Brussels[1]. Word is that they aim to announce the closure of the agreement at the next World Trade Organization (WTO) Ministerial Conference that will be held from 10-13 of December in Buenos Aires and the clock is ticking to close all the chapters before that. The authors have conducted a study that shows the adoption of the measures proposed by the EU could put the sustainability of access to health policies in Brazil at risk, as they could sharply increase public expenditures on medicines.

European Commission Announces Guidance On Copyright Enforcement, SEP Licensing

The European Commission today announced plans to ratchet up the fight against counterfeiting and piracy, and to introduce more clarity in licensing standard-essential patents (SEPs). The first involves guidance on the 2004 EU directive on the enforcement of intellectual property rights (IPRED); the second recommendations for making the relationship between patent owners and technology users more “balanced and efficient.”

Must All Foreigners Online Comply With US Copyright Law? (Part 1 of 2)

US copyright law is supposed to apply only within US borders, not to actions done in Poland. But when a company in Poland streamed copyrighted TV shows into the US, that infringed US copyrights, according to a US trial court. This decision will be upheld on appeal, experts widely expect. Such an appellate decision, however, could expand the reach of US copyright law to a problematic extent. It will be tricky to find infringement in this case without also extending US copyright law to any online content posted anywhere on the globe.

INTA Paper On Brexit Calls For Minimal Disruption, Strong IP Protection

The International Trademark Association (INTA) today issued a position paper calling for "minimal disruption" and strong intellectual property rights protection as the negotiations proceed on the departure of the United Kingdom from the European Union, known as Brexit. The paper lists core principles and specific recommendations related to IP for both the UK and the EU.