Original news and analysis on international IP policy
The United States Supreme Court heard oral arguments yesterday in a contentious copyright suit that could affect the continued viability of broadcast television, cable TV, and cloud-storage services like DropBox, Box and Apple’s iCloud. And it is far from clear how the court will rule in American Broadcasting Companies v. Aereo, Inc.
The 9th Circuit’s recent decision in Garcia v. Google has sparked outrage among many internet businesses, media organisations, civil rights groups, and copyright experts. They assert the ruling significantly alters US law in a manner that will greatly restrict free speech. But a minority of experts say there is nothing to fear.
The perhaps underestimated list of goods or services that applicants file with their trademark applications play an essential role in defining the protection the trademark will have.
Registrars use this list to determine if an application should be refused and if it limits a trademark’s exclusive rights. The goods or services listed in an application can also motivate oppositions from competitors with prior rights or cause the future cancellation of the trademark.
A recent trademark case in the European Union calls into attention the need for authorities to establish clear, predictable rules to identify goods and services in trademark systems. Further, the case highlights why it is important for applicants to carefully consider which goods or services they wish to protect and clearly identify them in an application.
When “Innocence of Muslims” first appeared online, the video provoked outrage among millions of Muslims around the world. Now the consternation has spread to many copyright experts, internet firms, news organisations, and entertainment companies, who assert that a recent 9th Circuit decision about the movie makes a major change in US copyright law, with terrible consequences for the internet, media, and free speech. Others state that the ruling makes no change at all in US law.
Just like the draft text on the protection of genetic resources last month, a set of draft articles on the protection of traditional knowledge have cleared a hurdle and will be forwarded to the World Intellectual Property Organization General Assembly next autumn.
This morning, the World Intellectual Property Organization committee on traditional knowledge issued a revised set of draft articles of an international instrument aimed at protecting traditional knowledge against misappropriation.
NEW YORK - “This is a very, very exciting time be in patent law,” Drew Hirshfeld, deputy commissioner for patent examination policy at the US Patent and Trademark Office, told a group of intellectual property lawyers last week.
In his keynote address to the 19-20 March Corporate IP Counsel meeting in Manhattan, Hirshfeld and a range of private sector speakers laid out a picture of a highly dynamic field, with legal and business opportunities and challenges changing every day.
Geographical indications appear in the name of the World Intellectual Property Organization committee on trademarks, but had been neglected there for years, merely appearing on the agenda. Now the issue has actively returned to the committee, seemingly challenging efforts in a parallel working group at WIPO.
World Intellectual Property Organization delegates are trying to find a way out of a dividing line on how to address technical assistance in a potential new treaty on industrial designs. A new non-paper by the chair of the WIPO Standing Committee on the Law of Trademarks, Industrial Designs and Geographical indications (SCT) was released this morning. At stake is the committee's recommendation on the convening of a high level meeting to agree on the treaty.
The European Union Unified Patent Court agreement has not yet been fully ratified but plans are on track to ensure that the judges who staff it are of the highest quality, speakers said at today’s opening ceremony for the judicial training centre in Budapest, Hungary. Future UPC users still have some concerns about the new system, but are giving it a generally good reception, the chairman of the UPC Preparatory Committee said.