Category Enforcement

WIPO: Protection Of Country Names Inspires Delegates; Designs Conference Elusive

The use of a country name by third party with no association with the country can have a severe impact on a developing country’s economy, according to the governments of Jamaica and Barbados. The two Caribbean nations are asking this week that the World Intellectual Property Organization undertake a study on the protection of country names in the context of the WIPO Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications (SCT).

US And UN Consider New Limits On Patent Wars

The patent wars have produced many casualties around the world. Companies that make and sell smartphones and tablet computers, courts, consumers and the economy - all have suffered, according to many experts.

“I couldn’t come up with a worse system” for handling patent disputes, said Erich Spangenberg, chairman of IP Navigation Group, a consultancy. But significant reforms may be on the way, thanks to the US government and a United Nations agency.

India: Balancing Public And Private Interests In The Intellectual Property Regime

NEW DELHI - In this month, there have been two court orders in India that underscore the complexities underlying the country’s intellectual property regime. Last Friday (14 September), the Chennai-based Intellectual Property Appellate Board (IPAB) which is responsible for hearing appeals on patent applications, rejected a petition by German pharma major Bayer AG, seeking a stay on an order of India’s Controller of Patents granting a compulsory licence (CL) to Indian generic drug maker Natco Pharma Limited, for a drug used to treat liver and kidney cancer.

Internet Providers, Trademarks Owners Need Collaboration And Trust, WIPO Panel Says

The responsibility of internet intermediaries in cases of intellectual property rights infringement has long been debated. Wedged between rights holders and internet users, intermediaries are asked to provide surveillance from the first and to preserve an open internet by the second. An information meeting organised by the World Intellectual Property Organization tried to gather different points of view on the role and responsibility of internet intermediaries in the area of trademarks.

ACTA: Will It Ever Become A Valid International Treaty?

A quiet and little-publicised ratification process might be the last hope for those pushing for international adoption of the Anti-Counterfeiting Trade Agreement (ACTA). But while the Japanese legislature managed to finalise their ratification recently, processes in several ACTA signatory states seem to be stalled. Some may ask whether ACTA will ever become an international treaty.

US Congressional Push For Release Of TPP Text; US Pressuring Nations Bilaterally?

With talks on the controversial Trans-Pacific Partnership (TPP) agreement about to resume, members of Congress are putting pressure on the Obama administration to disclose what it's seeking on intellectual property rights. And civil society groups say that even more worrying than the closed-door nature of the TPP negotiations is the United States' increasing use of bilateral meetings to sway other countries.

NGOs Oppose US Proposal On Copyright For Trans-Pacific Trade Deal

At least a dozen non-governmental groups from several continents have issued a joint statement opposing apparent copyright language proposed by the United States in the ongoing Trans-Pacific Partnership (TPP) agreement negotiations. The groups said the draft language, aimed at curbing copyright infringement, could undermine critical copyright exceptions, which are built into laws in order to protect society's access to public knowledge.

Revolving Door: US Copyright General Counsel Joins Music Industry

Continuing the revolving door tradition between the United States government intellectual property and trade officials and the industries they represent, David Carson, general counsel of the US Copyright Office, will join the top international music industry association in September. Carson will assume a role of influencing policymakers in drafting legislation to protect and promote copyright. His is latest in a series of moves blurring US industry and government lines, and extending to the UN.

Divergent Approaches To Copyright Reform Emerge In Europe

Two very different views of copyright reform emerged this week, one from a report commissioned by the UK government, the other from a French citizens' advocacy group. The former envisions an intricately linked system of digital rights exchanges and databases to streamline copyright licensing, the latter broad, “non-market” sharing of protected works between individuals, among other things. Whether either approach is feasible remains to be seen, and, as always, the devil's in the details, lawyers say.

In The Spirit Of Fair Play: A Primer On IP And The Olympics

Mapping out intellectual property issues related to the Olympic Games may itself constitute an engaging exercise: trademark and design protection of the Olympic indicia; data protection of Games results; personality and publicity rights associated with sports celebrities; character rights subsisting in the Olympic mascots; unfair competition law and other legislative means to address ambush marketing and secure the interests of the Games’ exclusive sponsors. The latter appears essential for the purpose of securing the means for staging the Games and sustaining the Olympic Movement.