Original news and analysis on international IP policy
The UN World Intellectual Property Organization is centre stage when it comes to international IP policymaking, and has hosted great progress during the past 20 years by all accounts. But apart from updates and modifications to existing treaties, and its 2007 Development Agenda, its members have not managed to complete a major new treaty since 1996. Until now.
United Kingdom communications regulator Ofcom today published three documents on digital copyright infringement, including a draft code requiring large internet service providers (ISPs) to inform customers of allegations that their internet connection has been used to infringe copyright, and consultations on the code and on cost-sharing.
It’s been called a patent war, and it’s raging over much of the globe. In at least ten countries - including the United States, Germany, the Netherlands, Australia and South Korea - Apple is locked in ferocious legal battles against Google, Samsung and HTC over whose smartphones and tablets infringe whose patents.
There’s a lot a stake: Damages could run into billions of dollars. Even worse, the loser could wind up being forbidden to sell its products in various markets.
This costly, high-stakes global patent war may seem unprecedented. But according to many experts, that’s only partly true. In many ways, this patent war is similar to major patent disputes in the past. And it is likely a foretaste of more patent wars in the future.
In an unprecedented move, the European Parliament Committee on International Trade (INTA) today in Brussels passed a report recommending the rejection of the controversial Anti-Counterfeiting Trade Agreement (ACTA). Never before has INTA voted to reject a trade agreement negotiated by the Union.
World Intellectual Property Organization members yesterday resumed a 12-year-old top-level negotiation for a treaty on the protection of performers’ rights in audiovisual productions, this time with the eloquent urgings of some of the world’s top film and television actors to finish the job.
The South African national anthem comprises the works Nkosi Sikelela’ iAfrika and Die Stem, which was formerly the national anthem. Nkosi has passed into the public domain and contrary to various claims cannot be used as the basis for royalty claims arising out of its use. The music of Die Stem is however still under copyright but its ownership has reverted from the State to the heirs of the composer in terms of the reversionary interest provisions of the British Imperial Copyright Act and is thus the subject of private ownership. In principle royalties can be charged in respect of its use as part of the current national anthem.
The World Health Organization has published a paper that explains to policymakers and others how to take measures to protect public health against tobacco while staying within the bounds of international trade and investment law, under intense industry pressure. Key aspects of the report deal with intellectual property rights policy, as it relates to international trade.
The music industry often claims that unauthorised file sharing online is ripping off artists and the economy to the tune of billions of dollars. Although such file-sharing is impacting sales, the losses are grossly overestimated by industry, according to a professor speaking last week at the World Intellectual Property Organization, who also said illegal downloading could prompt untapped markets for complementary products and services.
A World Trade Organization review of China’s trade policy includes assessments of the country’s progress on adopting - and becoming a leader of - the global intellectual property rights system.
All seems to come down to the numbers on the Anti-Counterfeiting Trade Agreement: how many protesters will turn up at the ACTA Action Day in Europe tomorrow and how many members of the European Parliament (EP) will vote for it in plenary on 3 July. Without the EP agreement, ACTA will fail, at least in Europe, observers say.
On the eve of the 9 June Europe-wide protests against the Anti-Counterfeiting Trade Agreement (ACTA), journalist Jennifer Baker of IDG met with Members of the European Parliament (MEPs) Christian Engström (Pirate Party) & Niccolo Rinaldi (ALDE) to discuss the current state of affairs with regard to the ACTA. Watch the video.
Intellectual property enforcement was discussed at yesterday’s session of the World Trade Organization council on IP-related issues in two different contexts, both involving the United States. Cuba complained about the US failure to comply with a 10-year-old ruling on a Cuban rum brand name, and the US added an agenda item on enforcement against counterfeit goods, both of which created some stir.