Category Enforcement

France To Require Internet Service Providers To Filter Infringing Music

By Dugie Standeford for Intellectual Property Watch
French record labels and Internet service providers (ISPs) have agreed on a ground-breaking plan to fight online music piracy. Among other things, the 23 November memorandum of understanding requires Internet access providers to experiment with filters to block infringing files.

Making ISPs shoulder more responsibility for copyright violations on their networks while leaving intact their immunity from liability for content for which they are "mere conduits" represents a sea-change in the interpretation of the European Union E-Commerce Directive, said attorney Winston Maxwell of Hogan & Hartson.

Internet Service Providers Fear Trend Toward Liability For Content

By Monika Ermert for Intellectual Property Watch
The rising trend of holding Internet service provider (ISPs), host and platform operators liable for third party violations of laws relating to copyright, competition and the protection of minors is of increasing concern to industry associations like the Association of the German Internet Economy, known as Eco.

At Eco's annual meeting in Cologne last week, Malte Gosau, legal counsel for Easynet (a network and hosting operator owned by BSkyB), said: "Recent court decisions push providers to go abroad to start new business models, as they risk being taken to court over third party violations of the law if they provide a commercial platform, a forum, online games or bets."

WTO Panel On Chinese Content Distribution Delayed

By William New The formation of a World Trade Organization panel requested by the United States on China’s distribution of American copyrighted material was delayed this week after a procedural move on an unrelated matter. The US panel request was…

EU Council Agrees Blueprint For Patent Litigation System

By David Cronin for Intellectual Property Watch
European Union governments on Thursday agreed the main components of a patent litigation system that will apply throughout the 27-country bloc.

EU ministers for industrial competitiveness gave their broad approval on 22 November to a blueprint for having a single judicial body to assess legal actions which contest the validity of a patent.

South Korea Urged To Strengthen IP In EU Trade Talks

By David Cronin for Intellectual Property Watch BRUSSELS – South Korea has been urged to strengthen its intellectual property rules in order to sign a free trade agreement with the European Union. Talks are underway between the EU and the…

French Industry Attacks Private Copy Fees As Levy Debate Grows

By Dugie Standeford for Intellectual Property Watch
Makers and distributors of digital storage products and audiovisual media last week urged France's highest administrative court to kill private copy levies on technologies for transferring data such as USB keys, external hard disks and memory cards.

The challenges, filed 9 November in the Conseil d'Etat by e-merchant Rue du Commerce and the Syndicat des Industries de Mat�riels Audiovisuels Electroniques (SIMAVELEC), contend that the lack of harmonised levies among European Union countries violates EU law and hurts online sellers.

The legal action came one day after the European Grouping of Societies of Authors and Composers (GESAC) argued that non-payment of levies should be made a criminal offence.

WIPO Committees Casting About For Future Work

By William New The World Intellectual Property Organization enforcement committee last week heard from a series of intellectual property rights enforcers and others before attempting unsuccessfully to agree on the future work and moving to consultations till February. Meanwhile, separate…