Original news and analysis on international IP policy
The United States Supreme Court yesterday issued two rulings that were bad news for patent assertion entities, or "patent trolls". Thanks to these decisions, trolls and other patentees could be on the hook for millions in fees whenever they bring frivolous patent infringement suits.
NEW YORK – The annual Fordham Law School IP Law and Policy Conference held last week offered an intensive two days of in-depth legal issues in intellectual property, with a mix of perspectives from representatives of intergovernmental organisations, governments, courts, industry, and a smattering of public interest advocates.
Can the World Trade Organization’s smallest members use the dispute settlement system effectively? That is a question that seemed to be suggested by the tiny Caribbean nation of Antigua and Barbuda at a WTO Dispute Settlement Body meeting yesterday, in an intellectual property-related case involving a United States gambling ban.
The World Trade Organization Dispute Settlement Body yesterday agreed to establish two more panels in a dispute against Australia's plain packaging for tobacco products, bringing the total to five. And it was agreed that a single panel will be appointed to study the five complaints.
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 Max Planck Institute for Innovation and Competition has launched a Declaration on Patent Protection with the aim to “clarify some of the regulatory options states still retain under international law, in particular the TRIPS Agreement,” which turns 20 years old this year.
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.
European data retention has to be rolled back after a clear judgment of the Grand Chamber of the European Court of Justice in Luxemburg today.
The highest EU Court ruled that the directive which obliges telecommunication providers to collect and store communication traffic and location data for up to 2 years, depending on the implementation in the member states, is invalid.
Google has successfully defended its Google Glass name in an internet domain dispute in Europe, reported by the World Intellectual Property Organization today.
The University of Geneva is launching an Internet l@w summer school which will take place from June 16 to June 27, 2014.
The Internet l@w summer school offers the opportunity to learn and discuss internet law and policies with experts from leading institutions including the Berkman Center for Internet and Society at Harvard University, the Internet Society, the International Telecommunication Union (ITU), the United Nations Commission on International Trade Law (UNCITRAL), the World Economic Forum (WEF), the World Intellectual Property Organization (WIPO), the World Trade Organization (WTO), as well as from other prestigious academic or governmental institutions and global internet companies (eBay and Google).
Topics to be covered include privacy and surveillance, free speech, telecom and internet infrastructure, intellectual property, antitrust, choice of court & choice of law, on-line contracts, consumer protection, legal issues of social media and cloud computing.
The website of the Internet l@w summer school is: www.internetlaw-geneva.ch
Registration deadline: May 15, 2014 (early bird: April 15).
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.