Category IP Law

Happy Birthday To You, Copyrighted

Prof. Owen Dean writes: Warner/Chappel Music, a music publishing company in the United States of America, claims and exerts copyright in the ubiquitous song “Happy Birthday to You”. It requires that royalty payments should be made to it each and every time this song is sung or used in public. This is a startling proposition as most people probably assume that the song is in the public domain and is free for use by all. An American documentary film maker agrees and is objecting to having to pay royalties to include the song in a film. It has consequently commenced legal proceedings before the US court seeking a declaration that the song is out of copyright and in the public domain. These court proceeding are currently attracting attention world-wide due to their somewhat bizarre nature. Meanwhile, under a bill in South Africa, celebrants of birthdays who do not obtain the necessary licence for singing “Happy Birthday” may in future bring the full wrath of the law down upon themselves through their unlawful conduct. Moreover, this situation could prevail in perpetuity.

US Supreme Court Rules On Pharma Payments To Delay Generic Drugs On Market

The United States Supreme Court in a five to three decision today found that settlement agreements by branded pharmaceutical companies involving payments to generic companies to delay their cheaper drugs' entry into the market may not be immune from antitrust scrutiny but are not "presumptively" unlawful. The case was sent back to lower court.

US Supreme Court Restricts Gene Patents … A Little

Last Thursday, the United States Supreme Court overturned more than 30 years of precedents and ruled that isolated genes cannot be patented. They are products of nature and thus not patent-eligible subject matter, the court unanimously held in Assoc. for Molecular Pathology v. Myriad Genetics, Inc. This ruling puts the US at odds with most other nations, which allow genes to be patented. But because other major nations grant narrower gene patents, the net effect of Myriad will be to shift the US position on gene patents closer to that of other nations.

Poland’s Minister Of Culture Calls For Intellectu​al Property Courts

Poland’s Minister of Culture and National Heritage Bogdan Zdrojewski has called on the country’s Ministry of Justice to create and integrate intellectual property courts into the country’s legal system. Under the plan, the new entities would become departments of regular courts, and they would be solely responsible for handling cases involving intellectual property, including disputes related to authors’ rights, trademarks and patents.