Original news and analysis on international IP policy
Internet users who merely read or view copyright-protected webpages enjoy a temporary copying exception under European Union and United Kingdom law and do not need permission from rights holders, the UK Supreme Court said in a 17 April ruling.
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Prior to 15 April, most experts had expected the United States Supreme Court to rule in Association for Molecular Pathology v. Myriad Genetics that genes cannot be patented. The oral argument on that date strengthened this consensus opinion, but also suggested that the court would issue a narrow decision which would allow many types of gene-related patents. Should this happen, the US would move significantly closer to other countries’ rules for gene patents, but the US would continue to have problems limiting patent rights in order to protect the public interest.
Ahmed Abdel Latif says of the Novartis case: The ruling is also a revealing tale about the changing role of developing countries in the global intellectual property landscape and the growing influence of the judiciary in these countries in the implementation of international intellectual property rules.
European copyright collecting societies are not engaged in a cartel but the European Commission was correct in finding that some of the provisions in their reciprocal representation should be barred, the EU General Court (GC) said in a 12 April ruling. The case, which pits the International Confederation of Societies and Authors (CISAC) and 24 of its members against the EC, could be appealed to the EU Court of Justice (ECJ). CISAC said the decision proves its contention that it was not engaged in a conspiracy to restrict competition, and that it has already done away with the complained-of clauses.
Separately, the ECJ has been asked to tackle several key issues in a German matter involving standards-essential patents encumbered with a fair, reasonable and non-discriminatory (FRAND) licensing agreement.
In a recent decision, Ediciones de la Flor SA c. Fontanarrosa Franco s. Acción Mere Declarativa (File No. 1420/08), the Court of First Instance in Civil and Commercial Matters No. 12 of Rosario, the second largest city in Argentina, ruled that the rights of the community to access unpublished works of a deceased author are superior to the moral rights of one of his heirs to oppose such publication.
Following the Indian Supreme Court decision in Novartis AG v. Union of India, Prof. Frederick Abbott says, "the judgment is well-crafted, with close attention to the facts presented, and appears to take a balanced view of the matters brought before the Court."
New Delhi - On 1 April, in a packed room in India’s Supreme Court, two judges - Justice Aftab Alam and Justice Ranjana Desai - delivered a verdict that has the potential to dramatically change the national and global conversation about patents and patients.
The Second United States Circuit Court of Appeals today determined that online live television broadcasting service Aereo doesn’t violate US copyright law, upholding a lower court ruling. Aereo is a cloud computing-based service in New York City.
The Indian fair trade regulator has dismissed a complaint against biopharmaceutical company Gilead Sciences that alleged the company engaged in anti-competitive activities in the licensing of its anti-HIV drugs, according to the SpicyIP blog.
It was another record year in 2012 for cybersquatting cases filed at the World Intellectual Property Organization Arbitration and Mediation Centre. In addition, WIPO announced results of a survey that show that its mediation services could benefit parties in technology-related disputes.
European Commission plans to update Europe's trademark system are generally good news for mark owners, a member of European brand owners' association MARQUES has said.