Category IP Law

Restoration Of French Philosopher’s Work Online In Argentina Seen As An Opening

An Argentinean judge’s recent decision to drop charges against a philosophy professor for alleged copyright infringement is being seen as a stepping stone to drawing attention to copyright issues in Latin America, according to advocates.
Professor Horacio Potel created open source websites to post foreign philosophers’ work in Spanish. The websites were named “Nietzsche in Spanish,” “Heidegger in Spanish,” and “Derrida in Spanish.”

EU Patent Regime Approved: Includes EU Patents Court, EU Patent, Coordination

European Union governments have unanimously approved a roadmap for a single European patent regime. The system is seen as key to making patenting less expensive and more efficient for European inventors, but the devil, as always, is in the details, stakeholders say.

False Metaphors And Sinking Ships: Patry On Copyright In Geneva

“In international law we like metaphors,” said William Patry, Senior Copyright Counsel at Google and author of the recent book Moral Panics and the Copyright Wars. One of the most pervasive of these is “a rising tide lifts all boats,” a metaphor whose danger lies in appearing logical. But making theory into copyright policy will benefit neither content creators nor those interested in preserving access to knowledge, he said.

Bilski Decision Likely To Narrow Patentable Subject Matter In US, Panel Says

For years, the United States has taken an expansive position on the types of inventions that are patentable. Software, medical tests, and business methods - for example - have all been granted patents. But that is likely to change when the US Supreme Court hands down its decision in Bilski v. Kappos, according to most members of a 19 November panel, Patentable Subject Matter After the Bilski Oral Argument, hosted by American University Law School and the Federal Circuit Bar Association.

Brazil Issues Retaliation List Of US Products; IP-Protected Items In Next Round

Brazil has announced the list of 222 American products that could suffer retaliation with tariff rates of more than 100 percent of the value when imported to Brazil. The list could be followed by another including potentially hundreds of millions of dollars in non-tariff items related to intellectual property rights such as lower-priced patented pharmaceuticals.

Challenge To GlennBeck​RapedAnd​Murdered​AYoungGirl​In1990.com Loses WIPO Dispute

Conservative US radio talk show host Glenn Beck, known for bad-mouthing others on radio and opposition television station Fox News, has lost a case at the World Intellectual Property Organization trying to force the takedown of website parodying him, www.GlennBeckRapedAndMurderedAYoungGirlIn1990.com.

US Groups Duel Over Access To ACTA Negotiation

During the most recent negotiations on the Anti-Counterfeiting Trade Agreement (ACTA) in Seoul, Korea on 4-6 November, about which no information is available, US industry and public interest groups issued statements taking widely divergent positions on progress of the talks.

WTO To Extend Moratorium On Non-Violation Cases, E-Commerce Taxes

World Trade Organization members reached agreement today to recommend extension of a moratorium on customs duties on electronic commerce, and a moratorium on challenging other WTO members under intellectual property rules for actions not in violation of the WTO, according to a WTO official.

Bilski Impact On Biotech Seen As Minimal; Experts See Court Shift

The intellectual property community is anxiously awaiting the United States Supreme Court’s reaction next month in the closely watched Bilski v. Kappos case, a legal feud over the validity of a patent covering a method of commodities trading.

The outcome of the case could have broad implications for the patentability of business methods and software, which could potentially wallop the technology industry. It likely will have less impact in the biotechnology arena, experts said at the Biotechnology Industry Organization’s Intellectual Property Counsels Committee conference in Washington on Tuesday.

US Federal Circuit May Offer Patent, Tech Policy Guidance For High Court

WASHINGTON, DC - The United States Federal Circuit Court of Appeals should act more like a teacher to the Supreme Court and do a better job explaining its policy reasoning when it makes decisions on innovation-related cases, a top patent law academic said late Tuesday. If the Federal Circuit was clearer in how it landed at certain conclusions in patent disputes it might result in the Supreme Court opting to get involved in fewer patent cases, said Rochelle Dreyfuss, a professor at New York University School of Law.