Original news and analysis on international IP policy
It’s an unconventional use of copyright law. But if Omega SA wins its case before the US Supreme Court, the famous Swiss watch company will have established a powerful new weapon against grey market goods in that country.
A balancing of the rights of authors and consumers, the re-introduction of a private copying exception, a remixing permission and a new regulatory agency for copyright issues are among the core points the Brazilian Ministry of Culture has planned for the new copyright law. But at the Third Conference on Copyright and the Public Interest in São Paulo a month ago, the Ministry emphasised that the bits and pieces shown to the audience were not from an actual law draft ("anteprojeto") but only a preliminary proposal for formulating such a draft. The bill still has not been published to date. The delay in releasing the bill for public consultation now threatens the work of more than two years on the reform.
Over ninety-five percent of printed works are in formats inaccessible to people with visual impairments, representatives of the visually impaired said last week at the World Intellectual Property Organization. An agreement to allow exceptions in copyright law, they argued, could address this "book famine" by removing copyright restrictions on translation of works into accessible formats and on sharing of these translations across national boundaries.
The European Union appears to be preparing for adoption of the "gold standard" of enforcement, the Anti-Counterfeiting Trade Agreement (ACTA), as intellectual property law expert Annette Kur from the Max Planck Institute of Intellectual Property, Competition and Tax Law said it is now called.
Intellectual property related to geographically-specific products can be harnessed for development purposes, argued panellists at a recent event in Geneva. But there are specific challenges related to using such tools in the developing world that must also be addressed.
The Standards Administration of China patent policy proposal fails to strike the desired balance and undervalues the intellectual property included in a standard. If implemented as worded, it will discourage the contribution of innovative technologies for use in national standards and the participation of patent holders, writes George Willingmyre.
Although the Standardization Administration of China is trying to balance the requirements of society, which include the rights of individuals, owners of IP and institutional investors to invest in innovation by earning a reasonable fair return on their patented products with the right of all members of society to benefit from innovation and new technologies; the balance by all accounts has not been made with its recently proposed legislation, writes Dr Ruth Taplin.
COPENHAGEN - Despite last-minute pep talk by US President Barack Obama, it proved extremely difficult to secure an international climate deal at the high-level meeting in Copenhagen on 18 December. Intellectual property issues were again discussed in a smaller group during one of the last days, but are not mentioned in the final text, which is entitled the “Copenhagen Accord.”
Contracts covering new technologies and intangible assets protected by intellectual property rights, notably through patents, industrial designs or copyright, need to be carefully crafted to establish clear ownership of IP rights, said experts at a recent seminar in Geneva. This is the case for contracts related to research carried out in universities or when companies enter a licensing agreement.
Google's William Patry discusses copyright myths, misleading metaphors, fear of new technologies and outdated business models in a video interview.
Draft chair's conclusions out today show the World Intellectual Property Organization is poised to make paradigm-shifting breakthroughs to expand access to reading materials for the visually impaired. WIPO members this week also are considering the possibility of high-level negotiations on a new treaty for the protection of audiovisual performances.
COPENHAGEN - A third version of the draft text on development and transfer of technology was issued at the high-level climate meeting in Copenhagen on 15 December and includes language on intellectual property rights. It may soon be presented to the ministers as the meeting goes into its “high-level session” during the last crucial days, or at least the IP language may be referred to the ministers to discuss, sources said.