Category Europe

Internet Service Providers Fear Trend Toward Liability For Content

By Monika Ermert for Intellectual Property Watch
The rising trend of holding Internet service provider (ISPs), host and platform operators liable for third party violations of laws relating to copyright, competition and the protection of minors is of increasing concern to industry associations like the Association of the German Internet Economy, known as Eco.

At Eco's annual meeting in Cologne last week, Malte Gosau, legal counsel for Easynet (a network and hosting operator owned by BSkyB), said: "Recent court decisions push providers to go abroad to start new business models, as they risk being taken to court over third party violations of the law if they provide a commercial platform, a forum, online games or bets."

EU Council Agrees Blueprint For Patent Litigation System

By David Cronin for Intellectual Property Watch
European Union governments on Thursday agreed the main components of a patent litigation system that will apply throughout the 27-country bloc.

EU ministers for industrial competitiveness gave their broad approval on 22 November to a blueprint for having a single judicial body to assess legal actions which contest the validity of a patent.

French Industry Attacks Private Copy Fees As Levy Debate Grows

By Dugie Standeford for Intellectual Property Watch
Makers and distributors of digital storage products and audiovisual media last week urged France's highest administrative court to kill private copy levies on technologies for transferring data such as USB keys, external hard disks and memory cards.

The challenges, filed 9 November in the Conseil d'Etat by e-merchant Rue du Commerce and the Syndicat des Industries de Mat�riels Audiovisuels Electroniques (SIMAVELEC), contend that the lack of harmonised levies among European Union countries violates EU law and hurts online sellers.

The legal action came one day after the European Grouping of Societies of Authors and Composers (GESAC) argued that non-payment of levies should be made a criminal offence.

New USPTO Rules Blocked; EU Views New Patent Litigation Proposal

By Dugie Standeford for Intellectual Property Watch
A US federal court in Virginia has temporarily blocked the US Patent and Trademark Office (USPTO) from implementing controversial new rules governing patent application continuations. The rules, set to come into effect on 1 November, sparked strong opposition from many patent attorneys who argued that capping the number of patent claims and continuing applications would harm inventors seeking to protect intellectual property rights in the fast-moving high-technology sector (IPW, Patent Policy, 10 September 2007).

Separately, Portugal, which holds the EU presidency, floated a revised proposal for a European patent litigation system. The draft, although seen by critics as much improved over earlier versions, leaves several key issues unresolved, said Kevin Mooney, a UK attorney with Simmons & Simmons and president of the European Patent Lawyers Association (EPLAW).

New Models Emerge For European Copyright Licensing System

By Dugie Standeford for Intellectual Property Watch
The European system for licensing copyrighted music is in "huge confusion" following the rejection by content users and smaller collecting societies of a proposed model contract for collective management of music on cable, satellite and the Internet, Thierry Desurmont, vice president of the board of France's Societe des Auteurs, Compositeurs et Editeurs de Musique, said this week.

Desurmont spoke along with others at a 22 October Chatham House/International Institute of Communications conference on trends in global communications in London.

Top Economies To Negotiate Anti-Counterfeiting Trade Pact

By Liza Porteus Viana for Intellectual Property Watch The United States, European Union and other key trading partners on Tuesday announced their intention to negotiate an Anti-Counterfeiting Trade Agreement (ACTA) to encourage other countries to meet higher intellectual property rights…