Category North America

US NAFTA Negotiating Objectives For IP? Go Big On Digital IP Protection, Fend Off GIs

The Office of the United States Trade Representative (USTR) has issued a set of negotiating objectives for renegotiating the 1994 North American Free Trade Agreement (NAFTA) that include its hopes for elevating intellectual property in the trade deal. Included in the list: force Canada and Mexico to ratify international treaties, accept US law on IP protection and create conditions for "strong" IP enforcement especially online, and ensure ample protection for products with generic names. Perhaps oddly, there is only one mention of trade, which includes respect for a 2001 text at the World Trade Organization on IP and public health.

US Copyright Office: Re-Registration Required For Claiming Liability Exemptions

The United States Copyright Office has issued a reminder to all online service providers and agents that they must renew their registration with the office by end of year in order to claim liability limitations from copyright infringing content.

Infojustice – US, Canadian & Mexican Law Professors, Academics And Policy Experts: NAFTA Must Include Fair Use, Safe Harbors

WASHINGTON – Today, over seventy international copyright law experts called for NAFTA and other trade negotiators to support a set of balanced copyright principles. The experts urge trade negotiators to support policies like fair use, safe harbor provisions, and other exceptions and limitations that permit and encourage access to knowledge, flourishing creativity, and innovation. Signatories include preeminent intellectual property professors and experts from law schools, think tanks, and public interest organizations in the U.S., Canada, and Mexico, as well as Argentina, Australia, China, Ireland, and Switzerland.

Special Report: A Look Behind Hepatitis C Patent Challenges Worldwide

A case at the High Court in India set for 15 December could decide whether a patent on some of the most important drugs to fight hepatitis C should be removed. It is one of many attempts to challenge patents on hepatitis C drugs in various countries around the world and serves as an opportunity to learn more about the group leading the legal case.

USPTO’s Revised Patent Fee Schedule Raises Price Of IPR Process

The United States Patent and Trademark Office (USPTO) today issued changes to some patent fees, including increases in certain areas, including the cost of using the inter partes review process. Following feedback from users, the office went with some proposed increases, while keeping others at existing levels despite proposals to increase them, it said.

US Congress Members Signal Move To Block Allergan Patent Deal With Tribe

Members of a US congressional subcommittee on intellectual property held a hearing last week that appeared aimed at finding ways to stop companies from “renting” the sovereignty of Native American tribes in order to avoid a process that can lead to the invalidation of patents. Elected officials called a deal between Allergan pharmaceutical company and a northeastern tribe a “sham” and a “mockery”, and signalled the start of the legislative procedure to prevent such deals.

Next Global Congress On IP And The Public Interest

American University Washington College of Law (AUWCL) Program on Information Justice and Intellectual Property has announced the hosting of Fifth Global Congress on Intellectual Property and the Public Interest, from 27-29 September 2018. And it is now actively seeking sponsors, partners and expressions of interest.

Custom Built Software And The IP Law – What You Need To Know

The practice of building custom software is alive and well despite the emergence of tons of ready to use offline and online business apps. Businesses build custom software for various reasons. Some are unsatisfied by solutions available on the market, others need very specific features or overall functionality, security and privacy concerns are another major driver of tailored software development. The process of building custom software involves five basic stages, if you stick to traditional software development workflow, or an indefinite number of iterations under agile development method. Both approaches, however, include various scenarios in which intellectual property rights are involved, writes Jorge Sagastume.

The User Rights Database: Measuring The Impact Of Copyright Balance

PIJIP’s Copyright User Rights Database tracks changes to copyright user rights (aka limitations and exceptions) over time in a sample of 21 countries of different development levels. The data assesses the degree to which other countries have adopted exceptions that are as open as the US fair use right – i.e. open to a use of any kind of work, by any kind of user and for any purpose. The instrument and results are available at infojustice.org/survey.