Category North America

The Great Firewall of China: When Does Online Censorship Violate WTO Rules?

China’s government says it is acting in the best interests of its citizens. It is regulating the internet in order to protect its people from pornography and other objectionable content. Critics, however, assert that China is guilty of wide-ranging censorship, drastically limiting what mainland residents can see, hear and say online. Moreover, according to a growing chorus, this online censorship violates World Trade Organization rules.

Review Of US Digital Millennium Copyright Act Brings New Exemptions

The United States Copyright Office this week completed its statutorily required review of the landmark Digital Millennium Copyright Act (DMCA). Included in the ruling were three major exemptions: a renewal on the exemption for cell-phone unlocking, a new exemption for the jailbreaking of smart phones technology, and the use of visual media clips for transformative, non-commercial works. The ruling has resulted in a flood of optimism from a wide variety of non-governmental groups.

US Rightsholders Seek Narrower Scope Of ACTA, Clarity On Trademark Infringement Vs. Counterfeiting

Many of the 11 negotiating partners of the Anti-Counterfeiting Trade Agreement (ACTA) for years have underlined that the new anti-counterfeiting and anti-piracy agreement will not change their national laws, with the United States and the European Union especially firm on this point. Yet the Washington, DC-based Intellectual Property Owners' Association (IPO) in a recent letter, here,
to the US Trade Representative stated concern that ACTA “potentially change(s) United States law by transforming what are the commonly occurring non-counterfeit-types of civil action infringements into activity that is to be punished under federal criminal law.”

Comparative Analysis Shows US Patent Office Scores Poorly On Patent Quality

Quality across patent systems has been understudied but a new methodology put forward by the former chief economist of the European Patent Office suggests that the EPO provides higher quality services than its United States and Japan counterparts. Efforts at collaborative work between patent offices are being made but mutual recognition might not be possible or desirable without some harmonisation in the way the different systems operate.

The Biosimilars Pathway: An Invitation To Litigation

Lynn C. Tyler writes: The litigation provisions of the recently-enacted legislation establishing a pathway to bring biosimilars to market contain “patent” ambiguities in key areas, particularly whether the various lists of patents to be litigated are exclusive. Courts will have to resolve these issues over the next several years, likely at great (and unnecessary) expense and uncertainty to litigants.

Google May Face New Scrutiny For Privacy Violations In Switzerland

Legally speaking, there is "little doubt" that Google's collection of WiFi data by its roving Street View vehicles violates the Swiss Data Protection Act, and the company is likely to come under new scrutiny in Switzerland possibly even resulting in "severe financial consequences," a respected Swiss law firm has said.

US, China Weaving Closer Trade and IP Cooperation; Focus On Innovation

The United States and China are strengthening their relationship on innovation and intellectual property rights as the global economy is slowly taking an upward turn. Those may come as signs of positive collaboration on the delicate issue of IP rights in the face of ongoing questions by US industry and government about the impact of China’s IP rights infringement on American jobs.