Category Regional Policy

Keyword Advertising: The Next Instalment In The Interflora v M&S Saga

A few days after the first South African case to consider the issue of internet keyword advertising (Cochrane Steel Products (Pty) Ltd v M-Systems Group (Pty) Ltd & Another Case 39605/13, 29 October 2014), we had the next instalment – from the English Court of Appeal – in the dispute between Interflora and Marks & Spencer (Interflora Inc & Another v Marks & Spencer plc [2014] EWCA Civ 1403). Yes, it is, indeed, not just any dispute concerning keyword advertising. It appears that these two litigants have taken it upon themselves to definitively settle the law relating to keyword advertising, through the various judgments their dispute is yielding.

USTR Froman Presses India On IPR Regime

"Nearly one-third of all Silicon Valley start-ups have an Indian-American co-founder," United States Trade Representative Michael Froman said in remarks on India today. The country of India is also innovating, but it must do more to have and enforce a world-class intellectual property rights regime, he said.

US Courts Recognise New Performers’ Rights

For performers and record labels in the United States, it is terrific news. They possess previously unrecognised rights in audio recordings, according to three recent court rulings. But not everyone is pleased about this. The decisions not only upend 75 years of US copyright law, they create big problems for broadcasters, webcasters and many other internet firms, all of whom now face hefty liability for copyright infringement.

Threats To IP Call For A Risk-Based Approach

By Pamela Passman Economic globalization and digitization of information have revolutionized business and allowed for efficiency that was unimaginable a few decades ago. The ability to share information remotely means companies can coordinate with partners remotely, integrate suppliers, track shipments…

UK High Court Orders ISPs To Block Trademark-Infringing Websites

In what may be a test case for trademark owners battling counterfeiters, the UK High Court has ordered five internet service providers (ISPs) to block websites that were advertising and selling bogus goods. The ruling could have implications beyond Britain, the court said. ISPs, meanwhile, said the best way to handle infringing websites is to remove them at source rather than blocking.

US IP Industry Meeting With Indian Judges A “Ruse”, Activists Say

Public health activists and others have been watching closely in recent months as United States government and industry officials meet steadily and intensively with Indian counterparts to press change in that country's intellectual property policy toward greater protection and recognition of western IP rights. A particular area of concern has been in pharmaceuticals, as India is said to be the world's top supplier of affordable generic versions of drugs under patent that otherwise would be out of reach for millions of poor patients. Several activists have raised alarm over a meeting this week of US IP industry representatives with top judges in India.

Limitations And Exceptions As Key Elements Of The Legal Framework For Copyright In The European Union – Opinion On The Judgment Of The CJEU In Case C-201/13 Deckmyn

In this opinion, the European Copyright Society (ECS) puts on record its views on the issues raised by the Judgment of the Court of Justice of the European Union (CJEU) in Case C-201/13, Deckmyn, which departs from the doctrine of strict interpretation of exceptions and limitations in cases in which fundamental rights such as freedom of expression are involved.

China’s First Intellectual Property Court Makes Its Debut, Two More To Follow

The following is a contributed summary of recent news in China from various sources. The Beijing Intellectual Property Court, China’s first specialised IP court, came into being on 6 November, for which a ceremony unveiling the court’s nameplate was held at the court’s domicile in the capital city’s Haidian District, home to many technology giants and universities.

European Commission Holds Consultation On Patents And Standards

The European Commission Directorate General for Enterprise and Industry is gathering stakeholder input on standardisation and intellectual property rights, in order to assess the current framework on patents and standard and look at how it should evolve. Standard-setting cuts across many organisations at the national, European and international levels. Views are being sought until January 2015.