Original news and analysis on international IP policy
Despite last month’s United States Supreme Court decision on a case involving Myriad Genetics, which struck down some of Myriad’s patents related to human genes, Myriad has filed infringement suits against two companies that had announced they would begin offering lower-cost tests for the breast cancer genes in question.
In an obvious effort to push back against claims about a continued lack of transparency in free trade agreement negotiations, the European Commission has published a number of initial documents on the Transatlantic Trade and Investment Partnership (TTIP) with the United States.
Church leaders, gun ownership advocates and other rights activists came together today to file a lawsuit against the US National Security Agency (NSA), declaring its surveillance programme unconstitutional. The broad coalition of plantiffs is represented by the Electronic Frontier Foundation (EFF).
Several United States-based advertising networks today announced a set of best practices to address online infringement by reducing ad revenue to websites engaged in piracy and counterfeiting.
The authors write: "The US Patent and Trademark Office recently introduced a discounted “micro entity” rate on official fees for qualifying universities. Unfortunately, recent changes in the USPTO’s rules on applicants and powers of attorney hinders a qualifying university from benefiting from the micro entity discount. Here, we explain how the rules on micro entity status, applicants, and powers of attorney conflict with each other and offer suggestions for taking advantage of the micro entity discount without running afoul of the rule changes."
A subcommittee of the United States House of Representatives Energy and Commerce Committee today heard arguments for and against greater chemical regulation and trade secret protection in its review of the Toxic Substances Control Act (TSCA). The hearing also examined the Environmental Protection Agency (EPA)'s role in regulation.
Setting general private copying levies on the first sale of blank media such as CDs and DVDs does not necessarily breach EU law, Europe's highest court said on 11 July. The law does not allow the levy to be collected where the intended use of the recording media clearly isn't for making private copies. But it doesn't bar a general levy system that includes the option of reimbursement where the intended use is not private copying, the European Court of Justice (ECJ) said.
The Swiss Privacy Foundation (Digitale Gesellschaft) is pushing for legal charges to be pressed against foreign intelligence services violating Swiss law following the revelations of former National Security Agency (NSA) employee and whistleblower Edward Snowden. At the same time, a US judge ruled today that a case against the NSA by the Electronic Frontier Foundation can proceed. And the European Union raised the issue in Washington this week, while Brazil has opened an investigation of US spying in that country.
Prof. Owen Dean writes: Warner/Chappel Music, a music publishing company in the United States of America, claims and exerts copyright in the ubiquitous song “Happy Birthday to You”. It requires that royalty payments should be made to it each and every time this song is sung or used in public. This is a startling proposition as most people probably assume that the song is in the public domain and is free for use by all. An American documentary film maker agrees and is objecting to having to pay royalties to include the song in a film. It has consequently commenced legal proceedings before the US court seeking a declaration that the song is out of copyright and in the public domain. These court proceeding are currently attracting attention world-wide due to their somewhat bizarre nature. Meanwhile, under a bill in South Africa, celebrants of birthdays who do not obtain the necessary licence for singing “Happy Birthday” may in future bring the full wrath of the law down upon themselves through their unlawful conduct. Moreover, this situation could prevail in perpetuity.
The Modern Poland Foundation, a non-profit and access to knowledge advocate, is asking people around the globe to participate in a crowdfunded contest that poses the question: What should a good copyright system look like?
The European Commission has prepared a draft regulation to implement an international protocol to prevent biopiracy, leading two non-governmental organisations to publish an opinion piece voicing concerns about it. The European Parliament is scheduled to review the draft on 4 July. A key concern is whether it would cover non-European genetic resources already in European collections.
The German Parliament on 27-28 June passed several changes to German copyright law and introduced limits and a financial cap on how much lawyers can charge for notices against file-sharers.