Category Regional Policy

Year Ahead: Copyright, Unified Patent Court Remain High On EU Priority List

Plans to update European Union copyright rules advanced in 2017 but remain contentious heading into the new year. The proposal for a directive on copyright in the digital single market is the subject of intense debate between the EU Presidency and the European Parliament, with no clear end in sight to the negotiations. Several issues, including a possible “ancillary right” for news publishers and a plan to force online platforms to filter all uploads to combat copyright infringement, remain unresolved.

Other copyright matters, such as a regulation on broadcasting and a review of the EU database directive, are in the works. On the patent side, a pressing question is whether – and when – the EU unified patent and patent court (UPC) might finally launch.

Several EU comprehensive trade agreements, which include provisions on intellectual property rights, are under negotiation.

Cases to watch in the European Court of Justice include a referral from the Netherlands on the issue of whether the taste of cheese can be copyrighted.

Libraries – A Trio Of European Court Rulings

In recent years, the Court of Justice of the European Union (CJEU), Europe’s highest court, has made three important rulings concerning digital library activities in Europe, Vincent Bonnet and Barbara Stratton write on the EIFL blog.

USTR Notorious Markets: Online Ads Still Funding IP Infringement; Alibaba Fires Back About Report

The Office of the United States Trade Representative today released its annual list of the worst outlaw online and physical markets around the world, citing a range of major sources of problems in every part of the world. The list this year highlights new technologies, identifies online advertising as a large revenue source for counterfeiters, and includes Chinese online market Taobao, owned by internet giant Alibaba, for the second year in a row, leading the company to claim bias and politics are at play.

Blockchain-Related Patents On Exponential Rise, Lawyer Says. Targets? China, US, UK

Patent applications related to blockchain technology are rising at exponential rate, according to a presentation given yesterday by a partner at United States law firm Rimon. Inventors are seeking intellectual property protection, bringing challenges into the blockchain ecosystem, such as infringement and patent trolls. He called for industry collaboration on IP, and the possibility of patent pools.

New Local Pharmaceutical Plant Expected To Enhance Access To Drugs In Kenya

Kenya’s pharmaceutical products manufacturing sector is hopeful it will experience significant growth after the Square Pharmaceuticals ltd (SPL) of Bangladesh commissioned a US$ 75 million plant in the East African nation this week. [A reminder: this story, like all of our stories, is completely free for almost every developing country in the world. Just sign up for a free password here!]

Morrison & Foerster’s 2018 Predictions On Intersection Of Technology And Law—From Web Scraping To Blockchain

From the Morrison & Foerster Socially Aware blog: Happy 2018 to our readers! It has become a Socially Aware tradition to start the New Year with some predictions from our editors and contributors. With smart contracts on the horizon, the Internet of Things and cryptocurrencies in the spotlight, and a number of closely watched lawsuits moving toward resolution, 2018 promises to be an exciting year in the world of emerging technology and Internet law.

Japan Patent Office Invalidates The Word Mark “Bord’or” In Relation To Bordeaux Wines

In a decision in an invalidation trial jointly claimed by INSTITUT NATIONAL DE L’ORIGINE ET DE LA QUALITE and CONSEIL INTERPROFESSIONNEL DU VIN DE BORDEAUX, the Invalidation Board of Japan Patent Office (JPO) ordered the invalidation of trademark registration no. 5737079 for a word mark “Bord’or” in script fonts (see below) in violation of Article 4(1)(vii) of the Trademark Law, writes Masaki Mikami.

How International IP Policy Reconfigured National Politics: An Interview With Prof. Ken Shadlen

The recently published book Coalitions and Compliance by Professor Ken Shadlen of the London School of Economics examines how international changes can reconfigure domestic politics. Since the late 1980s, developing countries have been subject to intense pressures regarding intellectual property rights. These pressures have been exceptionally controversial in the area of pharmaceuticals. Historically, fearing the economic and social costs of providing private property rights over knowledge, developing countries did not allow drugs to be patented. Now they must do so, an obligation with significant implications for industrial development and public health. This book analyses different forms of compliance with this new imperative in Latin America, comparing the politics of pharmaceutical patenting in Argentina, Brazil, and Mexico. The book focuses on two periods of patent politics: initial conflicts over how to introduce drug patents, and then subsequent conflicts over how these new patent systems function. Intellectual Property Watch recently conducted a Q&A with Prof. Shadlen, which appears below.

US IP Law – A Look At The Year Ahead

In the coming year, one US Supreme Court case promises to dominate developments in America’s IP law. The upcoming decision in Oil States Energy Services v. Greene’s Energy Group could have major ramifications for patents, copyrights, trademarks, and the USPTO. But even as that case steals the limelight, 2018 could bring other significant changes to America’s IP law. Here are some of the key developments to watch for.

Artificial Intelligence Holds Enticing Promise, Needs Framework, Say OECD, Microsoft, IEEE

As artificial intelligence technology spreads its wings, governance issues are emerging, as are international discussions, including a range of activities planned for 2018. One of the panels of the December Internet Governance Forum in Geneva explored the policy questions, as panellists said artificial intelligence is unabatedly spreading to many areas of our lives with promises of economic growth and benefits, but with few regulations to frame it. Issues include ethics, privacy, biases, and lack of transparency.

Year Ahead: US Music Sector Calls For Major Legislative Changes To Copyright In 2018

The music community is ramping up its efforts to have significant new copyright legislation approved by United States Congress in 2018, amid key changes in the legislative apparatus, with the elevation of Rep. Jerold Nadler (D-New York) as the Ranking Member of the House Judiciary Committee, a pivotal role that puts him at the heart of the US legislative system, and the retirement of the Committee's current Chairman, Bob Goodlatte (R-Virginia), at the end of the year.