Original news and analysis on international IP policy
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.
In 2018, the World Intellectual Property Organization and other major international organisations are planning the second international conference on "Respect for IP," referring to raising awareness of and building strategies for enforcement of intellectual property, this time in South Africa.
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.
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.
What IP-Watch stories were readers reading most in 2017, and what does it say about the state of global intellectual property policy? In this article, we look at the most-trafficked stories of last year, and make a few assumptions. Asia, Europe, trade, health. These were the top targets of interest to readers among our offerings. Interestingly, despite all the sound and fury in Washington, our coverage there was not at the top of the list. Even more interestingly, neither was our extensive and world-leading coverage of the World Intellectual Property Organization.
CAPE TOWN, South Africa – “If you want to create a knowledge-based economy and be part of it, be players not observers. There isn’t a stronger backbone than having an understanding of what IP is.” This statement was made by Mmboneni Muofhe, Department of Science and Technology (DST) deputy director general for technology and innovation, at the ninth Intellectual Property Summer School held at the University of the Western Cape (UWC) in December. The meeting brought together students, lawyers, scientists and different professionals drawn from Africa and other parts of the developing world for a ten-day intensive programme in intellectual property.
Current US law extends copyright for 70 years after the date of the author's death, and corporate “works-for-hire” are copyrighted for 95 years after publication. But prior to the 1976 Copyright Act (which became effective in 1978), the maximum copyright term was 56 years—an initial term of 28 years, renewable for another 28 years. Under those laws, works published in 1961 would enter the public domain on January 1, 2018, where they would be “free as the air to common use.” Under current copyright law, we’ll have to wait until 2057.1 And no published works will enter our public domain until 2019. The laws in other countries are different—thousands of works are entering the public domain in Canada and the EU on January 1, writes the Duke University Center for the Study of the Public Domain.
The United States has been a steadfast supporter of the UN-led Internet Governance Forum since its inception over a decade ago, regularly bringing large and high-level delegations to the Forum. The US must have seen the forum as the lesser evil when governments from many continents pounded the desks during the 2005 World Summit on the Information Society (WSIS) conference in Tunis over the US special role in overseeing the Internet Corporation for Assigned Names and Numbers (ICANN) and thereby the heart of the domain name system, the root zone. But IGF 2017, held this week, saw a dramatic change in that regard.
The days of unfettered access to internet content are over, Riana Pfefferkorn of the Stanford Center for Internet and Society told government representatives during a panel dedicated to state interference in encryption, organised by Brazil's registry Nic.br and CGI.br at the 12th Internet Governance Forum this week in Geneva. “Governments have to adapt,” the cryptography researcher said. A concern is, though, that governments will adapt by either lashing out to get backdoors in code, weaken encryption or legalize state hacking.
The globally creeping fear of fake news in the wake of elections resulted in another harsh legislative proposal adopted by the Brazilian “Tribunal Superior Eleitoral” (TSE) earlier this week in Brasilia. The globally creeping fear of fake news in the wake of elections resulted in another harsh legislative proposal adopted by the Brazilian “Tribunal Superior Eleitoral” (TSE) earlier this week in Brasilia. The resolution lays out measures on how content must be removed upon notice in 24 hours by platform providers, a Brazilian activist said during one of the many debates on fake news and potential measures against it at the 12th Internet Governance Forum taking place this week in Geneva.