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The Digital Single Market Strategy: too many (strategic?) omissions
As expected, following the leak of a full draft version   [ here ] , yesterday the EU Commission unveiled its   Digital Single Market Strategy  (DSMS). As EU Commission President, Jean-Claude Juncker, explained last year, this would include what " ambitious...
California’s Resale Royalty Statute Violates the Dormant Commerce Clause—In Part (Guest Blog...
By guest blogger Tyler Ochoa On Tuesday, May 5, an eleven-judge en banc panel of the Ninth Circuit recently held that California’s Resale Royalty Statute, Civil Code § 986 , could not Constitutionally be applied to sales of works of art that occurred outside of California, even if the seller...
United States Hopeful Lisbon Members Will Open Diplomatic Conference To All
During a press briefing today the United States said they still have hope that the 28 members of a World Intellectual Property Organization-administered treaty will let the whole WIPO membership participate in next week's negotiations to amend that treaty. It said that the potential new version...
A Kat visits #INTA15: Wednesday wind-up
Photo commissioned from unknown Convention Center staff member by Okan Çan (Deriş) Wednesday is traditionally the final day of the INTA's marathon Meeting  [on which topic click here , here and here for background and details]  and thus a good time for winding up the...
Virginia Governor Signs Warrant Requirement for Drones, Rejects License Plate Reader Limits
With broad and near-unanimous bipartisan support, the Virginia General Assembly passed a series of bills this year to defend the public’s right to privacy from new mass surveillance technologies. To his credit, Gov. Terry McAuliffe almost immediately signed a bill to require law...
What Every Librarian Needs to Know About HTTPS
Librarians have long understood that to provide access to knowledge it is crucial to protect their patrons' privacy . Books can provide information that is deeply unpopular. As a result, local communities and governments sometimes try to ban the most objectionable ones . Librarians rightly see...
Some Specific Problems With The Proposed Federal Trade Secret Law (Comments From a...
Recently, David Levine guest-blogged a bibliography about a new federal trade secret law . In response to that post, a reader emailed me the following comments (which, as usual, I’m sharing with permission): __ Photo credit: “ 3d rendering of business person presentation of trade secret...
Diverse Groups Stand United Against Plan to Reauthorize Section 215 of the Patriot Act
More than 50 groups sent a letter to Congressional leadership today demanding that they shelve Senate Majority Leader Mitch McConnell and Senate Intelligence Committee Chair Richard Burr's attempt to renew Section 215 of the Patriot Act. Despite nearly two years of...
European Commission Unveils Plans For Digital Single Market
Today, the European Commission released details about its plans to create a Digital Single Market, with a set of actions to be delivered by the end of next year. The plan includes a competition inquiry of the European e-commerce sector launched today, and a commitment to change the...
Wednesday whimsies
Forthcoming events . Composing this week's Wednesday Whimsies from the comfort of his San Diego hotel room while attending the INTA Meeting along with 9,855 of his closest friends, this Kat's thoughts inevitably wander in the direction of events. Which will be the next for him to attend? Will it...
Primer on Global and IP5 Patent Prosecution Highway Pilot Programs
By Donald Zuhn -- Following the implementation of its first Patent Prosecution Highway (PPH) program with the Japan Patent Office (JPO) in 2006, the U.S. Patent and Trademark Office proceeded to establish PPH programs with nearly thirty other patent offices over the next seven...
CJEU refuses to throw España in the works – part II
As discussed in Part I of this two-part series, the Court of Justice of the European Union today dismissed two challenges filed by Spain against the legislative framework put in place to create the European Patent with Unitary Effect (“EPUE”), better known as the Unitary Patent. This...
The PATENT Act: The Senate’s Solid Start to Reforming the Patent System
Will this be the year we pass patent reform? With both houses of Congress finally introducing strong bills to target patent trolls, we sure hope so. EFF supported the House’s Innovation Act through its passage in 2013. Unfortunately, the Senate did not respond with a bill worth fighting for...
The Hidden Cost of JPay's Prison Email Service
JPay, a company that provides digital communications systems to corrections facilities in at least 19 states, is charging inmates and their families an unusual fee to stay in touch: the intellectual property rights to everything sent through its network. The corrections industry is undergoing...
Blogger Isn’t Liable For Anonymous Reader Comments–Mezzacappa v. O’Hare
Bernie O’Hare ran a blog called “Lehigh Valley Ramblings.” I’m focusing on the court’s treatment of four anonymous comments posted in response to O’Hare’s blogging about Tricia Mezzacappa. In general, bloggers aren’t liable for reader comments per Section 230. See generally my...
Q&A With The EU On The Benefits Of Amending The Lisbon Agreement
Next week, the 28 members of the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration administered by the World Intellectual Property Organization are expected to conduct a high-level negotiating meeting to agree on a new Act of the...
BREAKING NEWS: CJEU rejects Spain's objections to the Unitary Patent Package
All Europe has been waiting with eager anticipation the handing down today of the decision of the CJEU in respect of the two challenges by Spain (C-146/13 and C-147/13) to the legality of the Unitary Patent Package.  Well, perhaps more accurately, all Europe is divided into three...
Soc it to ‘em! Judge Vajda on IP, competition and life at the CJEU
Christopher Vajda indicating the number of cases he had to decide last year? Possibly not ... Last Thursday   IPSoc , the society for junior IP professionals, had the pleasure of hosting   Christopher Vajda , the UK judge at the Court of Justice of the European Union...
Google’s Patent Purchase Promotion. Is It Worth It?
Google announced an experiment it says will “remove friction from the patent market and improve the landscape.” The experiment, called the  Patent Purchase Promotion , will run from May 8 through May 22, 2015. In it, the Program offers a way for patent holders to tell Google about...
Burlap Flower Wraps Aren’t Protectable Trade Dress–Farmgirl v. Bloom That
Farmgirl sells flowers in San Francisco. It wraps its flower arrangements in recycled coffee burlap sacks. Here is an example I found on their website : Farmgirl spurred competition from Bloom That, which replicated Farmgirl’s use of recycled coffee burlap sacks as wraps for the...
Details on the Celebration of Dr. Gail Schlachter Hauser’s Life (Cross-Post From Personal Blog)
[My apologies for cross-posting this from my personal blog, but it’s such an important matter to me that I wanted to share it here as well.] Last week, my mom, Dr. Gail Schlachter Hauser, died tragically and unexpectedly . On May 17, 2015, 4-6 pm, we will celebrate her life at Congregation...
A Kat visits #INTA15: Prelude
#INTA15: an artist's impression ... The International Trademark Association (INTA) is holding its 137th Meeting in San Diego this year, deep in the sunny south of California. This event, which the organisers have dubbed #INTA15 for Twitter purposes, is the largest annual gathering of...
Court Report
By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Horizon Pharma Ireland Ltd. et al. v. Lupin Ltd. et al. 1:15-cv-03051; filed April 30, 2015 in the District Court of New Jersey • Plaintiffs: Horizon Pharma Ireland Ltd.; HZNP...
AIPLA Webinar on Freedom to Operate Investigations
The American Intellectual Property Law Association (AIPLA) will be offering a webinar on "Conducting a Freedom to Operate Investigation" on May 5, 2015 from 12:30 - 2:00 pm (Eastern). Les Bookoff of Bookoff McAndrews, ​Susie Jones of Jones Robb, PLLC, and Bill Shaw of Biogen Idec will...
“A bird doesn’t sing because it has an answer": a famous quote and the stamp of (in)authenticity
The IPKat welcomes the following guest post from copyright moral rights enthusiast Mira T. Sundara Rajan ,   Professor of Intellectual Property Law, University of Glasgow, on a fascinating drama in which the principal actors are two literary ladies and, making a relatively rare...
SOPA Lives On For the International Anti-Counterfeiting Coalition
Last week the International Anti-Counterfeiting Coalition (IACC) held their spring conference in San Diego, to share intelligence about the latest strategies for combatting “counterfeiting” (by which they mean trademark infringement) and “piracy” (by which they mean copyright...
Webinar on Navigating Section 112(a)
Strafford will be offering a webinar/teleconference entitled "Navigating Section 112(a) Enablement and Written Description -- Withstanding 112(a) Rejections and Attacks on Patent Validity and Patentability" on June 4, 2015 from 1:00 to 2:30 pm (EDT). Rekha Bansal, Sr. Director of IP...
Webinar on Hedge Fund IPR Challenges to Pharma Patents
Strafford will be offering a webinar/teleconference entitled "Hedge Fund IPR Challenges to Pharma Patents: Strategies to Strengthen Patents to Withstand Attack" on May 28, 2015 from 1:00 to 2:30 pm (EDT). Rekha Bansal, Sr. Director of IP, Principia Biopharma; and Thomas L...
Run a Wi-Fi Network? HBO and Showtime Want You to Police Your Users
Two men are going to fight this weekend, and HBO and Showtime have already thrown the first punch in the legal fight over online streaming of the match. Taking advantage of an increasingly abused loophole in copyright law, they have just won a court order requiring a host of third parties...
How Private DNA Data Led Idaho Cops on a Wild Goose Chase and Linked an Innocent Man to a...
The New Orleans Advocate recently published a shocking story that details the very real threats to privacy and civil liberties posed by law enforcement access to private genetic databases and familial DNA searching. In 1996, a young woman named Angie Dodge was murdered in her...
Congrats on the 10-Year Anniversary YouTube, Now Please Fix Content ID
YouTube is celebrating its 10-year anniversary.   We’re glad YouTube has managed to survive the copyright wars, when so many other services did not. We hope we even helped . So, congratulations YouTube, well done. Wouldn't fixing ContentID be a great way to celebrate it? YouTube has...
Are You Looking To Sell Your Patent To Google?
From 8-22 May, US online search giant Google will open a streamlined portal for patent owners to let Google know about patents they are willing to sell at a price they set.
U.S. Trade Representative Issues 2015 Special 301 Report
By Kevin E. Noonan -- On April 30th, Ambassador Michael B.G. Froman, U.S. Trade Representative (USTR) issued the 2015 Special 301 Report. According to the USTR website, "[m]ade-in-America exports are an essential source of economic growth and well-paying, Middle Class jobs in...
Stupid Patent of the Month: Eclipse IP Casts A Shadow Over Innovation
Imagine you’re on your way to deliver a case of beer to a party. Before you get there, your boss sends you a text: They want 2 cases now . You read the text while driving (don’t do that), so you deliver an extra case when you arrive. Having successfully completed that task, you...
New EFF ‘404’ Report Shows How Draconian Copyright Policies Stifle Online Speech Worldwide
U.S. Trade Regulators’ Criticism of Other Nations’ IP Practices is Flawed, Biased San Francisco – Overly broad intellectual property (IP) laws in Russia, Colombia, and Pakistan—which U.S. trade regulators say aren’t tough enough—stifle access to innovation and threaten artists...
Pharma Offers View On How To Slow Antimicrobial Resistance, Boost Research
the International Federation of Pharmaceutical Manufacturers & Associations (IFPMA) provided its recommendations on how to slow down antimicrobial resistance and boost antibiotic research and development. In addition, the association organised a forum on the...
Chile: Study On Pharma Patents Shows Foreign Ownership
In Chile, pharmaceutical patents are almost exclusively the domain of foreign companies. Only a subset of drugs is protected by patents, while a much larger number of products is protected by trademarks, a study finds, offering for the first time empirical evidence on the use of primary...
Quest Diagnostics and Inserm Launch BRCA Data-Sharing Initiative
By Donald Zuhn -- Last week, diagnostics services provider Quest Diagnostics and Inserm, the French National Institute of Health and Medical Research institution, announced the launch of BRCA Share, a new datashare initiative that will provide scientists and laboratory organizations with open...
EFF Amicus Brief Argues Military Internet Surveillance of Civilians Must Be Excluded From...
For years, with seemingly little to no oversight, the Naval Criminal Investigative Services (NCIS) has been monitoring vast amounts of non-military U.S. Internet traffic and communications, looking for evidence of criminal activity. Last year, the U.S. Court of Appeals for the Ninth Circuit...
Australian Copyright Censorship Bill Could Block VPNs and Circumvention Information
The steamroller that is the copyright enforcement machine continues to trundle along around the world, flattening obstacles such as fair use, privacy and freedom of expression in its path. One of its latest stops has been in Australia, where that country’s copyright site-blocking...
Aaron’s Law Reintroduced: CFAA Didn’t Fix Itself
Aaron’s law, the proposed law named in honor of Internet hero Aaron Swartz was reintroduced  last week by Rep. Zoe Lofgren (D-Calif.) and Senator Wyden (D-Ore.), with new co-sponsor Senator Rand Paul (R-Ky.). This bill is the same as the one introduced in 2013 and we call upon...
Wednesday whimsies
Logos wanted .  Last week the IPKat called for readers' submissions of new logos for the Office for Harmonisation in the Internal Market when it is rebranded as the European Union Intellectual Property Office. The Kat has received some good entries, but not nearly enough...
A Cautious Welcome For South Africa’s Traditional Knowledge Legislation
South Africa’s new indigenous knowledge systems legislation is being cautiously welcomed by commentators, expressing both hopes and concerns. And some are tying it to other intellectual property legislation in the country.
Video Response to John Oliver’s Rant Against Patent Trolls
Last week, John Oliver on his HBO show  Last Week Tonight . During Sunday’s episode, Oliver went after so-called “patent trolls,” companies whose sole mission is to purchase patents covering broad ideas who then sue others for patent infringement. In one part of the...
The tale of Ticketogo, or Does My Bus Look Big in this Licensing Scheme? Part II: the decision
Continued from Part I ... The decision Would Big Bus and Ticketogo be likely parties, should proceedings be commenced?   Yes.  Would the disclosure sought by Big Bus also be subject to Ticketogo's standard disclosure obligations should proceedings be...
Amgen v. Sandoz Update -- Amgen's Continuing Efforts to Obtain Preliminary Injunction
By Andrew Williams -- Amgen is once again seeking a preliminary injunction in the Amgen v. Sandoz case, this time at the Federal Circuit while that Court resolves the issues on appeal from the District Court. Sandoz has only agreed to stay off the market until May 11, 2015...
U.S. Copyright Office Fair Use Index
I can't tell you how many times I've been asked by a client or potential client whether they can include Element X from someone else's game in their own game.  It's a very difficult question to answer.  And no, I still don't have a black box that spits out the correct answer, because there...
EFF Joins With Diverse Coalition to Get Copyright Right
After decades of increasingly draconian statutes and judicial decisions, our copyright system has veered far away from its original purpose. To help get copyright back on track, EFF is joining forces with a variety of groups—including libraries, industry associations, and...
EFF's Updated SSL Configuration
EFF recently updated our SSL certificate and configuration. This gave us an A+ rating on SSL Labs , a great jumping off point for reviewing a site's secure connection. What follows is a quick, technical guide to how we achieved this. Generating a Certificate First we generate an 4096-bit...
Positive Note For WIPO Committee On IP And Development, Some Issues Remain
At the close of the session of the World Intellectual Property Organization Committee on Development and Intellectual Property (CDIP) last week, delegates left on a positive note. Despite not achieving concrete results on several issues, the meeting was described as encouraging by...
EFF Hails Court Ruling Rejecting NSA Bulk Collection of Americans' Phone Records
Appeals Court Decision Should Push Congress to Strengthen Protections Against Mass Surveillance, EFF Says San Francisco - A federal appeals court today ruled that the NSA's bulk collection of phone records is illegal, saying Congress didn't authorize collection of a...
Diplomatic Conference On Inclusion Of GIs In WIPO Treaty Kicks Off Next Week
Geographical indications might gain stronger international protection through the amendment of a 28-member World Intellectual Property Organization-administered treaty protecting appellations of origin. The high-level negotiating meeting taking place next week will consider pending...
Amgen Wins Injunction against Neupogen® Biosimilar Pending Appeal
By Kevin E. Noonan -- The Federal Circuit has granted Amgen’s emergency motion for an injunction against Sandoz, preventing that company from marketing, selling, offering for sale, or importing into the United States its FDA-approved ZARXIO® biosimilar product until [the]...
EU Copyright Review Divisive; French MEP Says UN Expert Lacks Balance
The UN Special Rapporteur in the field of cultural rights, Farida Shaheed, yesterday gave a presentation to the Legal Committee of the European Parliament, which currently is reviewing the EU Copyright Directive.
EFF Filings to Copyright Office Highlight Unintended Consequences of the DMCA
It’s International Day Against DRM , which means folks around the world bring attention to the dangers of the so-called “technical protection measures” embedded in their stuff.   But DRM (which stands for Digital Rights Management) isn’t the whole problem; equally pernicious...
What NOT to name your product...
We get asked... often... what sorts of names are best for your video game.  This post isn't a treatise on how to name your video game.  This post is a poster child for what NOT to name a product.  Never go with a generic or descriptive name.  Despite use of the...
EFF Joins New Global Campaign to Save the Link
For those seeking to censor information online, the weakest link is often precisely that—the humble hyperlink. Censoring or imposing costs or conditions on linking to information can be just as effective, and often easier, than controlling the information at its source. But without the freedom to link...
Phase Out DRM and the Legal Regimes That Support It: International Day Against DRM
Ending the scourge of DRM has long been an important goal for EFF, and the need has only increased in recent years. As the evidence mounts that we're already deep into what EFF Special Consultant Cory Doctorow has dubbed the War On General Purpose Computing , efforts like the...
Dissecting The “Internet Freedom” Agenda
Both radical civil society organizations and mainstream defenders of the status quo agree that the free and open internet is threatened: see for example the Delhi Declaration, Bob Hinden’s 2014 Year End Thoughts, and Kathy Brown’s March 2015 statement at a UNESCO...
A Kat visits #INTA15: Tuesday tribulations
Life can be fun at the annual International Trademark Association (INTA) Meeting , but it can also be tough.  Monday night's formalities closed with the end of the Meet the Bloggers reception at shortly after 23.10 pm.  Thereafter, a brisk walk took this Kat back to his...
Amgen Wins Temporary Injunction Against Sandoz in Landmark Biosimilars Case
Amgen v. Sandoz , No. 15-1499 (Fed. Cir. May 5, 2015)     by Aaron F. Barkoff In a per curium   Order today, the Federal Circuit granted Amgen's Emergency Motion for an Injunction Pending Appeal, stalling, at least temporarily, Sandoz's commercial launch of Zarxio, a biosimilar...
EU Trade Commissioner New Paper On Investor-State Disputes In TTIP
EU Trade Commissioner Cecilia Malmström published a concept paper on investor-state dispute settlement (ISDS) mechanisms to be included in the Trans-Atlantic Trade and Investment Partnership (TTIP).
EU High Court Rejects Spain’s Challenge To Unitary Patent
The Court of Justice of the European Union (CJEU) has announced it has dismissed challenges by Spain against the European Union unitary patent package, ostensibly clearing the way for an EU patent to go into effect next year.
U.S. Patent No. 6,843,726: Game system
U.S. Patent No. 6,843,726: Game system Issued Jan. 18, 2005, to Konami Summary: The ‘726 patent describes a game system in which a player uses a voice input device (ex. a microphone) to give commands which are followed on the screen. The user gives vocal commands based on...
CJEU refuses to throw España in the works – part I
As reported by fellow Kat Darren this morning, the CJEU has rejected both of Spain’s challenges to the legality of the Unitary Patent Package. This post will summarise the first of these decisions, C-146/13 , which requested the annulment of Regulation 1257/2012 based on seven...
WIPO Members Demand Full Participation In GI Negotiations At WIPO
As the World Intellectual Property Organization prepares to host high-level negotiations next week to amend an agreement protecting appellations of origins to include geographical indications, a number of WIPO member states are asking that the whole WIPO membership be...
The Skype's the limit: Sky ousts rival brand
The Court of Justice of the European Union gave judgment today in Cases T-423/12 , T-183/13 and T-184/13   Skype Ultd v OHIM . These decisions, which were not yet available online when this Kat last clicked their links but which soon should be, have been handily summarised by...
A Kat visits #INTA15: Monday's mewsings
Being a creature of habit, this Kat knows pretty well each year what his game plan is for the Monday of the International Trademark Association (INTA) Annual Meeting . He starts the day by wandering off to the Convention Center's vast hospitality area, where he picks up a coffee...
Important Drug Discoveries in Medicine
Aris Grigoriou of Study Medicine Europe Ltd. has created an infographic that describes several important drug discoveries.
A New Chapter in the Fight for Civil Liberties
This article appeared in EFFector , EFF's almost-weekly newsletter about cutting-edge tech policy issues. Subscribe by entering your email address in the box on the right-hand column of this page. In 1993, EFF founder John Gilmore approached me with an unusual proposition: he asked if I...
Paraguay: La Lucha Contra El Proyecto de Retención de Datos Continúa en el Senado
Tras el rechazo unánime en la Cámara de Diputados al proyecto de ley que pretende que compañías de telefonía e internet almacenen durante 12 meses los metadatos de todos los usuarios, la iniciativa volvió a los Senadores, quienes están de acuerdo con la desproporcional e...
Never too late: if you missed the IPKat last week ...
The 44th weekly listing  of the previous week's Katposts coincides with a public holiday in the IPKat's native England but, on the IP blogosphere, the Kats are working tirelessly once again to make sure that their readers are kept fully informed.  After all, "holiday...
Conference & CLE Calendar
May 5, 2015 - "Conducting a Freedom to Operate Investigation" (American Intellectual Property Law Association) - 12:30 - 2:00 pm (Eastern) May 12, 2015 - "Patent Prosecution: Leveraging Declarations to Strengthen Patents Against Post-Grant Proceedings" (Strafford) - 1:00...
Q4 2014 & Q1 2015 Quick Links Part 8 (Copyright, Media)
Photo credit: 3D Quick Link Crossword // ShutterStock Copyright * Comments on Blurrred Lines jury verdict. NY Times . Raustiala & Sprigman . The defense attorney . Tim Wu . Eriq Gardner .  Wendy Gordon . Judith Finell musicologist’s expert report .  NY Times : “Owing to the...
Green around the gills? Political party seeks to roll copyright back by three centuries
As the UK's General Election draws closer, it has to be conceded that intellectual property has again largely avoided the limelight in the endless arguments between the contending political parties and their candidates as to what's best for the economy, the country, mankind and...
PLI Fundamentals of Patent Prosecution Seminar
Practising Law Institute (PLI) will be holding its Fundamentals of Patent Prosecution 2015: A Boot Camp for Claim Drafting & Amendment Writing seminar on May 12-14, 2015 in Chicago, IL, on June 15-17, 2015 in New York, NY, and on July 8-10, 2015 in San Francisco, CA...
ACI Biosimilars Conference
American Conference Institute (ACI) will be holding a conference on Biosimilars on June 1-2, 2015 in New York, NY. ACI faculty will help attendees: • FDA's approval of Sandoz's Zarxio biosimilar: Analysis of FDA standards for labeling, biosimilarity, interchangeability, and clinical...
Yesterday's USA Freedom Markup: A Glimpse into the Fight to Reform Section 702
The 2015 version of the USA Freedom Act, HR 2048 / S.1123 passed out of the House Judiciary Committee this week, with a vote of 25 ayes and 2 noes. The Committee did not pass any amendments to the legislation. But the markup discussion revealed a lot about where the House...
Friday Round-Up: Azerbaijan Gets a Patent for National Breakfast
According to Abulfas Garayev, Minister of Culture and Tourism, the Ministry has received a patent for the Azerbaijan breakfast brand . According to the Minister: “The new brand will be introduced in several hotels for the first time during the European Games to be held in Baku this...
Proprietor may be unhappy because BE HAPPY is not a trade mark
The General Court has issued another judgment relating to the controversial issue of promotional statements that may also serve as trade marks in the Joined Cases T-707/13 and T-709/13 , shattering the dreams of happiness of the CTM proprietor Steinbeck GmbH: the Court confirmed the...
Google says "We want your patent. Maybe."
The IPKat recently noticed Google’s latest initiative, which the search giant has alliteratively dubbed the “Patent Purchase Promotion”.This Kat belatedly spotted that Mike Mireles had already covered this over at our sister blog IP Finance , but thought that the initiative by Google might...
Industry Asks For Clarity On LDC Request To Extend TRIPS Pharma Waiver
Least developed countries (LDCs) at the World Trade Organization have requested that a waiver allowing them to not enforce intellectual property rights on pharmaceutical products be extended beyond its deadline of 1 January 2016. The brand pharmaceutical industry this week stated...
The New USA Freedom Act: A Step in the Right Direction, but More Must Be Done
A bipartisan group of congressional leaders has  reintroduced the USA Freedom Act. The bill is an attempt to rein in the intelligence community's " Collect It All " strategy, and passing USA Freedom is a first, small step in the right direction. However, it has serious faults that should be...
Error: Copyright Balance Not Found in United States' Special 301 Report
The United States Trade Representative (USTR) has released its Special 301 Report for 2015 today, and true to form, it is another one-sided and harmful missive to the rest of the world that names and shames countries for not mirroring, or even exceeding, the United States’ restrictive...
Cryptography and Privacy Enthusiasts Join Together for CryptoRave 2015 in São Paulo
Official picture of CryptoRave 2015, with organizers, activists, and guests. (Actantes) “From the war on terror to cyberwars.” Inspired by various cryptography events around the world, this was the motto for CryptoRave 2015. The event provided over 35 activities to the public in São...
How the EPO's sick leave policy stacks up internationally
In a post earlier this week on the continuing unrest at the EPO, Merpel mused on whether the EPO’s proposals to reform sick leave and long term invalidity policies were really so very different to the policies applying in other intergovernmental bodies and IP offices in Europe. Here's...
BREAKING NEWS - EPO consults on proposed structural reform of Boards of Appeal
Merpel has just noticed that today the European Patent Office has published on its website an on-line consultation on the proposals for the reform of the administration and structure of the Boards of Appeal.  As reported by the IPKAt ( here , here and here ) the proposals, put by the...
The Senate Gets Serious About Patent Reform with PATENT Act
A bipartisan group of senators introduced the PATENT Act today—the latest reform bill to take on patent trolls. Authored by Sens. Grassley, Leahy, Cornyn, Schumer, Lee, Hatch, and Klobuchar, the "Protecting American Talent and Entrepreneurship Act of 2015" is an important step toward...
Help Free PACER in San Francisco and New York This Friday
There may be nobody more committed to ensuring that the people have access to the law than rogue archivist, EFF client, and 2009 Pioneer Award winner Carl Malamud. This Friday, his latest campaign to free PACER culminates in a "polling place" at the Internet Archive in San Francisco...
Philanthropies And Expression: An Interview With Ford Foundation President Darren Walker
Darren Walker is president of the Ford Foundation, one of the largest and historically most influential private philanthropies in the United States, dedicated to human welfare worldwide. Among its areas of focus are programs on freedom of expression and internet rights, extremely...
Help EFF Defend the Right to Tinker With Your Car
Vehicle manufacturers like General Motors and John Deere are citing a particularly strange and onerous provision in copyright law to claim that you need permission to tinker with, repair, and innovate around your own car. According to them, you may own the parts, but you don’t own your...
WHO: Too Few Countries Fighting Antimicrobial Resistance; Global Action Plan Advocates...
The World Health Organization released a report today on countries’ response to the global declining effect of antibiotics on bacteria and microbes, heightened by overuse or misuse of those products. Next month the World Health Assembly will consider a draft global action plan to...
World Intellectual Property Day: report of the IPAN event and a proposal for a centralised recordal...
The Directors of IPAN with Francis Gurry Readers of this blog who are on Twitter and other social media can probably not possibly have failed to know that, ever faithful, World Intellectual Property Day turned up again as usual this year on 26 April.  This being a Sunday, some...
The tale of Ticketogo, or Does My Bus Look Big in Licensing Scheme? Part II: the decision
Continued from Part I ... The decision Would Big Bus and Ticketogo be likely parties, should proceedings be commenced?   Yes.  Would the disclosure sought by Big Bus also be subject to Ticketogo's standard disclosure obligations should proceedings be...
The tale of Ticketogo, or Does My Bus Look Big in this Licensing Scheme? Part I: the issues
Over the past few weeks this tired, overworked moggy has been finding solace  in the litigation-laced narratives of Patents Court decisions from England and Wales.  Could anything be more restorative of a flagging spirit than pages (and pages) of Arnoldian dicta...
Popcorn Time: a blocking order like any other? Birss J's decision in the post-Svensson debate
Yesterday Birss J made yet another order pursuant to s97A of the Copyright, Designs and Patents Act 1988 (CDPA)   [this is the provision by which the UK implemented Article 8(3) of the InfoSoc Directive into its own national law; for earlier cases, see here ]   to block...
El Entusiasmo por la Criptografía y Privacidad, lo Mejor de la CryptoRave 2015
Foto oficial de la CryptoRave 2015, junto con los organizadores, invitados y el público. (Actantes) “De la guerra al terrorismo a la guerra cibernética” fue el lema del CryptoRave 2015 , inspirada en otros eventos de criptografía alrededor del mundo; que según...
EFF To Federal Circuit: Don’t Reward the Patent Troll that Lies in Wait
Suppose you get sued by a patent troll. You then learn that the troll has been sitting on its patent for years without giving you any warning. If you’d known about the risk, you might have been able to design your product differently to avoid infringement. Even worse, when you try to prove that...
U.S. Patent No. 6,935,959: Use of multiple player real-time voice communications on a gaming...
U.S. Patent No. 6,935,959: Use of multiple player real-time voice communications on a gaming device Issued on Aug. 30, 2005, to Microsoft Summary: The ‘959 patent describes a game console capable of communicating with other game consoles over a network connection. Players on the...
Google announces patent purchase program during May 2015
Today Google announced a new initiative to try and keep patents out of the hands of patent trolls, entities whose only business is amassing intellectual property and filing lawsuits. Google is calling this new effort the Patent Purchase Promotion. Google is basically asking patent...
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