Search Results for: copyright

On 3 December 2012, the 15th round of negotiations on the Trans-Pacific Partnership Agreement (TPPA) began in Auckland, Newe Zealand and included, for the first time, eleven negotiating parties with the additions of Canada and Mexico more than a year after these two countries formally asked to join the negotiations. The current negotiating parties now include Australia, Brunei, Canada, Chile, Malaysia, Mexico, New Zealand, Peru, Singapore, the United States, and Vietnam. Rumored interested countries include Japan, Thailand and South Korea. Continue Reading →

On Monday, December 10, 2012, Knowledge Ecology International (KEI) filed an amicus brief in a case before the Supreme Court of the United States involving application of the patent exhaustion doctrine to self-replicating technology. KEI filed in support of the petitioner, urging the Supreme Court to find that the patent exhaustion doctrine does in fact apply to self-replicating technology and that the patent holder’s rights in the present case were exhausted with the sale of the first-generation of the technology, in this case a seed. Continue Reading →

The United States proposal for the TPPA includes many demands that will increase intellectual property rights for rightholders. The leaked text reveals that the United States seeks to introduce numerous measures that go well beyond the requirements of the World Trade Organization (WTO) Agreement on Trade Related Aspects of Intellectual Property (TRIPS), known as TRIPS-plus provisions. Some of the areas of concern include the provisions on intellectual property enforcement. Continue Reading →

On Tuesday, 27 November 2012, KEI filed an amicus brief to the Supreme Court of the United States in the case Ninestar Technology Co., et. al. v. International Trade Commission, et. al., supporting the Petitioners’ petition for writ of certiorari (essentially asking the Supreme Court to agree to hear the case). This case involves the application of the patent exhaustion doctrine (also known as the first sale doctrine), specifically whether the United States applies a system of international exhaustion of rights or national exhaustion of rights. Continue Reading →

Apparently David Kappos will be leaving the USPTO sometime early next year. Today there is much commentary from patent community giving him high marks, and I’m willing to believe there are high marks to give. But he also had some big shortcomings. Here are a few:

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The SCCR has seems to have finished its work on the text for a possible treaty on copyright exceptions for persons who are blind or have other disabilities, and earlier than expected. The new text distributed to delegates is 25 pages long (attached below), and includes several articles with no brackets. There are many differences to be resolved. The question is, will WIPO proceed with a diplomatic conference in 2013? Continue Reading →

Update: (revised version here)

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Yesterday they finished work on the definition of a work. Audiovisual works and related rights are out, ebooks and audio books are in.

ARTICLE A – DEFINITIONS

For the purposes of these provisions

“work”

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Attached below is the November 21, 2012 version of the “REVISED WORKING DOCUMENT ON AN INTERNATIONAL INSTRUMENT ON LIMITATIONS AND EXCEPTIONS FOR VISUALLY IMPAIRED PERSONS/PERSONS WITH PRINT DISABILITIES.”

We are interested in hearing from people on any part of the text (mailto:james.love@keionline.org).

Note that on page 9 that the brackets have been removed on the definition of “authorized entity.”

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This was the first intervention delivered by the United States of America during last week’s discussion at the 10th session of World Intellectual Property Organization’s Committee on Development and Intellectual Property on the item of patent related flexibilities.

US intervention #1 on CDIP/10/11

• The United States would like to express its appreciation to the Secretariat for its preparation of the document CDIP/10/11. We have several comments on the patent-related flexibilities proposed to be studied at CDIP.

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