Some have written to ask what the Canada position is on the proposed WIPO treaty on copyright exceptions for persons who are blind or have other disabilities. For the first 3.5 days of the meeting, Canada did not say anything. Continue Reading →
The GOP platform mentions China 15 times, including these passages:
Our serious trade disputes, especially China’s failure to enforce international standards for the protection of intellectual property and copyrights, as well as its manipulation of its currency, call for a firm response from a new Republican Administration. . .
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The 1980 Bayh-Dole Act is named after two former US Senators, Birch Bayh and Bob Dole. In 2002 both claimed the Bayh-Dole Act march-in provisions were not intended to address cases where prices for inventions are unreasonable, and Senator Bayh repeated this view during a 2004 march-in case involving Abbott patents on ritonavir.
Among the provisions of the Act that suggest otherwise are the following:
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The Berne Convention revisions for limitations and exceptions to copyright 2012:1 KEI Research Note August 2012. Revised June 18, 2017. This research note reports on the evolution of each copyright exception found in the Berne Convention for the Protection of… Continue Reading →
On 22 June 2012, Judge Richard Posner, dismissed with prejudice the patent infringement suits filed in Apple Inc. and NEXT Software, Inc. v Motorola, Inc. and Motorola Mobility, Inc. in the United States District Court for the Northern District of Illinois (Eastern Division). In this case, the judge cited the eBay decision noting that neither party was entitled to injunctive relief as neither party demonstrated that “damages would not be an adequate remedy”. Continue Reading →
Earlier this month, the European Parliament and the European Commission released a new compromise text on orphan works.
The Compromise Text is available here:
http://register.consilium.europa.eu/pdf/en/12/st10/st10953.en12.pdf
KEI sees the text as a step backwards for access to knowledge. The proposed directive makes far too many compromises, is too limited in terms of the beneficiaries and uses of works, and creates complicated, burdensome and costly procedures and record keeping requirements.
Background on earlier EU consultations
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This March 14, 2012 opinion by the United States Court of Appeals for the Federal Circuit provides a discussion of some elements of the history of 28 USC 1498, beginning in 1894, through changes in the law in 1910, 1918,… Continue Reading →
The India Controller General Controller General of Patents, Designs & Trade Marks has just (March 12, 2012) issued an order granting a compulsory license to patents on the cancer drug sorafenib/Nexavar, in the matter of NATCO Vs. BAYER. A copy of the decision is attached below.
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