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Understanding copyright and related rights

This booklet is intended to provide an introduction for non-specialists or newcomers to the subject of copyright and related rights. It explains in layman’s terms the fundamentals underpinning copyright law and practice. It describes the different types of rights which copyright and related rights law protects, as well as the limitations on those rights. And it briefly covers transfer of copyright and provisions for enforcement. 

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Why Apple Losing A Siri Patent Case In China Is Great News For Intellectual Property Holders Everywhere

Why Apple Losing A Siri Patent Case In China Is Great News For Intellectual Property Holders Everywhere | Copyright, IP and European Law | Scoop.it
Apple appears to have just lost the first stage of a patent case in China about Siri, the voice application. At first blush you might not think this is a good idea for patent holders outside the Middle Kingdom, for what this is is a court ruling against such foreign intellectual property. However, there’s another way around to think of this. Which is that China in general, Chinese courts and Chinese companies are only going to start taking the protection of IP seriously when they’ve got some of their own IP to protect. And if we’re now beginning to see that there is such domestic IP, which is being protected by those domestic courts, then it’s entirely possible that we’ll see, over the coming years, something of a sea change in IP protection in that country.
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Tesla slams China trademark action

Electric carmaker Tesla on Wednesday denounced a Chinese businessman's lawsuit seeking millions of dollars for alleged trademark infringement as an attempt to "steal" its property and "without any conceivable merit".

 

Zhan Baosheng, said to be the founder of a cosmetics website in the southern city of Guangzhou, registered "Tesla" as a trademark in China in 2009, the China Business News said.

 

He also sought to trademark a T-shaped logo and the phrase "Tesla Motors", it said, although those applications were still pending following objections.

 

Zhan filed a lawsuit against Tesla in a Beijing court last week, the paper reported, demanding it close its showrooms, service centres and charging facilities in China, terminate all sales and marketing activities in the country and pay 23.9 million yuan ($3.9 million) in compensation.

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Apple loses China patent case, separate suit against Apple continues

Apple loses China patent case, separate suit against Apple continues | Copyright, IP and European Law | Scoop.it
A Beijing court has ruled against Apple Inc (AAPL.O) by upholding the validity of a patent held by a Chinese company, clearing the way for the Chinese company to continue its own case against Apple for infringing intellectual property rights
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Developers Must Consider Intellectual Property Liabilities In Solar Projects

Developers Must Consider Intellectual Property Liabilities In Solar Projects | Copyright, IP and European Law | Scoop.it
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Accessible Books Consortium Launched, Joins Effort to End “Book Famine” for People with Print Disabilities | DAISY Consortium

Accessible Books Consortium Launched, Joins Effort to End “Book Famine” for People with Print Disabilities | DAISY Consortium | Copyright, IP and European Law | Scoop.it
The World Intellectual Property Organization and a group of key partners including the DAISY Consortium, are launching a new alliance to boost the number of books in accessible format for use by hundreds of millions of people around the globe who are blind, visually impaired, or otherwise print disabled, most of whom live in less-developed regions.ABC was created to help implement the objectives of the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled at a practical level through work in three areas: the sharing of technical skills in developing and least developed countries to produce and distribute books in accessible formats, promoting inclusive publishing, and building an international database and book exchange of accessible books. The Marrakesh Treaty was adopted by WIPO’s members on June 27, 2013 and will enter into force once it has been ratified by 20 nations.
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Our single market is crying out for copyright reform

Our single market is crying out for copyright reform | Copyright, IP and European Law | Scoop.it
Information Influx International Conference at Institute for Information Law, University of Amsterdam, 2 July 2014
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Journal of Intellectual Property Law & Practice - volume 9 number 7 July 2014

☛ http://jiplp.oxfordjournals.org/content/current

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Unconventional Energy Boom Drives Oil and Gas Patents to Record

Unconventional Energy Boom Drives Oil and Gas Patents to Record | Copyright, IP and European Law | Scoop.it
Inventors filed a total of 12,062 oil and gas patent applications in 2013, up a third from 2012 and three times as high as approvals sought ten years ago.
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Automatic website accessibility and compatibility - US Patent Application 20140180846

Automatic website accessibility and compatibility - US Patent Application 20140180846 | Copyright, IP and European Law | Scoop.it
A method for an accessibility solution provided as a software. The method includes approving or implementing by a website owner of a code into his website and receiving web format by a user device by “scraping” the data from the website pages or by other means of using client side plugin, server side plugin, browser or 3rd party server side or mobile app. The method also includes analyzing the data over the user device or on the server side and clicking a button by the end-user and the original code and the content and code that were collected from the website are rewritten which can also be done automatically as a suggestion to the end user, and the end-user sees or can use a new format according to the updated standard.
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The right to resell ebooks -- major case looms in the Netherlands

The right to resell ebooks -- major case looms in the Netherlands | Copyright, IP and European Law | Scoop.it

A major lawsuit is about to take place in the Netherlands, dragging the issue of the resale of digital media back into European courts.

 

On Tuesday this week, a local startup called Tom Kabinet opened the virtual doors on its secondhand ebook bookstore. At the moment, it is generally accepted that ebooks cannot be resold, as is the case with music, movies and other digital media.

 

However, Tom Kabinet is pointing to a 2012 ruling by Europe’s top court, the Court of Justice of the European Union, in the case of UsedSoft v Oracle. That case was about reselling licenses for downloadable software, and the court ruled that – even when the software license explicitly forbids resale – the buyer should have the right to resell that licence, just as they would be allowed to resell a boxed software copy.

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Human Rights Impact Assessment Of Trade-Related Intellectual Property Rights: A Key Strategy In Post-2015 Efforts To Improve Access To Safe And Accessible Medicines

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Benefitting from Patents, Trade Marks and other Intellectual Property Rights (IPR)

Printers, sign makers, substrate manufacturers, equipment manufacturers and distributors can all benefit from creating and managing their own Intellectual Property. Patents, Trade Marks, Registered Designs and Copyright will be introduced with examples of how these Intellectual Property Rights can create profit and build value in every company. With Roland Hill, MD of ContraVision, filmed at FESPA Digital 2014
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Patent Spotlight on Sony: Exercise Support Apparatus for Elderly

Patent Spotlight on Sony: Exercise Support Apparatus for Elderly | Copyright, IP and European Law | Scoop.it

Assisted therapy technologies are becoming a bigger focus in response to an increasingly aging population across the world. People continue to enjoy longer life spans, and in Japan the elderly continue to make up a growing part of the population; in 2010, elderly individuals over 65 years of age made up 23.1 percent of that country’s population, and that number is expected to rise to 30 percent by 2025. This places quite a burden on primary care practitioners and other medical professionals who deal with health issues which pertain to the elderly.

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Assisted therapy technologies are becoming a bigger focus in response to an increasingly aging population across the world. People continue to enjoy longer life spans, and in Japan the elderly continue to make up a growing part of the population; in 2010, elderly individuals over 65 years of age made up 23.1 percent of that country’s population, and that number is expected to rise to 30 percent by 2025. This places quite a burden on primary care practitioners and other medical professionals who deal with health issues which pertain to the elderly.

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Litigating Intellectual Property Rights in Investor-State Arbitration: From Plain Packaging to Patent Revocation by Henning Grosse Ruse-Khan

Litigating Intellectual Property Rights in Investor-State Arbitration: From Plain Packaging to Patent Revocation by Henning Grosse Ruse-Khan | Copyright, IP and European Law | Scoop.it

Abstract:

 

Enforcing intellectual property rights abroad is difficult. International treaties have generally not created directly enforceable IP rights. Usually, the protection they confer cannot be directly invoked in national courts. Because of the territorial nature of IP protection, right holders must proceed in local courts based on local laws. Litigating IP rights abroad hence faces several hurdles.

 

International investment law offers some options to overcome these hurdles: It commonly includes IP rights in its protection for foreign investments against government interference. Often, investors can directly challenge host state measures in international arbitration proceedings. Relying on investment standards offers an alternative mechanism to protect IP rights abroad and is increasingly used to challenge the host state’s compliance with international IP treaties. However, arbitrators have on occasion denied their competence to rule on alleged breaches of an international IP agreement.

 

This article focusses on the investment interface aspect of IP: Compared to domestic proceedings (where international standards usually cannot be invoked), WTO dispute settlement (where right holders have no legal standing), and the protection of property under human rights instruments (where protection is limited to specific human rights standards), investor-state arbitration may be the only forum where right holders can litigate international IP norms such as the TRIPS Agreement. This may have significant effects on the autonomy of host states in responding to public interest concerns (such as access to medicines or reducing smoking) once measures affect IP rights of foreign investors. Reviewing the options for litigating international IP norms in investment disputes, I conclude that most routes pursued by right holders are unlikely to be successful. Ironically, it is only clauses in investment treaties which aim to safeguard flexibilities in the international IP system that are likely to open a door for challenging compliance with international IP obligations in investor-state arbitration.

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"Intellectual Property, Human Rights, and Sovereignty: New Dilemmas in International Law Posed by the Recognition of Indigenous Knowledge and the Conservation of Biodiversity" by Rosemary Coombe

"Intellectual Property, Human Rights, and Sovereignty: New Dilemmas in International Law Posed by the Recognition of Indigenous Knowledge and the Conservation of Biodiversity" by Rosemary Coombe | Copyright, IP and European Law | Scoop.it
The recognition of IPRs as human rights entails a renewed concern for social justice issues in an era of so-called global harmonization of intellectual property protections that further challenges our considerations of sovereignty. The issue of intellectual property has, for many indigenous peoples, been an effective rhetorical vehicle to keep issues of autonomy and self-determination on the global bargaining table. However, it would be a gross misrepresentation of global cultural politics to suggest that all indigenous interest in intellectual property assumes a collective cultural form. An acknowledgement of IPRs status as human rights instruments seems timely, if not urgent, given the contemporary hegemony of financial and trade considerations in global discussions of intellectual property.
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Europe moves to protect intellectual property rights

Europe moves to protect intellectual property rights | Copyright, IP and European Law | Scoop.it

The European Commission has moved to protect the intellectual property rights of its businesses. 


A new action plan to "address infringements of intellectual property rights in the EU" will be adopted, along with a strategy for the protection and enforcement of intellectual property rights (IPR) in third countries.
European statistics show that the abuse of intellectual property rights is on the rise, with some 90,000 cases identified in 2012 compared to fewer than 27,000 in 2005. 


The OECD estimates that IPR infringements cost the global economy around €200 billion each year.

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A New Theory Of Intellectual Property Rights

A New Theory Of Intellectual Property Rights | Copyright, IP and European Law | Scoop.it
Normal properties do not require physical means to exist because their nature is physical; they exist independently of other physical entities. A rock exists whether or not the river exists. Their existence is independent from each other. Not so with IPs. If we wish to interact with IPs we need physical means to transmit them. Interactive IPs are dependent upon physical means..
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Author Interview: Stephan Kinsella on Against Intellectual Property

An interview with Stephan Kinsella about his book "Against Intellectual Property, recorded in March 2010.

 

Stephan Kinsella is a registered patent attorney, a libertarian theorist and lecturer, Director of the Center for the Study of Innovative Freedom (C4SIF), and Editor of Libertarian Papers.

 

"I finally came to the conclusion that the reason I was having trouble finding a justification for IP was that Rand was just wrong, there is no justification for IP. Once I thought about it that way a lot of pieces fell into place and the whole system made a lot more sense..." - Stephan Kinsella

 

Website Link: http://www.thevoluntarylife.com/2010/03/author-interview-stephan-kinsella-on.html

 

Book Download Link: http://mises.org/books/against.pdf

 

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American Rocker Tells Chinese Musicians: Fight For Your Rights

American Rocker Tells Chinese Musicians: Fight For Your Rights | Copyright, IP and European Law | Scoop.it
“Low” is a song that made U.S. rocker David Lowery famous. It’s also a word the crooner would use to describe most musician’s paychecks -- especially in China, where piracy issues are rampant.
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Court Fight Over Exotic Tree Oil Secrets

Court Fight Over Exotic Tree Oil Secrets | Copyright, IP and European Law | Scoop.it

A biofuel company claims in court that diesel fuel producers stole its method of harvesting vegetable oil from seeds of the African jatropha tree by secretly recording the process with a smart phone during a meeting.

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Enforcement of Intellectual Property Rights – Frequently Asked Questions

Enforcement of Intellectual Property Rights – Frequently Asked Questions | Copyright, IP and European Law | Scoop.it

I. EU Action Plan on enforcement of Intellectual Property Rights


1. What are Intellectual Property Rights (IPR) or IP infringements?
2. Why does the Action Plan focus on commercial scale infringements?
3. What is new about the EU Action Plan?
4. Why are you not presenting the EU Action Plan together with the outcome of the ongoing review of copyright?
5. Given the existence of the European Observatory on infringements of IPR, why does the Commission need to invest resources in reports on the European IP economy (action 10 in the European Action Plan)?
6. This initiative contains 10 non-legislative actions. What will the Commission do when they have been completed?

 

II. EU Strategy on Protection and Enforcement of IPRs in Third Countries

 

1. Why is the Commission producing a revised version of its IPR enforcement Strategy in Third Countries now?
2. What has changed in the Commission's approach?
3. How does the Commission decide which countries to focus on in the Strategy?
4. Why do you not have IPR Dialogues/Working Groups with all priority countries?
5. How is the Strategy taking the Development Agenda into consideration?
6. Why are you considering restricting participation in or funding by EU programmes for non-EU countries? Won't this impact development aid?
7. Did you hold a public consultation on the IPR Strategy in Third Countries?
8. What is the link between the Strategy on Protection and Enforcement of Intellectual Property Rights in Third Countries and the EU Action Plan on the Enforcement of Intellectual Property Rights?

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Commission presents actions to better protect and enforce intellectual property rights

Commission presents actions to better protect and enforce intellectual property rights | Copyright, IP and European Law | Scoop.it

The European Commission has today adopted two communications – an Action Plan to address infringements of intellectual property rights in the EU and a Strategy for the protection and enforcement of intellectual property rights (IPR) in third countries.

 

The EU Action Plan sets out a number of actions to focus the EU's IPR enforcement policy on commercial scale infringements (the so-called 'follow the money' approach). The Strategy setting out an international approach examines recent changes and presents ways to improve the Commission's current means of action to promote enhanced IPR standards in third countries and to stem the trade in IPR infringing goods.

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Concern Kalashnikov Seeking Intellectual Property Rights for Russia's AK

Concern Kalashnikov Seeking Intellectual Property Rights for Russia's AK | Copyright, IP and European Law | Scoop.it

"With a huge export potential and small arms produced for many years now, unfortunately, (we have) failed to obtain the necessary legal protection of intellectual property. This led to a situation where the company products must compete on the global market with similar products (often much lower quality), produced by other countries. Today in the world with more than 100 trademarks, violating the rights and legitimate interests of the "Concern Kalashnikov" and prevent promotion of its products" 

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"The path of Internet Law: An annotated guide to legal landmarks" by Michael L. Rustad & Diane D’Angelo

ABSTRACT

 

The evolution of the Internet has forever changed the legal landscape. The Internet is the world’s largest marketplace, copy machine, and instrumentality for committing crimes, torts, and infringing intellectual property. Justice Holmes’s classic essay on the path of the law drew upon six centuries of case reports and statutes. In less than twenty-five years, Internet law has created new legal dilemmas and challenges in accommodating new information technologies. Part I is a brief timeline of Internet case law and statutory developments for Internet-related intellectual property (IP) law. Part II describes some of the ways in which the Internet is redirecting the path of IP in a globalized information-based economy. Our broader point is that every branch of substantive and procedural law is adapting to the digital world. Part III is the functional equivalent of a GPS for locating the latest U.S. and foreign law resources to help lawyers, policymakers, academics and law students lost in cyberspace.

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EU law

EU law | Copyright, IP and European Law | Scoop.it

How EU decisions are made


EU Treaties


Regulations, Directives and other acts

 

Application of EU law

 

EU legislation and case-law

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