Sep 022014
 

ncube[Reposted from Aro-IP, Link (CC-BY)]  Moneyweb is suing Fin24 for copyright infringement arising out of Fin24′s (re-)publication of eight articles which had been initially published by Moneyweb (see a Mail and Guardian report here). Moneyweb has created a dedicated website (here) where it has posted all of the pleadings filed to date and media articles. This Leo rarely has an opportunity to read litigants’ court documents and is delighted that these documents are so readily available. Continue reading »

Sep 022014
 

elkin-koren and frischman aforiAuthors:  Niva Elkin-Koren and Orit Fischman Afori

Abstract:  Exceptions and limitations to the rights of copyright owners aim to promote copyright goals in a rapidly changing world. Policymakers are often faced with the choice of either adopting an open-norm, such as fair use, to facilitate flexibility and adaptability, or opt for a strictly defined list of exceptions and limitations to facilitate more certainty and predictability. So far, this binary choice between bright-line rules and vague standards has created a deadlock.

This paper argues that in order to promote a reasoned implementation of fair use and serve both the purpose of copyright law and the rule of law, courts should subscribe to the doctrinal indeterminacy mandated by fair use, while at the same time encourage the implementation of concrete rules within that standard. Incorporating bottom-up norms, such as Codes of Fair Use Best Practices, in fair use analysis, would enable courts to do just that. Continue reading »

Sep 022014
 

michael-geist[Reposted from michaelgeist.ca, Link (CC-BY)]  Last year, the federal government trumpeted anti-counterfeiting legislation as a key priority. The bill raced through the legislative process in the winter and following some minor modifications after committee hearings, seemed set to pass through the House of Commons. Yet after committee approval, the bill suddenly stalled with little movement throughout the spring.

Why did a legislative priority with all-party approval seemingly grind to a halt? Continue reading »

Aug 262014
 

OCTOBER 11, 2010 - Law professor David Levine. (Photo by Kim Walker)Sharon Sandeen at Hamline Law and I have authored a letter dated August 26, 2014 and signed by 31 United States legal academics to the Congressional sponsors of the “Defend Trade Secrets Act of 2014” (“DTSA”) and the “Trade Secrets Protection Act of 2014” (“TSPA”) (collectively, “the Acts.”)

Click here for the full Letter 

Congress has been weighing how to respond to increased cyber-espionage.  The Acts are the latest bills to create a private cause of action under the Economic Espionage Act (EEA).  A copy of the bills can be found at https://beta.congress.gov/113/bills/s2267/BILLS-113s2267is.pdf (DTSA) and http://holding.house.gov/sites/holding.house.gov/files/documents/TSPA%20-%20HOLDNC_018_xml.pdf (TSPA). Continue reading »

Aug 262014
 

icdraCivil Society Statement for Pre-ICDRA and ICDRA

We, the undersigned organizations, bring to the attention of Drug Regulatory Authorities, WHO, Member States and other participants of Pre and International Conference on Drug Regulatory Authorities (Pre-ICDRA and ICDRA) and community in general the following concerns with regard to the regulation of biotherapeutic products, particularly biocompetitors, and its impact on access to affordable, safe and efficacious biotherapeutics. Continue reading »

Trade Secret Fair Use

 Posted by on August 25, 2014  No Responses »
Aug 252014
 

deepa varadarajanAuthor: Deepa Varadarajan

Publication: Fordham Law Review, Vol. 83 (2014 Forthcoming)

Abstract: Trade secret law arose to help companies protect confidential information (e.g., the Coca-Cola formula) from competitors seeking to copy their innovative efforts. But companies increasingly use trade secret law to block a wide swath of information from the scrutinizing eyes of consumers, public watchdog groups, and potential improvers. Companies can do this, in part, because trade secret law lacks clear limiting doctrines that consider the social benefits of unauthorized use. Continue reading »

Aug 252014
 

msf big square cropped[Médecins Sans Frontières, Link]  Ahead of the Regional Comprehensive Economic Partnership (RCEP) Ministerial Conference to be held in Myanmar on 27-28 August 2014, see the letter below from Medecins Sans Frontieres addressed to the Indian Minister of State for Commerce & Industry regarding the inclusion of intellectual property (IP) in the negotiations of the Regional Comprehensive Economic Partnership (RCEP) and its potential impact on access to affordable generic medicines from India. Continue reading »

Aug 222014
 

copyright office seal 140pxDownload full text of the public draft (1222 pages).

[U.S. Copyright Office Press Release, Link] Register of Copyrights Maria A. Pallante today released a public draft of the Compendium of U.S. Copyright Office Practices, Third Edition (the “Third Edition”). The first major revision in more than two decades, the draft presents more than 1200 pages of administrative practices and sets the stage for a number of long-term improvements in registration and recordation policy.

It will remain in draft form for approximately 120 days pending final review and implementation, taking effect on or around December 15, 2014. Continue reading »

Aug 202014
 

india-flagLast week, the Government of Karnataka amended the Karnataka Prevention of Dangerous Activities of Bootleggers, Drug-Offenders, Gamblers, Goondas, Immoral Traffic Offenders and Slum Gamblers Act, 1985 (“the Karnataka Goondas Act”). The Karnataka Goondas Act would now also apply to offences under the Indian Copyright Act, 1957 and the Information Technology Act, 2000. This article presents an overview on the various provisions of this law and discusses the potential impact of the amendment.

Click here for the full story on Spicy IP.

Aug 192014
 

telang-waldfogelAuthors: Rahul Telang and Joel Waldfogel

Abstract: While copyright research in the decade following Napster focused mostly on whether file sharing undermines demand, research has more recently asked how piracy and other aspects of digitization affect the supply of new products. Although revenue has declined sharply, evidence that weakened effective copyright protection undermines creation has been elusive. Continue reading »

Aug 182014
 

tw flagInside U.S. Trade reports that Taiwan is taking steps to develop a system of patent linkage, which would prevent generic firms from gaining marketing approval for their products while originator products are still under patent.  The country wants to join the Trans Pacific Partnership at a later date, and it expects that patent linkage will be one of the requirements for countries wishing to acceded to the Agreement.  Continue reading »

Aug 182014
 

sean at podiumOn August 18, a group of South African and international legal experts will work with South African filmmakers to better understand their rights as users as well as creators under copyright law. The meeting will focus on actions filmmakers can take to use and expand user rights in South Africa that are necessary to fully enable the vibrant filmmaking industry that already exists, and to support emerging artists. Continue reading »