China has strengthened its intellectual property laws and regulations over the past decade to better protect copyrights, patents, and trademarks. Enforcement remains a challenge, but authorities have launched campaigns targeting IP violations and courts are handing out larger penalties. While progress has been made, foreign businesses remain dissatisfied with enforcement and see copyright cases in particular as still receiving little attention from courts or officials.
This document provides an overview of copyright protection for computer programs and software under Irish and EU law. Some key points covered include:
- Copyright automatically protects original software and computer programs without any formal registration. Protection lasts for the author's lifetime plus 70 years.
- While ideas and functionality cannot be copyrighted, the specific code and expression can be. Reproducing all or substantial parts of a program is infringement.
- Employers own the copyright for works created by employees within the scope of their employment.
- Temporary copies made during normal use of a program, such as loading into RAM, are allowed under copyright law. Other provisions address error correction, backup copies, and caching.
- Reverse engineering
The document discusses two French laws, Hadopi #1 and #2, which established the High Authority for the Dissemination of Works and the Protection of Rights on the Internet (HADOPI) to address internet piracy through a three-strike warning system and allow for the suspension of internet access, with Hadopi #2 delegating sanctioning power to criminal courts.
The document discusses national and international responses to cybercrime. It provides background on computer fraud statistics in the UK and Ireland. It discusses early cases of unauthorized computer access in the UK, including R v Gold & Schifreen, and how this led to the Computer Misuse Act of 1990. It then covers the Council of Europe Cybercrime Convention, which aims to harmonize cybercrime laws. Ireland has signed this convention. The document also discusses recommendations and guidelines from organizations like the OECD concerning cybersecurity policies and information sharing.
The Stop Online Piracy Act (SOPA) aims to strengthen protections for US intellectual property but has generated controversy over its impact on freedom of expression and the open Internet. While supporters believe SOPA will safeguard US innovation, jobs, and revenues, opponents argue it could undermine the dynamic nature of the Internet and innovation. A vote on SOPA was postponed in January 2012 amid protests from websites and technology firms. The bill's proponents are now re-examining its language to address concerns raised.
The document discusses WIPO's role and recommendations regarding intellectual property protections in the expansion of new generic top-level domains (gTLDs). It outlines WIPO's proposals for pre-delegation and post-delegation dispute resolution procedures to address trademark issues. It also discusses WIPO's proposed expedited suspension mechanism as a complement to the Uniform Domain Name Dispute Resolution Policy (UDRP) for more efficient protection of trademark rights in new gTLDs.
Cybercrime has evolved from traditional crimes moving online through Web 1.0 to new tools enabling organized crime and terrorists through Web 2.0. Botnets are now commonly used to send spam, launch denial of service attacks, enable identity theft, and deliver spyware. Investigating cybercrime faces challenges due to issues determining jurisdiction, collecting and sharing evidence internationally, and limited resources. Effectively addressing cybercrime requires adopting adequate legislation, training law enforcement, partnerships with industry, public awareness, and international cooperation on investigations and prosecution.
El Acta de derechos de autor digitales del milenio (en inglés Digital Millennium Copyright Act o DMCA) es una ley de copyright (derechos de reproducción) de Estados Unidos que implementa dos tratados del año 1996 de la Organización Mundial de la Propiedad Intelectual (OMPI). Esta ley sanciona, no sólo la infracción de los derechos de reproducción en sí, sino también la producción y distribución de tecnología que permita sortear las medidas de protección del copyright (comúnmente conocidas como DRM); además incrementa las penas para las infracciones al derecho de autor en Internet.
Por su parte, la Directiva 2001/29/CE del Parlamento Europeo y el Consejo del 22 de mayo de 2001 sobre la armonización de ciertos aspectos del derecho de autor y derechos relacionados en la sociedad de la información de la Unión Europea, conocida comúnmente como Directiva de la Unión Europea sobre derecho de autor (o EUCD, del inglés European Union Copyright Directive) es una directiva europea que se transpone en el Tratado de la OMPI sobre Derecho de Autor de 1996.
Thank you for the insightful discussion. Here are a few thoughts on balancing security and privacy:
- With new technologies come new challenges and opportunities. An open dialogue between all stakeholders is important to navigate these issues responsibly.
- Both security and privacy are important values, and reasonable people can disagree on where to draw the lines. There are good-faith arguments on multiple sides.
- Strong encryption and anonymity tools are critical for human rights defenders and dissidents in repressive regimes. However, they can also be misused to harm others or violate the law.
- Governments have a duty to protect citizens, but also have historically overreached in ways that erode trust and civil liberties. New policies should be narrowly targeted
This document provides an overview of copyright protection for computer programs and software under Irish and EU law. Some key points covered include:
- Copyright automatically protects original software and computer programs without any formal registration. Protection lasts for the author's lifetime plus 70 years.
- While ideas and functionality cannot be copyrighted, the specific code and expression can be. Reproducing all or substantial parts of a program is infringement.
- Employers own the copyright for works created by employees within the scope of their employment.
- Temporary copies made during normal use of a program, such as loading into RAM, are allowed under copyright law. Other provisions address error correction, backup copies, and caching.
- Reverse engineering
The document discusses two French laws, Hadopi #1 and #2, which established the High Authority for the Dissemination of Works and the Protection of Rights on the Internet (HADOPI) to address internet piracy through a three-strike warning system and allow for the suspension of internet access, with Hadopi #2 delegating sanctioning power to criminal courts.
The document discusses national and international responses to cybercrime. It provides background on computer fraud statistics in the UK and Ireland. It discusses early cases of unauthorized computer access in the UK, including R v Gold & Schifreen, and how this led to the Computer Misuse Act of 1990. It then covers the Council of Europe Cybercrime Convention, which aims to harmonize cybercrime laws. Ireland has signed this convention. The document also discusses recommendations and guidelines from organizations like the OECD concerning cybersecurity policies and information sharing.
The Stop Online Piracy Act (SOPA) aims to strengthen protections for US intellectual property but has generated controversy over its impact on freedom of expression and the open Internet. While supporters believe SOPA will safeguard US innovation, jobs, and revenues, opponents argue it could undermine the dynamic nature of the Internet and innovation. A vote on SOPA was postponed in January 2012 amid protests from websites and technology firms. The bill's proponents are now re-examining its language to address concerns raised.
The document discusses WIPO's role and recommendations regarding intellectual property protections in the expansion of new generic top-level domains (gTLDs). It outlines WIPO's proposals for pre-delegation and post-delegation dispute resolution procedures to address trademark issues. It also discusses WIPO's proposed expedited suspension mechanism as a complement to the Uniform Domain Name Dispute Resolution Policy (UDRP) for more efficient protection of trademark rights in new gTLDs.
Cybercrime has evolved from traditional crimes moving online through Web 1.0 to new tools enabling organized crime and terrorists through Web 2.0. Botnets are now commonly used to send spam, launch denial of service attacks, enable identity theft, and deliver spyware. Investigating cybercrime faces challenges due to issues determining jurisdiction, collecting and sharing evidence internationally, and limited resources. Effectively addressing cybercrime requires adopting adequate legislation, training law enforcement, partnerships with industry, public awareness, and international cooperation on investigations and prosecution.
El Acta de derechos de autor digitales del milenio (en inglés Digital Millennium Copyright Act o DMCA) es una ley de copyright (derechos de reproducción) de Estados Unidos que implementa dos tratados del año 1996 de la Organización Mundial de la Propiedad Intelectual (OMPI). Esta ley sanciona, no sólo la infracción de los derechos de reproducción en sí, sino también la producción y distribución de tecnología que permita sortear las medidas de protección del copyright (comúnmente conocidas como DRM); además incrementa las penas para las infracciones al derecho de autor en Internet.
Por su parte, la Directiva 2001/29/CE del Parlamento Europeo y el Consejo del 22 de mayo de 2001 sobre la armonización de ciertos aspectos del derecho de autor y derechos relacionados en la sociedad de la información de la Unión Europea, conocida comúnmente como Directiva de la Unión Europea sobre derecho de autor (o EUCD, del inglés European Union Copyright Directive) es una directiva europea que se transpone en el Tratado de la OMPI sobre Derecho de Autor de 1996.
Thank you for the insightful discussion. Here are a few thoughts on balancing security and privacy:
- With new technologies come new challenges and opportunities. An open dialogue between all stakeholders is important to navigate these issues responsibly.
- Both security and privacy are important values, and reasonable people can disagree on where to draw the lines. There are good-faith arguments on multiple sides.
- Strong encryption and anonymity tools are critical for human rights defenders and dissidents in repressive regimes. However, they can also be misused to harm others or violate the law.
- Governments have a duty to protect citizens, but also have historically overreached in ways that erode trust and civil liberties. New policies should be narrowly targeted
Enforcement of Trademarks and Copyrights in Thailand and MyanmarLawPlus Ltd.
Kowit Somwaiya provides an overview of intellectual property enforcement in Thailand and Myanmar. In Thailand, both registered and unregistered trademarks are protected under law, though registered marks receive stronger protections. Enforcement measures include warning notices, civil and criminal cases, and customs measures. Myanmar lacks specific IP laws but enforces rights through civil and criminal courts. A new Trademark Law is expected to strengthen protections and establish an IP office. Overall, the document outlines the current state of IP enforcement in the two countries.
This document discusses developing a legal framework to combat cybercrime. It addresses the need to balance privacy protections and law enforcement investigative authority when dealing with cybercrimes. Some key points discussed include:
- Privacy is important for human rights and economic factors, but law enforcement needs authority to investigate crimes involving computer networks like terrorism or hacking.
- Law enforcement authority must have appropriate limits through procedural laws to prevent abuse while allowing for necessary investigations. Methods to limit authority include restricting the types of crimes investigated or requiring approval from independent parties.
- Economic burdens on third parties from assistance with investigations, like technical capabilities or costs, require consideration.
- Countries must decide their own framework that takes into account their legal traditions
This document provides an overview and discussion of intellectual property law concepts related to copyright authorisation and infringement in Australia. It summarizes key court cases that have established the legal principles around authorising copyright infringement both directly and indirectly, both in physical and online environments. It also discusses statutory defenses to copyright infringement claims, including fair dealing exceptions for research, criticism and review, reporting news, and parody/satire.
The document discusses national and international responses to cybercrime. It provides background on computer fraud statistics in the UK and Ireland. It outlines key UK court cases related to early hacking incidents, including R v. Gold & Schifreen, which established that unauthorized access to computer systems was not a criminal offense at the time. The document also discusses the Council of Europe Cybercrime Convention, which Ireland has signed, as well as guidelines from the OECD on information system security.
The document discusses new developments in trademark law related to the internet. It describes how the internet has become a major channel of global commerce and how domain names function similarly to trademarks by identifying the source of goods and services. It discusses issues like cybersquatting, where people register domains containing well-known trademarks to misdirect customers. The document outlines legal approaches for trademark holders to protect their brands online, including dilution claims and the Anticybersquatting Consumer Protection Act. It also describes the Uniform Domain Name Dispute Resolution Policy for resolving domain name disputes.
This document summarizes a white paper on cyber crime within the South African government. It discusses the growing problem of identity theft and hacking within government systems. It outlines the Cool Frog Cyber Project, which was authorized to target and disrupt international crime syndicates hijacking identities to enable financial crimes. The project profiled 4 linked syndicates, analyzed threats, and achieved several arrests and convictions. It discusses investigative methods like searches, hardware key loggers, and working with partners like law enforcement. The document recommends improving security measures, vetting, and training to better address cyber crimes within government.
Itechlaw conferene presentation 15th feb 2013 the quest over identity the iss...Prof. (Dr.) Tabrez Ahmad
The document discusses the concept of privacy in relation to social media and technology. It covers several topics related to privacy rights in India and other countries, the threats to privacy posed by new technologies, and initiatives by industry and governments to protect privacy. It also discusses how personal information is increasingly being collected and used online through social networks and digital footprints, posing risks to individual privacy that laws and regulations aim to address.
National workshop on handling cybercrime ,1st feb 2014 it act,2000Karnika Seth
Cyber law expert Karnika Seth delivered a lecdture on rising Cybercrimes and the Information Technology Act,2000 applicable in India to combat Cybercrime. It discusses thye latest trends in Cyberlaw in India, case studies, IT Act,2000 and strategies to combat cybercrimes.
Liability of ISP in case of Illegal DownloadsRaunaq Jaiswal
This document discusses the liability of Internet Service Providers (ISPs) for illegal downloads of copyrighted material by users. It notes that while individual downloaders can be held directly liable, the liability of intermediaries like ISPs is less clear. The document analyzes safe harbor provisions in Indian law that exempt ISPs from liability if they were unaware of infringing content or exercised due diligence in removing it after receiving notice. It also discusses a 1995 U.S. case where an ISP could still potentially face contributory liability for failing to remove infringing content even after receiving notice. The key issue addressed is determining the appropriate scope of ISP liability to curb piracy while not overburdening them as mere conduits
This document discusses new developments in copyright law, including:
1. Copyright protection has been extended to computer programs and automated databases.
2. Issues around copyright in the digital age include balancing public access to information with protecting creators' works.
3. The Digital Millennium Copyright Act (DMCA) was passed to update US copyright law for the digital age and implement WIPO treaties, expanding protections for digital works. It has led to legal issues around technologies like DeCSS and free speech concerns.
The document discusses the risks of eavesdropping and phone call interception. It notes that phone call interception was once limited but is now more widespread due to new technologies and operators. It describes methods that can be used to intercept phone calls both lawfully and unlawfully at low cost. The document warns that the human factor introduces risks if those involved in interception can be bribed or make interceptions for unauthorized political purposes. It also discusses real world cases where illegal interception scandals have undermined democracy in countries like Italy, Greece, Finland, and Turkey.
This document provides an overview of cyber law in India. It summarizes the Information Technology Act 2000, which provides the legal framework for electronic commerce and digital signatures. It outlines some key sections of the act related to digital signatures, cyber crimes, data privacy, penalties, and amendments made in 2008. Examples of cyber crimes in India are also briefly described. The summary is intended to convey the high-level purpose and scope of cyber law in India according to this document.
This document discusses the evolving role of intermediaries on the internet and challenges of regulating their liability for user-generated content. It provides examples of early court cases that established intermediary liability principles and summarizes safe harbor provisions and other legislation that have sought to limit intermediary liability by implementing notice-and-takedown regimes and graduated response policies for copyright infringement. It also discusses ongoing legal cases and policy debates around intermediary liability and how countries are approaching regulation.
Vietnam has improved its legal framework for intellectual property rights (IPR) protection since joining the WTO. However, enforcement remains a challenge, especially for online IPR infringements. The document provides recommendations to further strengthen IPR protection in Vietnam, including increasing administrative fines, adopting a domain name dispute resolution system, raising public awareness of online IPR, and establishing specialized IPR courts to improve civil enforcement.
The document discusses several international patent systems for obtaining patent protection in multiple countries. It describes the Paris Convention which established the principles of equal treatment of citizens across member states and union priority rights allowing applicants to extend protection to other member states. The Patent Cooperation Treaty allows filing a single international patent application and receiving an international search report and preliminary examination, postponing the decision to pursue patents in individual countries for 30 months. The European Patent Convention provides a single place of filing, granting, and protection equivalent to national patents across member states if patented in one.
The document summarizes key UK legislation related to business and technology, including the Data Protection Act of 1998, the Computer Misuse Act of 1990, and the Copyright, Designs and Patents Act of 1988. The Data Protection Act established rights for individuals over their personal data and requires data users to obtain and manage personal data responsibly. The Computer Misuse Act made hacking and spreading viruses illegal. The Copyright Act extended copyright protections to software and made illegal copying of software a criminal offense.
Professional Issues in IT - Intellectual Property Basics
Reference : Tavani, Herman T., “Ethics and technology: controversies, questions, and strategies for ethical computing” , 4th Edition.
This document discusses licensing intellectual property rights and international agreements related to IP protection. It notes that licensing IP allows companies to expand globally without large capital investments. Key points covered include typical license provisions, definitions of intellectual property, international treaties like the Paris and Berne Conventions, protections for trademarks, patents, copyrights, and the TRIPS agreement under the WTO. Enforcement challenges and the gray market are also summarized.
This document provides an overview of intellectual property, including the main types (patents, copyrights, trademarks), how they are protected and enforced, and recent developments. It covers the purpose of intellectual property rights to promote innovation and dissemination of ideas. Key topics include patent applications and examination processes, copyright ownership and infringement, trademark definitions and protection, and dispute resolution mechanisms like litigation, arbitration and mediation. Newer areas discussed are computer program protections under patents and copyright, as well as international treaties governing intellectual property.
Enforcement of Trademarks and Copyrights in Thailand and MyanmarLawPlus Ltd.
Kowit Somwaiya provides an overview of intellectual property enforcement in Thailand and Myanmar. In Thailand, both registered and unregistered trademarks are protected under law, though registered marks receive stronger protections. Enforcement measures include warning notices, civil and criminal cases, and customs measures. Myanmar lacks specific IP laws but enforces rights through civil and criminal courts. A new Trademark Law is expected to strengthen protections and establish an IP office. Overall, the document outlines the current state of IP enforcement in the two countries.
This document discusses developing a legal framework to combat cybercrime. It addresses the need to balance privacy protections and law enforcement investigative authority when dealing with cybercrimes. Some key points discussed include:
- Privacy is important for human rights and economic factors, but law enforcement needs authority to investigate crimes involving computer networks like terrorism or hacking.
- Law enforcement authority must have appropriate limits through procedural laws to prevent abuse while allowing for necessary investigations. Methods to limit authority include restricting the types of crimes investigated or requiring approval from independent parties.
- Economic burdens on third parties from assistance with investigations, like technical capabilities or costs, require consideration.
- Countries must decide their own framework that takes into account their legal traditions
This document provides an overview and discussion of intellectual property law concepts related to copyright authorisation and infringement in Australia. It summarizes key court cases that have established the legal principles around authorising copyright infringement both directly and indirectly, both in physical and online environments. It also discusses statutory defenses to copyright infringement claims, including fair dealing exceptions for research, criticism and review, reporting news, and parody/satire.
The document discusses national and international responses to cybercrime. It provides background on computer fraud statistics in the UK and Ireland. It outlines key UK court cases related to early hacking incidents, including R v. Gold & Schifreen, which established that unauthorized access to computer systems was not a criminal offense at the time. The document also discusses the Council of Europe Cybercrime Convention, which Ireland has signed, as well as guidelines from the OECD on information system security.
The document discusses new developments in trademark law related to the internet. It describes how the internet has become a major channel of global commerce and how domain names function similarly to trademarks by identifying the source of goods and services. It discusses issues like cybersquatting, where people register domains containing well-known trademarks to misdirect customers. The document outlines legal approaches for trademark holders to protect their brands online, including dilution claims and the Anticybersquatting Consumer Protection Act. It also describes the Uniform Domain Name Dispute Resolution Policy for resolving domain name disputes.
This document summarizes a white paper on cyber crime within the South African government. It discusses the growing problem of identity theft and hacking within government systems. It outlines the Cool Frog Cyber Project, which was authorized to target and disrupt international crime syndicates hijacking identities to enable financial crimes. The project profiled 4 linked syndicates, analyzed threats, and achieved several arrests and convictions. It discusses investigative methods like searches, hardware key loggers, and working with partners like law enforcement. The document recommends improving security measures, vetting, and training to better address cyber crimes within government.
Itechlaw conferene presentation 15th feb 2013 the quest over identity the iss...Prof. (Dr.) Tabrez Ahmad
The document discusses the concept of privacy in relation to social media and technology. It covers several topics related to privacy rights in India and other countries, the threats to privacy posed by new technologies, and initiatives by industry and governments to protect privacy. It also discusses how personal information is increasingly being collected and used online through social networks and digital footprints, posing risks to individual privacy that laws and regulations aim to address.
National workshop on handling cybercrime ,1st feb 2014 it act,2000Karnika Seth
Cyber law expert Karnika Seth delivered a lecdture on rising Cybercrimes and the Information Technology Act,2000 applicable in India to combat Cybercrime. It discusses thye latest trends in Cyberlaw in India, case studies, IT Act,2000 and strategies to combat cybercrimes.
Liability of ISP in case of Illegal DownloadsRaunaq Jaiswal
This document discusses the liability of Internet Service Providers (ISPs) for illegal downloads of copyrighted material by users. It notes that while individual downloaders can be held directly liable, the liability of intermediaries like ISPs is less clear. The document analyzes safe harbor provisions in Indian law that exempt ISPs from liability if they were unaware of infringing content or exercised due diligence in removing it after receiving notice. It also discusses a 1995 U.S. case where an ISP could still potentially face contributory liability for failing to remove infringing content even after receiving notice. The key issue addressed is determining the appropriate scope of ISP liability to curb piracy while not overburdening them as mere conduits
This document discusses new developments in copyright law, including:
1. Copyright protection has been extended to computer programs and automated databases.
2. Issues around copyright in the digital age include balancing public access to information with protecting creators' works.
3. The Digital Millennium Copyright Act (DMCA) was passed to update US copyright law for the digital age and implement WIPO treaties, expanding protections for digital works. It has led to legal issues around technologies like DeCSS and free speech concerns.
The document discusses the risks of eavesdropping and phone call interception. It notes that phone call interception was once limited but is now more widespread due to new technologies and operators. It describes methods that can be used to intercept phone calls both lawfully and unlawfully at low cost. The document warns that the human factor introduces risks if those involved in interception can be bribed or make interceptions for unauthorized political purposes. It also discusses real world cases where illegal interception scandals have undermined democracy in countries like Italy, Greece, Finland, and Turkey.
This document provides an overview of cyber law in India. It summarizes the Information Technology Act 2000, which provides the legal framework for electronic commerce and digital signatures. It outlines some key sections of the act related to digital signatures, cyber crimes, data privacy, penalties, and amendments made in 2008. Examples of cyber crimes in India are also briefly described. The summary is intended to convey the high-level purpose and scope of cyber law in India according to this document.
This document discusses the evolving role of intermediaries on the internet and challenges of regulating their liability for user-generated content. It provides examples of early court cases that established intermediary liability principles and summarizes safe harbor provisions and other legislation that have sought to limit intermediary liability by implementing notice-and-takedown regimes and graduated response policies for copyright infringement. It also discusses ongoing legal cases and policy debates around intermediary liability and how countries are approaching regulation.
Vietnam has improved its legal framework for intellectual property rights (IPR) protection since joining the WTO. However, enforcement remains a challenge, especially for online IPR infringements. The document provides recommendations to further strengthen IPR protection in Vietnam, including increasing administrative fines, adopting a domain name dispute resolution system, raising public awareness of online IPR, and establishing specialized IPR courts to improve civil enforcement.
The document discusses several international patent systems for obtaining patent protection in multiple countries. It describes the Paris Convention which established the principles of equal treatment of citizens across member states and union priority rights allowing applicants to extend protection to other member states. The Patent Cooperation Treaty allows filing a single international patent application and receiving an international search report and preliminary examination, postponing the decision to pursue patents in individual countries for 30 months. The European Patent Convention provides a single place of filing, granting, and protection equivalent to national patents across member states if patented in one.
The document summarizes key UK legislation related to business and technology, including the Data Protection Act of 1998, the Computer Misuse Act of 1990, and the Copyright, Designs and Patents Act of 1988. The Data Protection Act established rights for individuals over their personal data and requires data users to obtain and manage personal data responsibly. The Computer Misuse Act made hacking and spreading viruses illegal. The Copyright Act extended copyright protections to software and made illegal copying of software a criminal offense.
Professional Issues in IT - Intellectual Property Basics
Reference : Tavani, Herman T., “Ethics and technology: controversies, questions, and strategies for ethical computing” , 4th Edition.
This document discusses licensing intellectual property rights and international agreements related to IP protection. It notes that licensing IP allows companies to expand globally without large capital investments. Key points covered include typical license provisions, definitions of intellectual property, international treaties like the Paris and Berne Conventions, protections for trademarks, patents, copyrights, and the TRIPS agreement under the WTO. Enforcement challenges and the gray market are also summarized.
This document provides an overview of intellectual property, including the main types (patents, copyrights, trademarks), how they are protected and enforced, and recent developments. It covers the purpose of intellectual property rights to promote innovation and dissemination of ideas. Key topics include patent applications and examination processes, copyright ownership and infringement, trademark definitions and protection, and dispute resolution mechanisms like litigation, arbitration and mediation. Newer areas discussed are computer program protections under patents and copyright, as well as international treaties governing intellectual property.
Presentation before the International Intellectual Property Society
Conrad Wong
Attorney-Advisor, China Team
Office of Policy and International Affairs
United States Patent and Trademark Office USPTO
May 16, 2019
Protecting Intellectual Property in ChinaRoger Royse
Slides from our webinar on protecting intellectual property while conducting business in China. For a full recording of the webinar, please get in touch: https://rroyselaw.com/contact-us/
This document provides summaries of international news from Australia, Brazil, and proposed amendments to copyright law.
- In Australia, Sony is testing new anti-circumvention laws by suing a company that sells devices to circumvent protections on PlayStation games. The ACCC has been granted permission to provide its perspective on interpreting the new laws.
- Brazil is discussing changes to its transfer pricing rules to include intellectual property rights and limit royalty payments to a percentage of net sales. This would impact existing trademark, patent, and copyright license agreements.
- Proposed amendments to copyright law in an unnamed country aim to eliminate unequal treatment of nationalities and clarify rules around technological protection measures for copyrighted works.
This seminar discussed software piracy in China, which was estimated to be as high as 92% in 2003. While piracy rates have decreased, it remains a significant issue. The seminar explored the extent of piracy in China, arguments for and against its justification, and ways companies can tackle piracy. These include China strengthening IP enforcement, using software management systems, and changing consumer attitudes through marketing. The seminar also explained the differences between patents, copyrights, and trademarks, and that while these forms of IP protection are recognized in China, enforcement can still be challenging.
Litigation Activities May Be Insufficient To Obtain An Exclusion Order: Motiv...SHIMOKAJI IP
The document discusses a Federal Circuit case, Motiva v. ITC, which makes it difficult for non-practicing entities (NPEs) to obtain exclusion orders from the ITC. The case involved Motiva seeking an exclusion order against Nintendo's Wii system. The ALJ and Federal Circuit found that Motiva's litigation activities were insufficient to satisfy the domestic industry requirement, as the litigation was aimed at financial gains rather than commercializing the patents. The Federal Circuit affirmed that a real licensing program must exist alongside litigation for NPEs to gain access to the ITC. Simply extracting a license in litigation settlement is not enough.
The document discusses intellectual property rights transfers between US firms and foreign businesses. There are several reasons why US firms may transfer their IPRs, such as receiving licensing fees, contributing technology to joint ventures, or shifting production to lower cost countries. International agreements like the Paris Convention and TRIPS Agreement established standards for protecting IPRs like patents, trademarks, and copyrights across signatory countries. The PCT and Madrid Protocol set up centralized filing systems for international patent and trademark applications.
The document summarizes several regulatory and professional bodies within the UK creative media sector, including:
- The British Board of Film Classification (BBFC) which classifies films, videos, and DVDs according to age ratings.
- The British Video Association (BVA) which represents video publishers and works to promote legal video entertainment.
- The Film Distributors' Association (FDA) which focuses on addressing film piracy in the UK.
- The Video Standards Council (VSC) which sets standards for the video and video games industries and administers the PEGI age rating system for video games in the UK.
- Ofcom which regulates TV, radio, telecommunications and postal sectors
Handout for the Introduction to Intellectual Property for Commercial LawyersJane Lambert
This is the handout for my talk to Manchester Trainee Solicitors Group on 29 April 2015. It highlights the main points of my presentation and provides space for attendees to make their own notes.
This document discusses counterfeiting and its economic impacts. It defines counterfeiting according to the TRIPS agreement and describes the nature of counterfeiting as a civil, criminal and administrative offense. It estimates the global value of counterfeiting at $461 billion in 2013 according to the OECD and discusses domestic production estimates. The impacts of counterfeiting include costs to industries, loss of jobs and tax revenue, impacts on consumer safety, and links to organized crime. A case study examines counterfeit pharmaceuticals and the risks during the COVID-19 pandemic. Moving forward, companies are taking proactive roles through anti-counterfeiting policies, technologies, and legal enforcement.
Combating Counterfeits: Legal Enforcement ‘Tools’ Available - Trainerpzulueta
This document summarizes a presentation on combating counterfeit electronic parts through increased legal tools and enforcement efforts. It outlines current US criminal laws against trafficking counterfeit goods and labels. Proposed legislation aims to strengthen customs authorities to seize more counterfeits and increase information sharing. Regulators may require contractors to prove they are not buying or selling counterfeit IT products. International agreements obligate trading partners to enforce intellectual property rights at customs. Additional enforcement tools include registering trademarks abroad, using government advocates, and understanding foreign enforcement systems. Companies can help by having anti-counterfeiting training and education programs and raising awareness overseas.
This document discusses intellectual property rights (IPR) transfers between US and foreign companies. It provides several reasons why companies transfer IPR, such as licensing trademarks or knowhow to foreign companies in exchange for fees. The document also discusses international treaties that help standardize and protect IPR, such as the Paris Convention (for patents and trademarks), the Patent Cooperation Treaty, European Patent Convention, Madrid Protocol (for trademarks), and the Uniform Domain Name Dispute Resolution Policy. These treaties aim to reduce discrimination against foreign IPR holders and establish common application processes across multiple countries.
The document discusses various methods for transferring intellectual property rights (IPR), such as licensing agreements, joint ventures, and shifting production offshore. It also summarizes international treaties and organizations that help standardize and protect IPR across borders, such as the Paris Convention, Patent Cooperation Treaty, World Intellectual Property Organization, and agreements regarding trademarks, patents, and domain names. Key aspects covered include priority claims, centralized application processes, minimum standards of protection, and enforcement mechanisms.
The TRIPS Agreement establishes minimum standards of protection for intellectual property rights that all WTO members must adhere to. It was negotiated during the Uruguay Round and incorporated into the WTO. The TRIPS Agreement covers copyright, trademarks, geographical indications, industrial designs, patents, trade secrets and more. It introduced intellectual property rules into the international trading system for the first time. Developing issues around TRIPS continue to be negotiated at the WTO.
The document discusses intellectual property law in California. It summarizes that Congress has the power to establish patent and copyright laws, while states can pass additional laws to protect intellectual property. California specifically allows for actions related to conversion, misappropriation, and breach of contract regarding intellectual property. The document also discusses how the California Attorney General's office investigates antitrust cases involving intellectual property and prosecutes intellectual property crimes.
Intellectual Property Rights - Mauritian LegislationAshesh R
The document discusses various forms of intellectual property rights (IPR) including copyright, patents, trademarks, trade secrets, and other rights. It defines these concepts, provides examples, and discusses how they are implemented in Mauritian legislation and international treaties. Specific issues covered include software patents, trademark protection for domain names, trade secret protection in IT, database rights, and integrated circuit layout designs.
"Innovations" of copyright and intellectual propertiesWendy Lile
This document discusses innovations in copyright and intellectual property laws. It covers the types of intellectual property protections including copyrights, patents, and trademarks. It then discusses the application processes and statistics for these protections. The document also examines restrictive technologies like digital rights management (DRM) and piracy laws, and how they impact content distribution and mobile access. It concludes by arguing that current intellectual property restrictions mainly benefit large international businesses, rather than individual creators or the U.S. economy.