IPwars.com

Mainly intellectual property (IP) issues Down Under

ACTA-phobes

The “gang” secretly negotiating ACTA (the Anti-Counterfeitng Treaty) is starting to attract increasingly organised opposition:

*  “100 groups” (ranging from the EFF in the USA to the Australian National University to …) have signed a “letter” challenging much of what is (assumed) to be going on behind closed doors

* China, supported by Brazil and India, amongst others, has launched a campaign to force ACTA back into WIPO

Of course, one might speculate that the developing countries or the “South” (in a non-US civil war sense) might feel they have better voting prospects in WIPO than, say, a treaty which is being negotiated without them by, apparently,  Australia, Canada, European Union, Japan, Jordan, Korea, Mexico, Morocco, New Zealand, Singapore, Switzerland, United States, and the United Arab Emirates.  Then again, one might wonder if that will dissuade the gang of 13 (if one may count the EU as “one”) from rushing headlong onwards?

Is it a trade mark?

Sydney 2000?

Athens 2004?

World Cup 2006?

Beijing 2008?

According to OHIM’s Board of Appeal, World Cup 2006 and related labels like Germany 2006 are descriptive and lack distinctive character.  Accordingly, it ordered their registration as trade marks cancelled.  IPKat has more details here.

May be Parliament was on to something when it enacted the Olympic Insignia Protection Act 1987.

Imagine what would happen if someone did something like this to AFL Grand Final or Formula 1 Grand Prix?

ACTA DownUnder

It seems DFAT has been considering ACTA since December 2007.

An overview here and here.

Now, DFAT has called for submissions and has flagged these as interesting topics.

Lid dip, Cheng Lim.

Meanwhile, IPKat reports of a UK Intellectual Property Office consultation paper on penalties for copyright infringement.

IPKat also draws attention to some further EU perspective on counterfeiting here (scroll down to 7.2).

International agendas

WTO and EU …

IP Watch reports that IP is on the agenda next week (beginning 21 July) in the DOHA negotiations and identifies key issues raised by a “regional groupings such as African, Caribbean and Pacific developing nations in league with Brazil, China, India and Europe” here.

More GIs and better acknowledgement of traditional knowledge seem to be the main concern. Australia is one of the opponents – which makes sense at least in respect of GIs.

Also, IP Watch reports on IP developments in the EU including an extension of term for copyright in sound recordings (also known as Cliff Richard’s superannuation?) Get ready for pressure to increase copyright protection here by another 25 years! IPKat’s take here.

There is also a discussion paper on copyright exceptions on the internet. One might hope that this means they have discovered they have gone too far, but where the EU is concered it usually means that copyright owners’ rights need to be improved.

Then, there is to be an investigation into the quality of industrial property rights.

The IP News report has links to the EU papers.

%d bloggers like this: