By Min Wu

The United States Patent and Trademark Office (USPTO) announced the creation of a new Office of International Patent Cooperation, according to IP-Watch. The new office aims at implementing international patent cooperation efforts in the United States and harmonizing patent systems. 

The new office will help “increase certainty of IP rights while reducing costs for our stakeholders,” said USPTO Deputy Director Michelle Lee in a statement. 

The achievements of USPTO in international patent cooperation include the Patent Prosecution Highway, the Global Patent Search Network, and the Cooperative Patent Classification system.

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April 11, 2014

By Min Wu

The European Parliament passed a new directive regulating the practice of authors handing their right to collect copyright licensing fees over to collective management organizations, according to IP-Watch. 

Under the new directive, the authors will be given the right to choose from different collective management organizations. The directive also sets clear deadlines for payment of the fees to the authors. Importantly, collective management organizations have to open up for alternative licenses such as Creative Commons. A European Union directive is a legislative act of the European Union, requiring the implementation by individual countries to achieve certain results.

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February 14, 2014

By Min Wu

North Face received a cease-and-desist letter from the Canadian Olympic Committee just before the opening of the Sochi Olympics, according to Bloomberg Law. The Canadian Olympic Committee claims that a line of clothing by North Face falsely associates itself with the Canadian Olympics Team. North Face, which is not a marketing partner of the Canadian or International Olympic Committee, decorated its clothing with the Canadian flag and a world map marked with Sochi’s location. Read more at the Globe & Mail. 

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February 11, 2014

By Min Wu

Apple has been seeking a trademark for “App Store” in Australia since the launch of its App Store service in 2008. According to ZDNet, the Federal Court in Sydney held a hearing to resolve the dispute between Apple and the Registrar of Trade Marks of Australia.

In the hearing, Apple attempted to show that the term has been inherently associated with its service by the public since 2008. To refute Apple’s position, the Registrar noted that “appstore” was registered as the trademark of another U.S. company well before the 2008 launch of Apple’s App Store.

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December 06, 2013

By Min Wu

The U.K. is implementing an E.U. directive into its domestic law, so that artists who performed on sound recordings will have the benefit of an extension of copyright protection from 50 to 70 years. According to Intellectual Property Watch, the U.K. Minister for Intellectual Property praised the implementation as bring “lasting benefits” for U.K.’s “world class recording artists.”

The E.U. directive was approved by E.U. member states in September 2011 and the U.K. government has implemented the directive on time. The directive also harmonizes the length of the copyright term for co-written works.

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November 28, 2013

By Min Wu

The role-playing card game “Legends of the Three Kingdoms,” also known as “San Guo Sha,” has been popular in China and is also being distributed in the U.S. However, according to the Italian publisher of the “Bang!” card game, “San Guo Sha” is a blatant copy of “Bang!”, though the Chinese game is set in ancient China instead of the Wild West.

According to Bloomberg Law, the Italian publisher sued the creator of “San Guo Sha” and its U.S. distributor in the Southern District of Texas for copyright infringement. However, even if the Italian publisher prevails on the merit of the case, enforcement of a foreign judgment in China will be a difficult issue.

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November 26, 2013

 By Min Wu

By Roland DG Mid Europe Italia | Flickr

On October 2, the United States signed a historic treaty intended to alleviate the book famine for more than 300 million blind or visually impaired persons in the world. The goal of the treaty is to create exemptions in the copyright laws of signatory countries, so that copyright holders such as book publishers cannot stand in the way of the creation and distribution of works in accessible formats.

The treaty, formally known as the World Intellectual Property Organization Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled (WIPO Marrakesh Treaty), was adopted in Marrakesh, Morocco by more than 150 countries on June 27, 2013. However, the treaty will not be effective until the legislatures of at least 20 countries ratify the treaty by incorporating it into their domestic laws.

Today, less than 5 percent of the books published globally each year are made available in accessible formats such as Braille, large print text, and audio books. Publishers charge royalties for the permission to convert books into such accessible formats, which adds to the already high cost of producing books and contributes to the book famine. A treaty that relieves the copyright burden on blind persons has been the goal since the initial treaty negotiations started in 1981.

According to WIPO Director General Francis Gurry, the WIPO Marrakesh Treaty is a “balanced treaty” that will “lead to real benefits for the visually impaired.” “A Miracle in Marrakesh,” said Mustapha Khalfi, the Morocco official who announced the treaty’s adoption.

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November 23, 2013

By Min Wu

Swiss authorities seized more than one million fake Pfizer Xanax anti-anxiety pills at Zurich Airport earlier this month, according to Bloomberg Law. The fake pills, which weighed more than 880 pounds, were intercepted while in transit from China to Egypt and were ordered to be destroyed.

Estimates suggest that each year more than 100,000 people around the world die from substandard and counterfeit medications. This seizure was part of a wider crackdown on counterfeit medicines posing public health threats.

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October 31, 2013

By Min Wu

In January 2013, the WTO Dispute Settlement Body gave Caribbean nation of Antigua and Barbuda the right to impose sanctions against the United States for blocking its online gambling services because the United States was found to be in violation of WTO rules and had failed to resolve the issue. As the small country has little to sanction without doing harm to itself, a suspension of U.S. intellectual property rights was permitted.

As reported by Intellectual Property Watch, a WTO Remedies Implementation Committee at Antigua and Barbuda held a meeting on October 23 with the goal of setting the plan for monetizing the suspended intellectual property rights. Antigua and Barbuda Prime Minister Baldwin Spencer described the implementation of the trade remedies as “an important international responsibility.”

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October 29, 2013

By Min Wu

The United States signed the World Intellectual Property Organization Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled (the WIPO Marrakesh Treaty) on October 2nd. However, Senate Republicans might create obstacles for ratifying the treaty, according to Intellectual Property Watch.

American Libraries explains that the WIPO Marrakesh Treaty was created for the purpose of making exceptions in copyright laws for the creation and distribution of accessible-format copies both domestically and across borders. The treaty was adopted this summer by a diplomatic conference of the World Intellectual Property Organization, which was held in Marrakesh, Morocco.

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October 28, 2013

By Min Wu

European Union in February approved plans to set up the first patent court, paving the way for a unified patent system and reducing the costs for patent applications. As Bloomberg Law reported, Google, Microsoft and at least 12 other companies sent a letter to EU institutions expressing concerns about the draft rules that will guide the operation of the new patent court.

The companies appreciated EU’s effort to establish a unified patent system, but warned that the draft rule might create significant opportunities for abuse. Among their concerns is that the rule is not clear enough on when or how a patent’s validity will be determined.

Read more at Bloomberg Law.

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October 03, 2013

By Min Wu

Foreign companies often fail to register the Chinese translations of their international trademarks in China, and competitors often piggy-back on their reputation by registering and using the translated Chinese trademarks. Chinese courts are traditionally reluctant to hold that the Chinese translations are “similar” to the registered trademarks in foreign languages, and the international trademarks holders cannot succeed in a trademark infringement proceeding.

As reported by mondaq.com, a recent Leroy-Somer case might give hope to the protection of the Chinese translations of international trademarks. In that case, the Superior People’s Court in Fujian Province confirmed the similarity between “LEROY-SOMER” and its Chinese translation “利莱森玛.” Selecting the Leroy-Somer case as a model case for intellectual property protection, the Supreme People’s Court noted that “the famous nature of the foreign language trademarks, the Plaintiff’s prior use of the Chinese translation version, and public recognition of the corresponding relationship between the foreign language trademarks and its Chinese language translation” are factors that favors a finding of similarity.

Read more at mondaq.com.

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October 01, 2013

By Min Wu 

During the opening of the 68th United Nations General Assembly, Brazilian President Dilma Roussef sent a warning to the United States over its state espionage activities. According to documents leaked by Edward Snowden, Brazilian citizens, companies, and government were the target of US intelligence services.

As Intellectual Property Watch reported, Roussef called the actions “a breach of international law,” and said that the right to safety of citizens of one country cannot override the fundamental human rights of citizens of another country. Roussef called for United Nation actions to regulate the conduct of states with regard to Internet technology.


Read more at Intellectual Property Watch.

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September 27, 2013

By Min Wu

The European Commission has conducted an investigation on China’s solar industry, and Reuters has an interesting piece on the results. The Commission has found that China broke World Trade Organization rules by handing out cheap loans, land, interest-free credit lines, and tax breaks to its companies.

However, Chinese companies told Reuters that economies of scale, not illegal subsidies, are what allow them to sell at lower prices than their European rivals. China has also accused Europe of subsidizing its solar industry by giving aid to final users of solar energy.

Read more at Reuters.

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September 01, 2013