[Ip-health] Infojustice Roundup - August 27, 2012

Michael Palmedo mpalmedo at wcl.american.edu
Mon Aug 27 08:25:33 PDT 2012

Infojustice Roundup  


Judge Finds Samsung Infringed Apple iPhone and iPad Products


[by Sean Flynn] On August 25 Apple won a stunning victory in its
long-running patent battle with Samsung.  A jury in San Jose, California
decided for Apple on nearly all counts, finding Samsung liable for
willfully infringing Apple's patents covering the design of its iPhone
and iPad products, as well as features like "tap to zoom" and other
finger-sliding commands. Samsung was unsuccessful in asserting its own
patents, mostly covering wireless telecommunications standards, against
Apple. The jury assessed more than $1 billion in damages against
Samsung, an amount that could be further increased by the judge. Even
more critically, a hearing has been set for Sept. 20 to determine
whether the court will issue an injunction preventing the sale of
Samsung's products in the US.  American University faculty will hold
webcast event today at noon on the decision and its implications for
intellectual property law and litigation as well as for technology
markets.  Click here for more. <http://infojustice.org/archives/26960> 


News and Blogs on the Trans Pacific Partnership Agreement


*         USTR is still accepting public comments on the entry of Canada
and Mexico into the TPP negotiations, and accepting requests to testify
at an upcoming public hearing. The deadline is September 4th, and
instructions for submitting comments can be found here
<http://infojustice.org/archives/26669> . 

*         Inside U.S. Trade reports that USTR has asked business "to
more clearly identify their highest priorities for the Trans-Pacific
Partnership (TPP) negotiations and the areas where perhaps they could be
more flexible."

*         Caudio Ruis from Derechos Digitales warns
<http://infojustice.org/archives/27022>  that the increased standards of
copyright protection could lead to serious consequences to fundamental
rights on the internet.

*         Rashmi Rangnath (Public Knowledge) and Peter Maybarduk (Public
Citizen) warn <http://infojustice.org/archives/26956>  that overly
strong intellectual property protection in the TPP may harm many
innovative industries.  

*         Carolina Rossini and Kurt Opsahl (EFF) warn
put-your-rights-risk>  that the leaked TPP copyright text "mandates a
system of ISP liability that goes beyond the US Digital Millennium
Copyright Act (DMCA) standards and US case law."

*         Eric Stadius and Elizabeth Briggs (Council on Hemispheric
Affairs) warn
e-trade-at-what-costs-analysis/>  that the IP provisions in the leaked
text will "alter the ability to access information and vital resources
for developing countries."


Opposition to Peruvian computer crimes legislation


Over 5,000 people have used the Access Speakout platform to send
messages to Peruvian legislators voicing concern over the nation's
controversial computer crimes bill.  The legislation's critics warn that
the legislation would criminalize user actions that are not illegal in
other settings (such as possession of certain technologies with legal
uses), force internet companies to provide user identities to
authorities, and apply disproportionate punishments for property crimes.
Click here for more. <http://infojustice.org/archives/26944> 


WIPO Announces Research Agreements through Re:Search for R&D to Fight
Neglected Diseases


AstraZeneca has concluded research agreements with the South African
firm iThemba, the University of Dundee and the University of California
at San Francisco through WIPO's "Re:Search" program. A WIPO press
release announced that agreements will enhance the "study novel
treatments for Chagas disease, sleeping sickness, schistosomiasis (snail
fever), and tuberculosis." Under the terms of WIPO Re:Search,
organizations agree to make "available intellectual property assets
(such as pharmaceutical compounds, drug discovery technologies,
regulatory data, and know-how), to qualified researchers anywhere in the
world on a royalty-free basis, provided the research is focused on
neglected tropical diseases, malaria, and tuberculosis. Any products
resulting from this research will also be royalty-free for sales in
least developed countries (LDCs)."  Click here for more.


Google Sees Spike in DMCA Takedown Requests


TorrentFreak reports:"The massive wave of DMCA takedowns sent by
rightsholders to Google in recent months is growing at an astonishing
rate. During the past month the number of takedown requests received by
the search giant doubled to almost 1.5 million URLs per week. To put
that into perspective, exactly one year ago weekly URL takedowns
numbered just 131,577 per week, an increase of 1,137%." Click here for
the full blog on TorrentFreak.


Consumers International IP Watchlist 2012 - India Report


[by Prenesh Prakash] India's Copyright Act is a relatively balanced
instrument that recognises the interests of consumers through its broad
private use exception, and by facilitating the compulsory licensing of
works that would otherwise be unavailable. However, the compulsory
licensing provision have not been utilized so far, because of both a
lack of knowledge and more importantly because of the stringent
conditions attached to them. Currently, the Indian law is also a bit out
of sync with general practices as the exceptions and limitations allowed
for literary, artistic and musical works are often not available with
sound recordings and cinematograph films. There are numerous other such
inconsistencies. Positively retrogressive provisions, such as
criminalisation of individual non-commercial infringement also exist.
Click here for more. <http://infojustice.org/archives/27015> 


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