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eBay Scores Victory in Internet Trademark Case

eBay Scores Victory in Internet Trademark Case EBay scored a major legal victory on Monday when a federal judge absolved it of taking more steps to police fake Tiffany jewelry sold on its website and held that brand owners are ultimately responsible for protecting their own trademarks. "It is the trademark owner's burden to police its mark and companies like eBay cannot be held liable for trademark infringement," wrote Judge Richard Sullivan.

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Roche Seeks Compulsory License for Anemia Drug, Citing Benefit of Price Competition

Roche Seeks Compulsory License for Anemia Drug, Citing Benefit of Price Competition The FDA approved Roche's Mircera for the treatment of anemia associated with chronic kidney disease in November 2007, but a jury soon found that Amgen's patents for Epogen and Aranesp were infringed by Roche's product. Judge William G. Young, in response to Roche's contention that the public interest would be served by the reduced drug price that would inevitably result from competition between Roche and Amgen's products, said he might be willing to modify an injunction and let Roche go forward with Mircera sales if it met certain conditions.

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PIJIP and the AU Center for Social Media Release Best Practices in Copyright and Fair Use for User-Generated Content

PIJIP and the AU Center for Social Media Release Best Practices in Copyright and Fair Use for User-Generated Content PIJIP announces the release of a new code of best practices in fair use for creators in the burgeoning online video environment. Collaboratively created by a team of media scholars and lawyers, these best practices will allow users to make remixes, mashups, and other common online genres with the knowledge that they are staying within copyright law. As online providers have begun to negotiate with media companies, a consensus has emerged that fair use should be protected. Before the code's release, there was no clear statement about what constitutes fair use in online video.

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Tech Giants Join Together to Head Off Patent Suits

Tech Giants Join Together to Head Off Patent Suits Several tech-industry heavyweights are banding together to defend themselves against patent-infringement lawsuits. Their plan: to buy up key intellectual property before it falls into the hands of parties that could use it against them, say people familiar with the matter. Verizon, Google, Cisco, Telefon, Ericsson and Hewlett-Packard are among the companies that have joined a group calling itself the Allied Security Trust.

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Ways and Means Democrats Urge USTR to Strike Balance Between Patent and Public Health Issues in Upcoming Trade Negotiations

Ways and Means Democrats Urge USTR to Strike Balance Between Patent and Public Health Issues in Upcoming Trade Negotiations Ways and Means Committee Chairman Charles B. Rangel and Trade Subcommittee Chairman Sander M. Levin joined fellow Committee Members Rahm Emanuel and Chris Van Hollen in a letter today urging the United States Trade Representative (USTR) to strike a balance between patent and public health issues in upcoming trade negotiations. The letter outlined the members’ concerns that current efforts are not adequately addressing the need to improve public health, particularly in developing nations.

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In Lawsuit, Georgia State Asserts That Downloading Copyrighted Texts Is Fair Use

In Lawsuit, Georgia State Asserts That Downloading Copyrighted Texts Is Fair Use In a closely watched copyright-infringement lawsuit, Georgia State University fired back this week at its accusers, three academic publishers that say the institution invites students to illegally download and print readings from thousands of works. The university asserts that its online distribution of course material is permitted under copyright law's fair-use exemption.

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Consumer Groups Defend Vermont Prescription Data Privacy Law

Consumer Groups Defend Vermont Prescription Data Privacy Law Washington, D.C. (June 23, 2008) – Vermont’s law restricting the sale of prescription drug information that identifies prescribers and patients for commercial marketing purposes does not restrict free speech and serves substantial governmental interests, according to a brief to be filed today by an American University Washington College of Law professor on behalf of AARP and organizations representing physicians, state legislatures, consumers and public policy advocates.

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The Constitutionality of Massachusetts' Legislation to Ban Data Mining


Opponents of the Massachusetts ban on data mining claim that it violates the First Amendment rights of data miners. However, this law is not unconstitutional due to a key distinction between commercial speech and consumer surveillance. Only the former is protected by the First Amendment.

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Getting to Know Your Code of Best Practices


The July 7 release of the new “Code of Best Practices in Fair Use for Online Video” (coordinated by the Center for Social Media and PIJIP) has given rise to an important question about how to interpret the document’s six “Principles” and their associated “Limitations.” So it may be worth noting that all the principles also are subject to some general limiting considerations.

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Negotiations for an Anti-Counterfeiting Trade Agreement raise concerns


The US, EU and eleven other developed countries have initiated talks to form an Anti-Counterfeiting Trade Agreement (ACTA). The talks have been confidential, and no formal text is available, but a “Discussion Paper” circulated among participants was leaked and is now available on the web.

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Supreme Court Reaffirms Principles of Patent Exhaustion in Quanta Computer v. LG Electronics, No. 06-937


In a widely anticipated case, the Supreme Court issued a unanimous but narrow decision holding that the sale by an authorized licensee (Intel Corp.) of computer microprocessors and chipsets that “substantially embodied” LGE’s patented methods of retrieving, processing, and transferring stored data “exhausted” LGE’s patent rights, and thus the purchaser of the microprocessors and chipsets (Quanta) was not liable for selling completed computers that integrated the microprocessors and chipsets.

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Overview of the Human Rights and Access to Medicines Legal Education Initiative


Last month, I traveled to South Africa to launch a new Human Rights and Access to Medicines Legal Education Initiative. The objectives of the Initiative, which is sponsored by the Open Society Institute, is to create (1) an annual short course on Human Rights and Access to Medicines at the University of Pretoria's Center for Human Rights, and (2) a student advocacy project to assist advocates develop human rights strategies to complement and amplify access to medicines campaigns.

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Views on the 61st World Health Assembly Adoption of 'Global Strategy on Public Health, Innovation and Intellectual Property'


On 24 May 2008, the 61st World Health Assembly, the World Health Organization’s highest governing body, adopted the Global Strategy on Public, Innovation and Intellectual Property. This blog entry contains a collection of quotes from civil society and government officials on the negotiations and the final document.

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U.S. Competition Policy Frequently Deployed to Remedy Anti-Competitive Practices Related to Pharmaceutical Patents


U.S. competition authorities often issue compulsory licenses in conjunction with merger approval decisions, as a means to ensure competition in particular markets is maintained post-merger. Competition authorities have repeatedly prosecuted cases to prohibit collusive arrangements between patent holders and generic firms that are designed to delay generic competition.

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En Banc Federal Circuit Addresses Patentable Subject Matter in In re Bilski.


The Federal Circuit heard oral argument yesterday on a case addressing a three-step method of hedging commodities consumption price risks. The claim requires that a person initiate transactions with commodities purchases at a fixed price based on historic averages, identify other purchasers having a different risk position, and then initiate transactions with those other purchasers.

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Suspending IP Obligations Under TRIPS: A Viable Alternative to Enforce Prevailing WTO Rulings?


In two recent prominent disputes in the World Trade Organization (WTO), developing country complainants are using the WTO Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) to induce compliance with favorable WTO rulings. Brazil in the US – Cotton dispute and Antigua in the US – Gambling case announced their intention to “cross-retaliate” against WTO-inconsistent measures of the US by suspending obligations under TRIPS. This approach can offer a practical alternative enforcement mechanism especially for developing countries and smaller economies in disputes against (industrialized) countries with significantly greater economic power in international trade.

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PIJIP Snapshot of Industry Influence on the 2008 Special 301 Report


PIJIP has compared the US Trade Representative's 2008 Special 301 Report to input it received from the copyright-owner and pharmaceutical industries. The Special 301 Report identifies IP policies and practices in foreign countries which the US government considers harmful to American IP owners. The PIJIP comparison shows that the US government is fairly responsive to industry, although some industry recommendations carry more weight than others.

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