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China: Court Announces Apple and Proview Settlement of iPad Trademark Dispute

(July 16, 2012) The Guangdong Higher People's Court announced earlier this month that Apple and Proview Technology (Shenzhen) Ltd. have settled their dispute over the rights to the iPad trademark in mainland China, with Apple paying Proview US$60 million. The resolution was first announced by the Higher Court's profile-verified microblog on July 1, 2012. (Guangdong […]

European Union: Parliament Rejects Anti-Counterfeiting Trade Agreement

(July 13, 2012) On July 4, 2012, the European Parliament (EP) voted against the Anti-Counterfeiting Trade Agreement (ACTA) that had been negotiated between the European Union, its Member States, and other countries, including Australia, Canada, Japan, Mexico, New Zealand, Singapore, Switzerland, and the United States. There were 478 Members of the Parliament who voted against […]

France: Google Reaches Agreements on E-Books with French Publishers Association and Authors Group

(June 15, 2012) On June 11, 2012, Google and the French Société des Gens de Lettres (SGDL) announced that they had signed an agreement that ends a lawsuit on copyright infringement begun against Google in 2006. The primary mission of the SGDL is to defend authors' copyrights. (La SGDL et Google ont signé un accord […]

China: Supreme People’s Court Issues Provisions to Aid Interpretation of Internet Copyright Infringement

(Apr. 25, 2012) On April 22, 2012, China's Supreme People's Court (SPC) issued draft provisions for public consultation, available on its website, concerning Internet copyright infringement. The 20-article provisions provide a judicial interpretation of what constitutes such infringement. (Public Consultation on Proposed Internet Copyright Infringement Regulations, CHINA DAILY (Apr. 22, 2012).) Among other measures, the […]

China: Measures for Compulsory Licensing of Pharmaceuticals Updated

(Apr. 23, 2012) Compulsory licensing of medicine patents, which allows drug manufacturers to use patents without the authorization of the patent owner if they meet specified legal requirements, is permitted under international treaties such as the World Health Organization's Agreement on Trade-Related Aspects of Intellectual Property Rights. Compulsory licensing of patented medicines in China has […]

European Union: Commission Requests Opinion of European Court of Justice on Legality of Anti-Counterfeiting Trade Agreement

(Apr. 20, 2012) On April 4, 2012, the European Commission referred the Anti-Counterfeiting Trade Agreement (ACTA) to the European Court of Justice (ECJ) for an opinion on the legality and compatibility of ACTA with certain fundamental rights. The rights in question include the right to freedom of expression and information, the right to personal data […]

Taiwan: Efforts to Expedite Patent Processing

(Apr. 5, 2012) Beginning on March 1, 2012, Taiwan launched a six-month trial program, the “Taiwan-Supporting Using the PPH [Patent Prosecution Highway] Agreement” (TW-SUPA). The purpose of the program is to accelerate the completion of first patent examination reports in Taiwan within six months and to encourage patent applicants to use the result to apply […]

European Union: European Court of Justice Rules on Illegal Downloading of Songs by Internet Users

(Apr. 4, 2012) On February 16, 2012, the European Court of Justice (ECJ) rendered an important judgment on the illegal downloading of songs by Internet users. The ECJ held that online social network sites cannot be forced to adopt the use of measures such as filtering systems in order to prevent the sites' users from […]

France: Law on Digital Exploitation of Unavailable Books

(Mar. 26, 2012) France's Law 2012-287, of March 1, 2012, on the Digital Exploitation of 20th Century Unavailable Books, was published in France's official gazette of March 2, 2012. (LOI n° 2012-287 du 1er mars 2012 relative à l'exploitation numérique des livres indisponibles du xxe siècle, LEGIFRANCE.) This Law adds a new chapter to the […]

European Union: ACTA Signed in Tokyo

(Feb. 7, 2012) On January 26, 2012, the European Union and 22 of its member countries signed the Anti-Counterfeiting Trade Agreement (ACTA), a controversial pact designed to tighten international controls on violations of copyright and other intellectual property laws. A signing ceremony was held in Tokyo, hosted by Japan's Ministry of Foreign Affairs. (Signing Ceremony […]