- WTO decision ( 30 August 2003) removes final patent obstacle to cheap drug imports making it easier for poorer countries to import cheaper generics made under compulsory licensing . WTO member governments broke their deadlock over intellectual property protection and public health and settled the one remaining piece of unfinished business on intellectual property and health that was left over from the WTO Ministerial Conference in Doha in November 2001.
The decision waives countries' obligations under a provision of the WTO's intellectual property agreement. Article 31(f) of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement says that production under compulsory licensing must be predominantly for the domestic market. This effectively limited the ability of countries that cannot make pharmaceutical products from importing cheaper generics from countries where pharmaceuticals are patented. The decision covers patented products or products made using patented processes in the pharmaceutical sector, including active ingredients and diagnostic kits.
See www.wto.org for further information on this decision and an explanation on the Doha Declaration on TRIPS and Public Health
- The Recording Industry Association of America (RIAA) launched its long anticipated legal assault on file swappers by filing 261 civil lawsuits (8 September) against individuals accused of illegally distributing copyrighted music through peer-to-peer (P2P) networks.
According to the RIAA the lawsuits were filed only against "substantial" violators, i.e. those who distributed, on average, 1,000 or more copyrighted works. Individuals accused of distributing copyrighted files on P2P Networks Kazaa, Grokster, Imesh, Gnutella, and Blubster were targeted in this initial round. Under U.S. law, damages for copyright violations range from $750-$150,000 per copyrighted work infringed.
The RIAA also announced it is starting an amnesty program for those who voluntarily identify themselves and pledge to stop illegally sharing music on the Internet.
The RIAA estimates there are more than 2.5 billion illegal downloads of copyrighted songs every month and blames the continuing slumping in CD sales on music piracy. In July 2003 the RIAA promised to file lawsuits against alleged infringers, but not before sending more than four million instant messages directly to suspected infringers warning them to cease and desist.
Webcaster Alliance, an organisation of 400 music broadcasters has filed a Federal lawsuit against the Recording Industry Association of America (RIAA) claiming that the RIAA have violated antitrust laws by setting royalty rates for the internet.
- Eolas Technologies Inc has won its browser lawsuit against Microsoft (August 2003), which has been ordered to pay USD520.6 million in damages for infringing patents owned by University of California and licensed to Eolas Technologies .
Eolas was founded in 1994 and headed by Dr Michael Doyle, a former professor at the University of California. Since its formation the company has focused on the development of application platforms, information security systems and biometrics. Eolas, lodged its case against Microsoft in 1999 on the grounds that Microsoft had used Eolas-patented technology such as plug-ins, applets and scriptlets in Internet Explorer, which was bundled with the more than 350 million copies of Windows 95 and Windows 98 sold between 1998 and 2001. Eolas argued that the use of its technology enabled Microsoft to compete with the Netscape Navigator browser.
During the court proceedings, Eolas said that if Microsoft had not used the start-up's technology without paying the royalties due, Eolas may have been able to develop its own browser to compete more vigorously with Microsoft's Internet Explorer. Microsoft denied that it used Eolas' intellectual property and claimed that the technology developed by Eolas did not work.
Microsoft plans to appeal and meanwhile is reported to have advised web site developers to adopt alternative technologies.
However there is a general consensus within the web community that the technology could effect core web technologies, including plugins for multimedia websites, Java applets, and Microsoft's ActiveX controls. If Eolas decide to pursue other alleged infringers then web development tools and other browsers, including Netscape and Opera, will have to be modified and many existing websites will have to be rewritten.
In August the World Wide Web Consortium held an emergency meeting to discuss the impact of the case. Already many mailing lists, websites and technically-focused weblogs contain comments, background and occasional wild speculations about how the web will need to change.
The latest (September 2003) is that a US judge has rejected Microsoft's post-trial claim that Eolas misrepresented the facts in its patent case against Microsoft. Microsoft claimed there existed prior technology in the market that Eolas had not disclosed to the US patent examiner.
- The European Commission clears Philips/Sony CD licensing program (IP/03/1152 7 August 2003).
The European Commission has cleared a set of bilateral agreements establishing the worldwide Philips/Sony CD Disc Licensing Program. The Comission also cleared a standard joint licence agreement modified following discussions with the Commission. The Standard joint licence agreement covers patents held by either Philips or Sony and which are essential to manufacture several standard types of pre-recorded CD discs.
See:http://europa.eu.int/rapid/start/cgi/guesten.ksh?p_action.gettxt=gt&doc=IP/03/1152|0|RAPID&lg=EN
- Peer International Corporation v Thermidor Music Publishers Ltd [2003] EWCA Civ 1156, CA (30 July 2003). Proceedings relating to the ownership of the United Kingdom copyright in certain Cuban musical works. Peer's claim to ownership depended upon assignments made between the 1930s and the 1950s with the Cuban composers (and in some instances their heirs) and documents signed in about 1989 or 1990. These initial agreements were effective to transfer title to the copyright. Cuban Law 860 did not deprive the claimant of such copyright ownership.
See: http://www.courtservice.gov.uk/judgmentsfiles/j1944/peer_v_termidor.htm
- Jordan Grand Prix Ltd v Vodafone Group PLC [2003] EWHC 1965 (Comm) 4 August 2003. A claim for breach of an alleged sponsorship contract was dismissed as no binding agreement existed.
Action by Jordan for damages for breach by Vodafone of an alleged contract to sponsor Jordan Formula One team. Jordan claimed that Vodafone's global brand director agreed to sponsor Jordan for 2002-2004 and agreed all the principal terms verbally during telephone conversation with Managing Director of Jordan. Vodafone denied any such contract had been reached.
See: http://www.courtservice.gov.uk/judgmentsfiles/j1937/jordan_v_vodafone.htm
- Dutch electronics firm Philips became the first applicant to file a fully electronic international application (25 August 2003) under the Patent Cooperation Treaty (PCT) with WIPO as receiving office using PCT-SAFE (Secure Applications Filed Electronically) software.
This filing marks the start of the transition out of the pilot test phase for PCT-SAFE software which began on 27 November 2002. It is anticipated that the the software will be available for all users of the PCT by the end of 2003.
See http://www.wipo.int/pct-safe/en/index.htm for information and developments on PCT-SAFE.