NOPR Collection:

Using YouTube: Practical Consequences of the Approach Adopted by EU Copyright Law

2013-12-09T16:40:39Z

Title: Using YouTube: Practical Consequences of the Approach Adopted by EU Copyright Law Authors: Gavrilovic, Nenad Abstract: EU copyright law, in connection with exceptions and limitations to copyright, is far from harmonized. This paper examines exceptions and limitations in EU copyright law, with regard to the feasibility of the system established by the InfoSoc Directive. Factual situations of everyday use of works via YouTube and similar sites have been presented in order to establish whether the legal treatment of such uses as infringement of copyright is really the right path to take. Following the review of current developments in EU copyright policy, the paper argues the need for a system of copyright in which holders enjoy more limited rights. Nevertheless, due to the evident political infeasibility of the proposal, the paper argues the introduction of a general and broad fair use exception which would amount to a system of copyright protection which better aligns with the expectations and actual activities of ordinary people. Page(s): 556-565

Determining Design Patent Similarity Based on the Ordinary Observer Test

2013-12-11T16:40:24Z

Title: Determining Design Patent Similarity Based on the Ordinary Observer Test Authors: Chen, Rain; Kuo, Hsien-Tsung; Wang, Ming-Hong Abstract: An era of industrial competitiveness is being unveiled as the number of patent applications continues to increase in Taiwan, and now design patent rights have become a major competitive domain for mature products. The focus of this study is to analyse through questionnaires, the public perception on whether products with similar appearance or external design would be deemed infringing. The study chose five benchmark cases of design patent infringement as study samples. A total of 126 questionnaires were distributed, and 117 of them were returned and valid. The results indicated that when the similarity level rated by test subjects is greater than 79 per cent, the ruling is likely to favour infringement whereas if the level of similarity is rated lower than 44 per cent, infringement will not be established. The results are fully consistent with judicial decisions. This ordinary observer test panel on the similarity level can be used to predict the result of a design patent litigation. Page(s): 548-555

Strategic Dimensions of International Patent Litigation – The Experience of Taiwanese Firms in the US Legal Jurisdiction

2013-12-07T16:39:35Z

Title: Strategic Dimensions of International Patent Litigation – The Experience of Taiwanese Firms in the US Legal Jurisdiction Authors: Lo, Chih Cheng Abstract: This paper aims to assess the characteristics and impact of patent disputes by investigating cases of litigation between Taiwanese and US firms. The research reported is based on a design that combines insights gained from interviews with an in-depth case study of two significant US International Trade Commission (ITC) actions. In the former, semi-structured interviews were conducted in six firms while in the latter, the strategic response and potential impact of US patent disputes of two significant ITC investigations associated with Taiwanese firms were analysed to unravel the impact and strategic dimensions of cross border patent litigation. This paper finally arrives at recommendations to reconcile the strategic dimensions of patent litigation in an international trade environment. Page(s): 534-547

The Tale of Viagra Patents: Comparative Studies of the Global Challenges in China and Other Countries

2013-12-09T16:40:21Z

Title: The Tale of Viagra Patents: Comparative Studies of the Global Challenges in China and Other Countries Authors: Liu, Yinliang Abstract: When Pfizer patented its new discovery of second medical use of sildenafil globally for Viagra, it met extensive challenges in many countries, with reasons of, among others, obviousness and insufficient disclosure. As ruled by the courts or patent offices in several countries, patent claims should not go beyond what the inventor disclosed to the public, or it may violate the basic rationale of the patent system and be challenged. The story of the Viagra patent in China was uniquely significant. When the Patent Reexamination Board invalidated the Viagra patent, China received unusual criticism which believably imposed influence upon the judicial decisions. Transnational corporations and their agents were advised to respect and not try to interfere with administrative and judicial procedures in China, which might help establish a fair and efficient judicial system that would benefit both domestic and international parties in a long run. The reasons leading to such extensive failure of the Viagra patents in many countries, especially in a time of enhanced global IP protection are explored in this paper. Page(s): 523-533