Federal Court of Appeal Rules ISPs Not Broadcasters

The Federal Court of Appeal in Canada held that Internet service providers can not be considered broadcasters within the context of the Broadcasting Act of Canada.  The case on the point is the outcome of last year's CRTC New Media decision. In the said decision many cultural groups called by the Commission to establish an ISP levy to fund Canadian content.  The ISPs argued that such a levy was illegal since they fell under the Telecommunications Act, not the Broadcasting Act.  The cultural groups argued that ISPs should be considered broadcasters in the case of the transmission of video programs.  The CRTC punted the issue to the Federal Court of Appeal.

The Federal Court of Appeal sided with the ISPs, ruling that providing access to broadcasting is not the same as broadcasting.  So long as ISPs maintain a content-neutral approach, they fall outside of the Broadcasting Act and should not be expected to play a role in promoting the policies found in the legislation.  The case is a huge win for the ISPs and - subject to an appeal to the Supreme Court of Canada or a legislative change - puts an end to the ISP levy proposal.  The case is also noteworthy from a net neutrality perspective, since the court emphasized that ISPs fall outside the Broadcasting Act so long as they remain content-neutral. 

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Dr.Tabrez Ahmad,
Associate Professor of Law, KIIT Law School
KIIT University, PATIA, Bhubaneswar, Odisha, India, 751024.
Website: www.site.technolexindia.com
Blog: http://tabrezahmad.technolexindia.com http://iplexindia.blogspot.com
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Research Papers: http://ssrn.com/author=1189281

Legal Implications of the convergence of IT, Telecom and Broadcasting

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Due to convergence of Telecommunication, broadcasting and information technology there is a big challenge to manage the rights and obligations on the internet.Technology convergence is a natural process which will continue by its own pace. Which is making the boundaries blurred among the different aresa which were earlier quite different from itself. Still we are governing the fast moving media by the Telegraph Act 1885. As the Communication and Convergence Bill 2001 is still pending in the parliament. If the proposed Bill becomes a reality it will repeal the five Acts The Telegraph Act 1885, Cable Television Act 1996, Telecom Regulatory Authority of India Act 1995, Wireless Telegraphy Act etc. This reflects the seriousness required before passing the Bill in evaluating all the stake holders and probable affected parties.So the select committee which is right now working on the proposed Communication and Convergence Bill should make serious research and also involve the experts in the filed before taking any final decision on the Bill.If the Bill is passed without serious research it may provoke a havoc in the cyberworld. Hope the committe takes a serious note of it .

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ICC and INTA Oppose De Minimis Provision in ACTA

The International Trademark Association (INTA) and International Chamber of Commerce have issued a notice on ACTA urging countries to drop the de minimis provision that is designed to allay fears of iPod searching border guards.  The two associations argue that the exception "sends the wrong message to consumers."

For Further details click here

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Dr.Tabrez Ahmad,
Associate Professor of Law, KIIT Law School
KIIT University, PATIA, Bhubaneswar, Odisha, India, 751024.
Website: www.site.technolexindia.com
Blog: http://tabrezahmad.technolexindia.com http://iplexindia.blogspot.com
Profile: http://www.google.com/profiles/tabrezahmad7.
Blogs: http://www.blogger.com/profile/15337756250055596327
Blog: http://drtabrez.wordpress.com
   http://tabrezahmad.typepad.com/blog/
Research Papers: http://ssrn.com/author=1189281

Meet in to Discuss Copyright in the Internet Economy by Public and Private Sector Leaders in USA

On Thursday, 1st July, 2010, U.S. Commerce Secretary Gary Locke gathered with leaders from the public and private sectors to discuss the relationship between copyright policy, creativity and innovation in the Internet economy as part of a symposium co-hosted by the Commerce Department's United States Patent and Trademark Office (USPTO) and the National Telecommunications and Information Administration (NTIA) at the Ronald Reagan Building and International Trade Center.

The day-long symposium included discussion of online copyright policy in the United States, specifically the impact of current copyright laws, existing and emerging techniques used to illegally distribute and obtain protected works, the extent and economic impact of infringement, and the role of emerging business models for legitimate distribution of content. During the symposium, it was announced that the Department of Commerce will issue a Notice of Inquiry (NOI) this month seeking public comment on the effectiveness of copyright law, and ultimately will issue a report which will contribute to the Administration's domestic policy and international engagement in the area of online copyright protection.

"The United States simply must get back to cultivating industries and lines of scientific discovery that provide long-term benefits to society and spur sustainable innovation," said Secretary Locke. "We have to find the sweet spot on Internet policy—one that ensures the Internet remains an engine of creativity and innovation, and a place that discourages piracy of copyrighted works."

In addition to Secretary Locke, featured speakers included U.S. Intellectual Property Enforcement Coordinator Victoria Espinel, Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos, Assistant Secretary of Commerce for Communications and Information Lawrence E. Strickling and other senior Obama Administration officials. The conference also included five panel discussions with participants representing the views of different stakeholders.

The Department of Commerce has assembled an Internet Policy Task Force whose mission is to identify leading public policy and operational challenges in the Internet environment. Recognizing the vital importance of both intellectual property rights and the Internet to U.S. creativity and innovation, the Department has made it a top priority to ensure that both remain a vehicle for these important purposes.

This effort is to that end. The Task Force is conducting similar reviews of cybersecurity, the global free flow of information goods and services, and information privacy.

Additional information on the symposium is available on the Internet Policy Task Force Web siteand the USPTO's Web site.

 Source: http://www.ipwatchdog.com 3^rd July 2010

--
Dr.Tabrez Ahmad,
Associate Professor of Law, KIIT Law School
KIIT University, PATIA, Bhubaneswar, Odisha, India, 751024.
Website: www.site.technolexindia.com
Blog: http://tabrezahmad.technolexindia.com http://iplexindia.blogspot.com
Profile: http://www.google.com/profiles/tabrezahmad7.
Blogs: http://www.blogger.com/profile/15337756250055596327
Blog: http://drtabrez.wordpress.com
   http://tabrezahmad.typepad.com/blog/
Research Papers: http://ssrn.com/author=1189281

ConferenceLex (Call for Papers): CII & APTDC, National Conference on Building Next Practices of IP Management

ConferenceLex (Call for Papers): CII & APTDC, National Conference on Building Next Practices of IP Management

Dr.Tabrez writes about the ever-expanding world of Intellectual Property Law,Cyberlaw,Corporate Law including burning issues of other areas of National and International Importance.

The Bilski Case is Finally Decided

 

          The court held that the Bilski's application was not statutory subject matter:

Petitioners' remaining claims are broad examples of how hedging can be used in commodities and energy markets. Flook established that limiting an abstract idea to one field of use or adding token post solution components did not make the concept patentable. That is exactly what the remaining claims in petitioners' application do. These claims attempt to patent the use of the abstract idea of hedging risk in the energy market and then instruct the use of well-known random analysis techniques to help establish some of the inputs into the equation. Indeed, these claims add even less to the underlying abstract principle than the invention in Flook did, for the Flook invention was at least directed to the narrower domain of signaling dangers in operating a catalytic converter.

* * * 

Today, the Court once again declines to impose limitations on the Patent Act that are inconsistent with the Act's text. The patent application here can be rejected under our precedents on the unpatentability of abstract ideas. The Court, therefore, need not define further what constitutes a patentable "process," beyond pointing to the definition of that term provided in §100(b) and looking to the guideposts in Benson, Flook, and Diehr.

And nothing in today's opinion should be read as endorsing interpretations of §101 that the Court of Appeals for the Federal Circuit has used in the past. See, e.g., State Street, 149 F. 3d, at 1373; AT&T Corp., 172 F. 3d, at 1357. It may be that the Court of Appeals thought it needed to make the machine-or-transformation test exclusive precisely because its case law had not adequately identified less extreme means of restricting business method patents, including (but not limited to) application of our opinions in Benson, Flook, and Diehr. In disapproving an exclusive machine-or-transformation test, we by no means foreclose the Federal Circuit's development of other limiting criteria that further the purposes of the Patent Act and are not inconsistent with its text.

The judgment of the Court of Appeals is affirmed.

Source: The 271 Patent Blog  By Peter Zura

For a copy of the opinion, click here (link)

--
Dr.Tabrez Ahmad,
Associate Professor of Law, KIIT Law School
KIIT University, PATIA, Bhubaneswar, Odisha, India, 751024.
Website: www.site.technolexindia.com
Blog: http://tabrezahmad.technolexindia.com http://iplexindia.blogspot.com
Profile: http://www.google.com/profiles/tabrezahmad7.
Blogs: http://www.blogger.com/profile/15337756250055596327
Blog: http://drtabrez.wordpress.com
   http://tabrezahmad.typepad.com/blog/
Research Papers: http://ssrn.com/author=1189281

Launch of WIPO-Gold- an IP Research Portal

World Intellectual Property Organization (WIPO), Geneva  has launched a IP Resource Portal named 'WIPO-Gold' focusing on providing online IP information tool, which can be helpful to access broad collection of  IP data  relating to technology, brands, designs, statistics, WIPO standards, IP classification systems and IP laws and treaties. The Portal is very useful since it provides treaties administered by WIPO, its regulations and also the contracting members list, which comes very handy in various situations. Along with it it also provides for Statistical publication of Patents, trademarks, designs, plant varities, microorganisms, etc. 

A specific section has been dedicated to WIPO UDRP Panel Decisions, which houses full text search of WIPO Decisions on Domain Names. 

In the website, Director General Francis Gurry said "The launch of WIPO GOLD is a significant step towards fulfilling one of the Organization's strategic goals – that of serving as a world reference source for IP information and analysis". The WIPO GOLD portal is a rich, dynamic and evolving information tool that will continue to be expanded and improved over time," he added. 

To visit WIPO Gold, please visit : http://www.wipo.int/wipogold/en/

--
Dr.Tabrez Ahmad,
Associate Professor of Law, KIIT Law School
KIIT University, PATIA, Bhubaneswar, Odisha, India, 751024.
Website: www.site.technolexindia.com
Blog: http://tabrezahmad.technolexindia.com http://iplexindia.blogspot.com
Profile: http://www.google.com/profiles/tabrezahmad7.
Blogs: http://www.blogger.com/profile/15337756250055596327
Blog: http://drtabrez.wordpress.com
   http://tabrezahmad.typepad.com/blog/
Research Papers: http://ssrn.com/author=1189281