First Arab Satellite Channel On IP Rights Launched In Egypt

In a bid to promote awareness of intellectual property rights issues and provide information about IP in the Arab world, the first dedicated IP Arab satellite channel has been launched.
Based in Smart Village in Cairo with offices in most major cities of the world, the first independent IPR satellite channel will have exclusive programmes that tackle IPR issues regionally and globally.

The new channel, launched on 7 July and reporting in both Arabic and English, will broadcast on NileSat.

‘The idea behind establishing a satellite channel dedicated to IP rights is to strengthen awareness in IP issues and give a clearer image of the IP situation in the Arab world. The new satellite channel is intended to a credible source of information that satisfies the growing interest in issues relating to IP. It will also contribute to the promotion of IP awareness in the region and around the world,” said Talal Abu-Ghazaleh, chairman of the Talal Abu-Ghazaleh organisation, an Arab organisation for global professional services including intellectual property rights. Abu-Ghazaleh is owner of the new channel.

In 2004, Abu-Ghazaleh launched a one-of-a-kind project, the ag-IP-news agency, a specialised global intellectual property news agency.

Hasbro takes Facebook game Scrabulous to C-O-U-R-T [United States]

Game-making giant Hasbro has filed a lawsuit against Scrabble knock-off Scrabulous and sent a notice demanding Facebook remove the popular game from the social-networking website.
Scrabulous.com was launched by brothers Rajat and Jayant Agarwalla in India in 2005 and rocketed to popularity as a free "add-on" application for Facebook, where more than 500,000 people reportedly play the online word game daily.

Toy and game manufacturers Hasbro and Mattel, which share ownership of the Scrabble trademark, asked Facebook in January to remove the renegade online version of its game from the website.

On Thursday, Hasbro presented the request to Facebook in the form of a demand backed by US law regarding copyright infringement on the Internet.

Hasbro also filed a lawsuit against Scrabulous and the Agarwalla brothers in federal district court in New York. "Facebook has tried to use its status as neutral platform provider to help the parties come to an amicable agreement," the California-based website said in response to an AFP inquiry. "We're disappointed that Hasbro has sought to draw us into their dispute; nevertheless, we have forwarded their concerns to Scrabulous and requested their appropriate response."

The lawsuit is weak leverage against the brothers, since Scrabulous lists no assets in the United States and a court decision here would need backing by India's legal system to be enforced. "Our hope and expectation is that the parties can resolve their disagreements in a manner that satisfies the parties, that continues to offer a great experience to gamers and that doesn't discourage other developers from using our platform to share creativity and test new ideas," Facebook said.

The Agarwallas have said in public reports that they expect fans to remain loyal to Scrabulous, from which the siblings earn advertising revenues. Filing of the civil suit comes a week after videogame colossus Electronic Arts released, with Hasbro's blessing, a free online Scrabble game customized for Facebook websites in the United States and Canada.

Nobel laureate criticises intellectual property rights system [International]

US economist Joseph Stiglitz has warned that intellectual property rights are stifling innovation. According to the Intellectual Property Watch news service, the professor, who was awarded a 2001 Nobel Prize in Economic Sciences for his work on the relationship of information and markets, said at the opening of Manchester University's Institute for Science, Ethics and Innovation on Saturday that the intellectual property rights regime "closes down access to knowledge". It was clear, he said, that specific restrictions applied particularly in the patent system.

Stiglitz criticised the current approach of treating copyright and patent rights as "intellectual property". Intellectual property, he insisted, is public property and not something to be "owned". It is difficult to prevent others from enjoying its benefits, he said, because it is fundamentally different to, and should not be compared to, the ownership of physical property. This approach creates monopoly power over knowledge that is often abused. Stiglitz gave as an example the current "patent thicket" in software, which results in anyone who writes a successful software program being sued for alleged patent infringements.

Another problem Stiglitz highlighted was that "the social returns from innovation do not accord with the private returns associated with the patent system. The marginal benefit from innovation is that an idea may become available sooner than it might have. But the person who secures the patent on it wins a long-term monopoly, creating a gap between private and social returns". The system is widening the gap between developed countries and developing countries, claimed Stiglitz, who is also known as a critic of globalisation. Medical care in threshold countries is suffering because patent rights are preventing the production of cheaper generic medicines.

The Nobel Prize winner does not believe that the patent system should be abandoned altogether, but sees a possible solution in restricting property rights to defined, tangible areas as well as to specific countries. Tools such as prizes or government funding could be used to promote access to knowledge and spur innovation in areas where there are well-defined objectives - such as a cure for malaria. John Sulston, a Nobel Laureate in medicine, shares Stiglitz's concerns. He expressed his apprehension about the continued trend towards the private ownership of science and innovation, which was funnelling research into areas that were particularly profitable whilst areas less likely to make money were being ignored. IP is an ideological issue in quarters such as the WIPO (World Intellectual Property Organization), Sulston said. Drug companies see any improvements to the patent system as weakening it, but they forget that the system should be a “good servant” - and not elevated to a “theistic level".

In its latest annual report (PDF file), the International Chamber of Commerce (ICC) has now called for the business community to clarify the mechanisms of intellectual property rights for the benefit of the general public. The growing "politicisation" of the patent system and enforcement of copyright is bound to cause concern on the part of those who do not understand the system. The report says that business must focus greater attention on putting forward the very arguments that Stiglitz rejects, namely that commercial copyright not only encourages research and development but it also promotes transparency and the dissemination of knowledge.

WTO Ministerial Meeting: IP Compromise Remains Elusive

Compromise on intellectual property issues remained elusive at last week’s World Trade Organization ministerial meeting. An initial statement by the European Union initially identified GIs as a "poltical must have," along with agriculture, non-agricultural market access, and services. However, the US later announced that it does not intend to engage in negotiations on GI extension. "These TRIPS issues are important to many members, but we think it's vital to keep the focus of this meeting on agriculture, (manufactured goods), services. This meeting is not the time to create new mandates on the TRIPS issues," a spokesperson for US Trade Representative Susan Schwab reportedly said at a press briefing on 22 July.

Norwegian Foreign Minister Jonas Støre is continuing informal consultations on three intellectual property issues: 1) the multilateral register for wines’ and spirits’ geographical indications (GIs), 2) extending geographical indications protection beyond wines and spirits (“GI extension”), and 3) proposals to require patent applicants to disclose the origin of genetic material and traditional knowledge. Støre told Intellectual Property Watch late Thursday that movement on these issues would depend on progress on agriculture and non-agricultural market access.

The WTO's goal for this so-called "July 2008 package" was to agree on “modalities” in agriculture and non-agricultural market access (NAMA) — ie, the formulas and other methods to be used to cut tariffs and agricultural subsidies, and a range of related provisions — and to look at the next steps in concluding the Doha round of negotiations.

Free Japanese Patent Machine Translation Service

You can obtain English machine-translations for Japanese patent and utility model documents from 1993 onwards on the Japan Patent Office's free-of-charge "IPDL" (Industrial Property Digital Library) internet service at http://www.ipdl.inpit.go.jp/homepg_e.ipdl.

From the IPDL homepage, choose the "Patent & Utility Model Gazette DB" link. A simple number search will - as a first search result – return the PAJ English abstract, where available. Clicking the "Detail" button on the top of the result screen will start the machine-translation of the original Japanese unexamined application. Alternatively, clicking the "Japanese" button will display the original Japanese document. In cases where no PAJ English abstracts exist you will immediately get the machine-translation from the Japanese.

See the screenshots at http://www.jpo.go.jp/torikumi_e/hiroba_e/paj_15.htm

You can also try Yahoo! Babel Fish - Text Translation and Web Page Translation

LexisNexis offers a fee-based English machine translation service of Japanese patent documents "in minutes" at $39 per translated document (regardless of length).

Free Chinese Patent Machine Translation (CPMT) Service

The CPMT service is integrated with an English search interface and can be used for obtaining the English full text (including claims and specification) from a searched result (by previous human translation).

See the screenshots at http://www.cnpat.com.cn/430homepage/guidehome.html and then start by choosing “Patent Search and Machine Translation” from the homepage of China Patent Information Center (CPIC) at http://www.cnpat.com.cn/.

U.S. Copyright Office Offers Online Registrations

Beginning July 1, 2008, the Copyright Office is offering online registration of claims to copyright. Online registration through the electronic Copyright Office (eCO) is the preferred way to register basic claims for literary works; visual arts works; performing arts works, including motion pictures; sound recordings; and single serials. Advantages of online filing include a lower filing fee; the fastest processing time; online status tracking of your claim; secure payment by credit or debit card, electronic check, or Copyright Office deposit account; and the ability to upload certain categories of deposits directly into eCO as electronic files. To register your claim electronically, go to the Copyright Office website at http://www.copyright.gov/ and click on the eCO logo.

Foreign Outsourcing of Application Preparation May Require Export Administration Review [US}

According to the USPTO on July 23, 2008, applicants and registered patent practitioners are reminded that the export of subject matter abroad pursuant to a license from the United States Patent andTrademark Office (USPTO), such as a foreign filing license, is limited to purposes related to the filing of foreign patent applications. Applicants who are considering exporting subject matter abroad for the preparation of patent applications to be filed in the United States should contact the Bureau of Industry and Security (BIS) at the Department of Commerce for the appropriate clearances.

If an invention was made in the United States, technical data in the form of a patent application, or in any form, can only be exported for purposes related to the preparation, filing or possible filing and prosecution of a foreign patent application, after compliance with the Export Administration Regulations (governing exports of dual-use commodities, software, and technology, including technical data, which are codified at 15 CFR Parts 730–774) or following the appropriate USPTO foreign filing license procedure. See 37 CFR 5.11(c). A foreign filing license from the USPTO does not authorize the exporting of subject matter abroad for the preparation of patent applications to be filed in the United States.

Information regarding the EAR may be obtained from the BIS Web site at http://www.bis.doc.gov. Questions regarding the EAR should be directed to the BIS’s Outreach and Educational Services Division at (202) 482–4811.

Author's estate wins battle of Narnia domain name [UK]

A couple who bought a web domain name as a birthday present for their 11-year-old son have lost a battle with the estate of C.S. Lewis to keep it. Richard and Gillian Saville-Smith, from Edinburgh, paid £70 for the name www.narnia.mobi in September 2006 so that their son Comrie, who is a fan of C.S. Lewis, could use it as an e-mail address. The author's estate lodged a complaint with the World Intellectual Property Organisation, which ruled yesterday that the domain name should be transferred.

Companies had a three-month period in 2006 to express interest in .mobi website names before they became more widely available. The couple bought the Narnia name, along with a number of others, including The Queen.mobi and USPresident.mobi, “just for fun”.

Domain name disputes focus partly on whether a “cybersquatter” is using the site for commercial gain and whether trademarks are involved. Mr Saville-Smith claimed yesterday that he had done nothing at all with the site and had not tried to make any money from it.

Same script, 2 films: Big B movie caught in legal row [India]

Percept Picture Company has brought an injunction against UTV Motion Pictures, alleging that the idea of Shoojit Sircar's Shoebite was earlier sold to them as Johny Walker with Big B in the lead. But UTV representatives said they had not received any injunction order yet.

Shailendra Singh of Percept said, "We were to make Johny Walker with Amitabh Bachchan and Shoojit Sircar. Bachchan was even paid a signing amount but we couldn't manage to get the shooting dates and so the project was put on hold. We were very excited about the film, dealing with a pan-India subject, and our company even did a reconnaissance for it." Bachchan apparently even returned the signing amount to Percept and the whole matter was put behind by the company till it saw some promotional material of a film titled Shoebite, with Bachchan and Sarika in the lead. "A red alarm went off in my head," Singh said. "I realised that Shoebite looked identical to our film, Johny Walker." Singh said he tried calling UTV's Ronnie Screwvala but failed. Meanwhile, Percept gathered evidence to try and prove that Sircar had sold the same subject to UTV. Percept then did what it thought was correct; it took the matter to court. The official release from Percept Holdings said, "Percept approached the Delhi high court to protect its intellectual property in the script, Johny Walker, which has been registered. Counsel Rajiv Nayyar, instructed by Ameet Naik of Naik, Naik and Company, and Rishi Agarwal appeared for Percept. The Delhi high court was prima facie convinced that Shoojit Sircar disregarded the terms of his engagement with Percept and was making the Amitabh Bachchan-starrer, Shoebite, with UTV based on Percept's script. The high court granted an injunction, restraining UTV from infringing on Percept's copyright in the script and dialogue of the film, Johny Walker, in any manner, including by making the film, Shoebite, based on the script." It is an ex-parte injunction and a notice has been issued to UTV and Sircar. The court will next hear the matter on September 3. Trade reports say Shoebite is almost 60% complete, having finished schedules in Shimla and Nashik. UTV said it had not received any injunction order while Sircar remained unavailable for comment. Singh and Percept are, however, adamant that UTV will not be able to continue with the shooting/trading of Shoebite till the legal issues are sorted out. But what is the film, Shoebite, about?

Bachchan has written on his blog, "The film is a glimpse into the life of 60-year-old bookstore owner John Pereira, a man like most married men, who takes his wife of 40 years, Aditi, somewhat for granted. His entire world, however, turns upside down the day Aditi meets with a near-fatal accident and falls into deep coma. Sitting there by the side of her inert form, John decides to do something for her as an act of penance. Something extraordinary."

WIPO for private-public role to fight software piracy in India

The World Intellectual Property Organisation (WIPO), a specialised agency of UN, has said that the best solution to stop the software piracy in India, which has reportedly led to a loss of about two billion dollars in revenue last year, is public-private coordination.

Software piracy is a huge problem in India. As a result of which many global computer giants are facing the heat worldwide. The best possible way to put an end to software piracy in India is a close coordinated scheme between private and public sectors in the country, Director of Copyright Law at WIPO Jorgen Blomgvist told PTI.

A study by the Business Software Alliance (BSA), an international association representing the global software industry, in May showed that computer software piracy rates in India registered huge monetary losses in 2007.

Talks But No Breakthroughs Yet On IP Issues For Ministers At WTO [International]

Intellectual property issues have been a topic of debate at the World Trade Organization ministerial negotiations since Friday and while there have been no changes in positions there has been some talk of looking for compromises, according to sources attending the event. Ministers from some IP-proponent countries raised the issues as critical to the heads of delegation meeting on Monday, the first day of the mini-ministerial in Geneva, while opponents held a meeting of like-minded countries reinforcing their position against the inclusion of IP issues in the talks, sources said.

WTO Director General Pascal Lamy began on Friday to talk with officials about IP issues in an attempt to find a way to navigate the standstill on them, sources said. Lamy held meetings on Friday, Saturday and Sunday, they said. However, on Monday evening, the issue was not a primary topic of the Green Room meeting, the smaller, closed gathering held in Lamy’s office. The ministerial is scheduled to run from 21-27 July.

The focus in the next few days is expected to be squarely on the issues of agriculture and non-agricultural market access (NAMA) before IP issues become critical, if at all, according to several sources. But the outcome of the mini-ministerial (about 40 of the WTO’s 153 members) will be tied to addressing demands from the European Union, Switzerland, India, Brazil and others on issues related to intellectual property and trade.

The IP issues are: the creation of a mandated register on geographical indications - product names associated with a place and characteristics - for wines and spirits; extension to other products of the higher-level GI protections currently enjoyed by wines and spirits; and an amendment to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) to require the disclosure of origin of traditional knowledge and genetic material in patent applications, intended to bring TRIPS in line with the UN Convention on Biological Diversity (CBD).

A draft modalities text has been prepared by proponents, claiming support from a majority - over 100 - of WTO members (IPW, WTO/TRIPS, 18 July 2008). The text, TN/C/W/52, is now posted as a document to the WTO website. The opponents’ longstanding position favouring a voluntary register and database for consultation, referred to as the joint proposal, has been submitted again and posted as document TN/IP/W/10/rev.1.

A possible split in the IP issues may have been suggested by Lamy, according to sources. It generally has been the view that the GI register and the CBD amendment might have more middle ground for negotiating, while the GI extension might be more two-dimensional, sources said.

But such a split would not be acceptable to IP proponents, an official from a proponent country said. And the opponents’ meeting on Monday, which included countries such as Australia, Chile, Costa Rica, Mexico, New Zealand and the United States, reconfirmed the view that none of these issues should be discussed this week, according to a participant.