“Three strikes and you’re out” law overturned by the French Constitutional Council

The French Constitutional Council ruled on 10 June 2009 that the Création and Internet Law (known more colloquially known as the  “loi Hadopi” or the “three strikes and you’re out” law) was unconstitutional.  Interestingly, the Council characterised free access to the internet as a human right, that could not be taken away by an administrative authority. 

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Subjects: Copyright

The perils of enforcing US patent rights: Developments in declaratory judgment jurisprudence

The US Federal Circuit recently held that when seeking a declaratory judgment in relation to a patent held by a foreign entity, specific personal jurisdiction is only appropriate where that entity has sufficient contacts with the jurisdiction in which the judgment is pursued.  

The rationale for this is found in the due process requirements in the US Constitution.  Essentially, jurisdiction is appropriate over an entity when it would be fair to haul it before courts in that forum.  Fairness, in turn, can be established where:

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Subjects: Patents

New two-tier Federal Court

The Government has announced a restructure of the Federal Courts system, which will expand the Federal Court's IP jurisdiction.

The Federal Magistrates' Court will be merged into the Federal Court and the Family Court, so that all IP disputes will be heard at first instance in the Federal Court.  The new Federal Court will have two tiers:

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It’s easy (and quick) being green – UK to fast-track green patent applications

The United Kingdom has launched an initiative where ‘green’ or environmentally friendly technology can be fast-tracked through the patent application process.  The scheme was launched on 12 May by UK Minister for IP, David Lammy, in a bid to support inventions that may assist in combating climate change.  Under the new scheme, the time for a patent application to progress to grant may be reduced from the usual two to three years to just nine months.

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Subjects: Patents

A cautionary tale (and tips) for inventors

Taking steps to protect your invention could seem like a hassle when you’re buzzing with excitement and want to tell the whole world about your great new idea.  But it’s worth taking a moment to stop and consider how to best protect your invention, as this cautionary tale demonstrates.

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