Around the World: Update October 2010
October 2010
Intellectual Property
This update provides an overview of the latest issues of interest to ICT professionals both in Australia and Internationally. We hope that you will find this information useful.
Please feel free to forward this update to any of your colleagues or friends who may be interested.
To contact a member of our Information Communications & Technology team, please click here
Kind regards
Brendan Coady | Partner
Direct 61 2 9225 6258
Robert Gregory | Partner
Direct 61 3 9240 0770
robert.gregory@maddocks.com.au
Domain names in conjunction with www.auda.org.au
Domain names
auDRPe
Lots of people would agree that one of the downsides of the Internet is the prevalence of “cybersquatting” – ie. people registering domain names that they have no right to hold, and then attempting to exploit them for commercial gain at the expense of the “real” owner. Full Story
AuDA Reviews .AU WHOIS and Registrant Contact Policies
AuDA, the policy authority and industry self-regulatory body for the .AU domain space, has announced it is conducting a review of its WHOIS policy and its Registrant Contact Information Policy. Full Story
Geist: U.S. uses domain names as new way to regulate the Net
Governments have long sought ways to regulate Internet activity, whether for the purposes of taxation, content regulation, or the application of national laws. Effective regulatory measures have often proven elusive, however, since, unlike the Internet, national laws typically end at the border. Full Story
US Senators Propose Changes to Website Takedown Bill
Leaders of the U.S. Senate Judiciary Committee have circulated proposed changes to a controversial bill that would force domain name registrars to shut down websites that allegedly infringe copyright. Full Story
ICANN Goes to San Francisco in March 2011 Plus Directions for Next Applicant Guidebook
ICANN will be holding its first meeting in 2011 in San Francisco. San Francisco was chosen at a board meeting, among six other board resolutions including a decision on “substantive evaluation”, a term coined to placate the vociferous trademark holders and ensure them protection of their trademarks while a globally-protected marks list that the reasons the board considered problematic in 2009 still existed, however work would continue to be done to look at this issue. Full Story
Majority of Organisations Slowly Deploying IPv6 While Cost Misconceptions Worry Some
With the supply of IPv4 addresses likely to be exhausted in May 2011, the slow adoption of IPv6 is becoming troubling even though most businesses are aware of the need to according to a global survey by the Number Resource Organisation. Full Story
Internet Use
Study finds predictive power of search
A new study claims web search statistics can be used to predict human behaviour - from record sales to the spread of influenza. Full Story
In Study, Children Cite Appeal of Digital Reading
Many children want to read books on digital devices and would read for fun more frequently if they could obtain e-books. But even if they had that access, two-thirds of them would not want to give up their traditional print books. Full Story
On the Web, Children Face Intensive Tracking
A Wall Street Journal investigation into online privacy has found that popular children's websites install more tracking technologies on personal computers than do the top websites aimed at adults. Full Story
Australian data downloads grow by 50%
Australia's appetite for the internet continues to grow and the number of wireless internet connections has soared in the last year, a study has found.
Online shopping: e-commerce is becoming more social and more connected to the offline world
At Swipely, a web start-up, users can now publish their purchases. Whenever they swipe their credit or debit card (hence the service’s name), the transaction is listed on the site—to be discussed by other users. “Turn purchases into conversations” is the firm’s mantra. Full Story
The web's new walls: How the threats to the internet’s openness can be averted
When George W. Bush referred to “rumours on the, uh, internets” during the 2004 presidential campaign, he was derided for his cluelessness—and “internets” became a shorthand for a lack of understanding of the online world. But what looked like ignorance then looks like prescience now. As divergent forces tug at the internet, it is in danger of losing its universality and splintering into separate digital domains. Full Story
One in five homes worldwide has broadband; 30 percent of connections in Europe, 41 percent in Asia
Research conducted in conjunction with Point Topic revealed that by the end of June 2010, there were 498 million broadband lines worldwide, that's 2.63 percent up on last quarter and nearly 12 percent more than June last year. Full Story
U-Md. researcher links kids' computer use with test scores, behaviour
A University of Maryland researcher has a message for parents who fret about how much time their preteen children spend on computers: Worry not. Full Story
India to Have 237 Million Web Surfers in 2015
The number of Internet users in India is expected to triple in the next five years, according to a report from the Boston Consulting Group Wednesday but making money from them isn’t going to be easy. Full Story
New Technologies
Australian scientists say they're coming first in a world-wide race
Australian scientists say they're coming first in a world-wide race to create a new breed of super computers set to transform the way we live. Full Story
Intellectual Property
Demand for intellectual property rights starts to recover – UN
Innovative activity and demand for intellectual property (IP) rights declined at the height of the global economic crisis, but began to recover this year, the United Nations agency charged with protecting inventions, trademarks, industrial designs and copyright said in a report released today. Full Story
Signs of Recovery Emerge after Economic Crisis Hits Innovation & IP Filings
A new WIPO report analysing intellectual property (IP) trends in 2008 and 2009 shows that innovative activity and demand for IP rights dipped during the global economic crisis, but began to recover this year. World Intellectual Property Indicators 2010 also documents how the uncertainty associated with the crisis led companies to readjust their innovation strategies. Full Story
Campaign Aims To Take Back Consumer Rights Over IP-Protected Products
Copyright and patent laws “are often misused” for reasons that have “more to do with limiting competition and preventing consumers from making innovative uses of their products” than they do with stopping piracy, global consumer advocacy group Consumers International plans to tell a UN internet meeting. Full Story
Swiss court rules IP address-tracing software breached data protection law
The Swiss Federal Court has ruled that software which identified the internet protocol (IP) address of unauthorised music uploaders broke data protection law. Full Story
The top five intellectual property traps in M&A transactions
In M&A transactions, many lawyers assume that intellectual property (IP) rights will automatically transfer with the purchase and that IP issues can be cured by general representations and warranties. Relying on a breach of representations and warranties as the only remedy to protect the covered IP can doom the deal to failure or lead to unexpected surprises after closing, including requiring significant changes to future business plans and opportunities. Full Story
Intellectual-property battles: Paul Allen has rekindled a controversy over patent trolls
Deep-fried beer may sound scrumptious, but is it patentable? Mark Zable, an inventive Texan, thinks it is. To protect his novel production process, which involves encasing the alcohol in batter and dunking it in a fryer, he recently applied for a patent. He wants to profit if others exploit his beery brainwave. Full Story
Brick thrown at Lego trademark bid
Danish toy giant Lego began building a case to trademark its famous bricks in Europe more than a decade ago, but the European Union's top court knocked it down today. Full Story
Australian taxpayer may take wrap rap for plain package cigarettes
The government is pressing ahead with a key plank of its preventative health strategy, despite advice from one of its own authorities. Ministerial briefing notes obtained by The Australian say plans to force plain packaging of cigarettes "may not be consistent with Australia's intellectual property treaty considerations" and warn that tobacco companies may seek compensation from taxpayers. Full Story
Lack of transparency risk to foreign investment in China, says Japan
Japan today warned China it risked losing foreign investment if it did not introduce more transparency over its business rules. Full Story
Indonesia tops Asia list of copyright pirate centres - survey
Indonesia has the worst record when it comes to protecting intellectual property rights (IPR) in Asia and Singapore the best, a survey of expatriate business people showed Wednesday. Full Story
WIPO Director General Welcomes Moves to Enhance Protection of Traditional Knowledge & Folklore in Africa
WIPO Director General Francis Gurry has welcomed the adoption by member states of the African Regional Intellectual Property Organization (ARIPO) of a new legal instrument that seeks to protect African traditional knowledge and folklore. Full Story
Intellectual Property Law in Internet by Dr. Tabrez Ahmad
Abstract: The rapid technological changes and the convergence of telecommunication, broadcasting and information technology challenge the existing legal institutions. The delicate balance of rights and obligations of intermediaries of Internet such as copyright owners, domain name holders, consumers, netizens and internet service providers can be upset when trying to keep the legal developments abreast with the technological advances. Full Story
WIPO Launches New Database to Profile IP Case Studies (PR/2010/663)
WIPO has launched IP Advantage, a new database which profiles the intellectual property (IP) experiences of inventors, creators, entrepreneurs, and researchers. This tool aims to promote a better understanding of how IP is created and protected, and how inventors, creators and society at large benefit from the IP system. Full Story
Online TV & Music
Film industry hires cyber hitmen to take down internet pirates The film industry is using pirate tactics to beat the pirates – by employing “cyber hitmen” to launch attacks that take out websites hosting illegal movies. Full Story
Mobile / Wireless
Telstra Next G speed bump pushed back by politics
Telstra doubled the speeds of its Next G network but delayed its announcement for a week after the election campaign, fearing it may "influence the debate" between the independents who are deciding who will govern the country. Full Story
Spam
Christchurch earthquake: Warning over dodgy 'charity' spam
As Christchurch readies itself for what will be a lengthy clean up after Saturday morning's earthquake, Kiwis are being warned that cyber criminals are readying for a spam assault cashing in on the disaster. Full Story
Digital Divide
UN reveals global disparity in broadband access
The global disparity in fixed broadband access and cost has been revealed by UN figures. Full Story
Online Crime, Security & Legal
Fairfax Media loses copyright battle
The Federal Court has ruled against Fairfax Media's attempt to claim copyright over headlines in The Australian Financial Review. The decision is seen by the publishing industry to have significant implications for the reproduction of newspaper articles. Full Story
Cyber attack threat
Australia's leading cybersecurity expert Dr Paul Twomey wants Australian business leaders to step up to the plate and do more to reduce the threat of cyber attacks. Full Story
Cyber criminals not ‘technically gifted’: QLD Police
Understanding what drives individuals to commit acts of cyber crime, rather than focusing on technology, has become essential according to Queensland Police. Full Story
Anti-Iran Stuxnet computer bug had powerful backers
A powerful computer code attacking industrial facilities around the world, but mainly in Iran, was probably created by experts working for a country or a well-funded private group, according to an analysis by a leading computer security company. Full Story
Internet scams target young
The consumer watchdog is scouring the internet today for scams targeting young people. Full Story
Pirated software costs world $51 billion, says study
More than four out of 10 software applications in use around the world are unlicensed or pirated, an IDC study has calculated. Full Story
Searching for free stuff online can be costly
It's common knowledge that you can catch computer viruses on porn Web sites. But did you know it's also risky to surf the Web searching for free movies or music? Full Story
Australian police launch biggest piracy raid in history
Police have launched the largest coordinated attack on blackmarket operators in Australian history, with officers carrying out piracy raids nationwide. Full Story
Cybercrime is Rampant Around the World, Says Study
A new study by security vendor Symantec reports that Internet crime has grown into a widespread problem globally. It also provides intriguing insights into consumers' lax attitudes toward online piracy, plagiarism, and other illegally or unethical activities. Full Story
Censorship
US Supreme Court Tests Free Speech Anew in Digital Age
Free speech stands front and centre in the Supreme Court term beginning next week, in a pair of cases testing the First Amendment's reach in the digital age. Full Story
Government & Public Policy
Australian police pressuring govt on data retention
The Australian Federal Police have backed plans for a controversial data retention scheme, saying captured Web records would assist in prosecuting cybercriminals. Full Story
Miscellaneous
Rupert Murdoch does need watching. But he's hardly the Emperor Ming Rupert Murdoch remains a powerful figure in global media, but it is too easy – and ultimately self-defeating – to exaggerate the threat he represents. Full Story