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Microsoft Launches Patent Offensive Against Linux
http://www.pillsburylaw.com/content/portal/publications/2009/2/2009227172825640/IP%20Vol%201400%20No%201419%202-26-2009.pdf
Concerns Voiced At WIPO Over Potential Conflicts Between IP And Standards
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| “Both patents and standards are instruments from the toolbox of innovation
| policy, but they are different instruments,” said Georg Greve of the Free
| Software Foundation Europe. “Patents,” he said, “are intended for private,
| personal use [while] standards are intended for public use.”
|
| “They are diametrically opposed in practice… maximising one instrument
| invalidates the other,” he added.
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http://www.ip-watch.org/weblog/2009/03/25/concerns-voiced-at-wipo-over-potential-conflicts-between-ip-and-standards/
Statement by the United States on patents and standards at WIPO patent
committee
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| In the United States, antitrust enforcers seek to ensure that our markets are
| competitive by preventing agreements or mergers that create or increase
| market power, or unilateral actions that use existing market power to protect
| or expand a monopoly. Our focus is on preventing harm to the competitive
| process, not on ensuring competitors treat each other fairly. Therefore, we
| would strike the use of “fair” wherever it appears before “functioning of the
| market” and when it modifies “competition” or “market”.
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http://www.keionline.org/blogs/2009/03/25/united-states-position-patents-standards/
Recent:
WIPO patent committee embarks on positive agenda
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| The fact that the WIPO patent committee has decided to request the
| International Bureau studies on “exceptions from patentable subject matter
| and limitations to the rights, inter alia research exemption and compulsory
| licenses” and “patents and standards” is testament that the WIPO of 2008 is
| not the WIPO that invoked “Intellectual Property as a Power tool for
| Development”.
|
| Here below is the Annex to the Summary by the Chair which lists the eighteen
| non-exhaustive list of issues for further elaboration and discussion in the
| future. This list includes such topics as “Economic impact of the patent
| system, Alternative models for innovation, Patents and health (including
| exhaustion, the Doha Declaration and other WTO instruments, patent
| landscaping) and Relation of patents with other public policy issues.”
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http://www.keionline.org/index.php?option=com_jd-wp&Itemid=39&p=124
WIPO will discuss a report on patents and open standards next week
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| (iv) Open Standards
|
| 121. Among technology standards, there is particular interest for “open
| standards”. While there is no universally accepted definition of that term,
| all open standards have the following common characteristics: (i) the
| specification is publicly available without cost or for a reasonable fee to
| any interested party; (ii) any IP rights necessary to implement the standard
| are available to all implementers on RAND terms, either with or without
| payment of a reasonable royalty or fee; and...
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http://www.digitalmajority.org/forum/t-68607/wipo-will-discuss-a-report-on-patents-and-open-standards-next-week
Related:
Copyright activists want Canada to avoid WIPO treaty
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| The Canadian government’s affirmation for copyright reform in this month’s
| throne speech could have implications on technological innovation as well as
| the open source community, according to industry activists.
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http://www.itworldcanada.com/a/Daily-News/bb377ddc-4972-4447-aa9f-3e75a8641bc1.html
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