1. JEANINE RIZZO COMNET 9 th June, 2010 INTELLECTUAL PROPERTY IN THE DIGITAL MILLENNIUM

2. The IP Rights The IP Rights EU & Malta COPYRIGHT TRADE MARKS PATENTS DESIGN RIGHTS Geographical Indications of Origin

3. Digital Millennium

5. COPYING in the digital era

6. COPYRIGHT? Gives the creator of a work exclusive rights over that work. Lasts for life of author + 70 yrs post mortis autoris Copyright exists for the following types of works: (a) artistic works (b) audiovisual works; (c) databases; (d) literary works; (e) musical works.

7. Restricted Acts Reproduction direct or indirect, temporary or permanent, by any means and in any form, in whole or in part; Distribution issues of exhaustion Translation and Adaptation even into other computer languages Communication to the public Making Available (NEW) At a time and place chosen by the user

8. COPY – defined Maltese Copyright Act: a reproduction in written or graphic form including digital reproduction, in the form of a recording or audiovisual work, or in any other material form Of whole or a substantial part of the work.

9. Limitations = exception (a)….. …… …… ….. …… …… (w) Transient and incidental copies are allowed. Transient = occur as part of transmission but have no significance from a Copyright perspective Incidental = occur only for technical reasons, for example rooter copies. They occur whether or not you want them to.

10. Peer 2 Peer Making available to others –Was created for the Net –Is the work being made available legal? Making of a reproduction on your computer File sharing = transmission & reproduction Legality of source copy

11. The Napster set up

12. P2P – evolution from Napster to Grokster

13. Pirate Bay The Pirate Bay Case, Sweden Site is a search engine and tracker of links to where you could download music or films. BitTorrent software used: allows people to d/l the same program at the same time, even if just a fraction of it. 4 people who ran the site sentenced to 1 yr in jail and $3.6m in damages for contributory liability/indirect copyright infringement.

14. DRM Digital Rights Management –aka Technological Protection Mechanism Is technology encrypted onto software which decides whether to grant access. Disallows you from carrying out certain acts: Eg, cannot make copies, cannot print; cannot play on other brands of players

16. Trade Marks any sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertakings. Exclusive rights last for 10 years, and can be renewed ad infinitum. Stops others from using: –Identical sign on identical goods –Similar sign on identical goods, or identical sign on similar goods – if there is likelihood of confusion. Special provision for well known marks.

17. Cyber-Squatters Cyber-squatters –Use popular trade marks. –Register them as domain names then sell them back to the interested companies. –Example: www.marksandspencer.comwww.marksandspencer.com Typo-squatters –Register as a domain name a misspelt version of the trade mark Example: www.amazone.com instead of www.amazon.comwww.amazone.comwww.amazon.com

18. Distinctiveness. Territorial. Registered for a specific set of goods/services. Same sign can be used by unconnected entities, for different commercial sectors. Needs likelihood of confusion. No such requirement needed. Universal – for all www. No classification system. Can exist in abstract. Just one domain name exists, therefore cannot be used by unconnected entities. No need of likelihood of confusion. Trade Mark Domain Name

19. CASES Marks & Spencer plc v One in a Million: www.marksandspencer.com; www.bt.comwww.marksandspencer.comwww.bt.com French Connection UK – www.fcuk.comwww.fcuk.com www.easyrealestate.com www.shell.de www.barcelona.com www.eilberg.com www.walmartsucks.com www.stopdanone.com

20. Google cases: Adwords, YouTube, Books

21. Trade Marks Google AdWords Case: Google sell keywords to advertisers. Words entered as a search query trigger adverts or sponsored links. Google sued for TM infringement by 3 companies.

22. Real v Fake

23. Google Adwords Case The case was heard by the Court of Justice of the European Union. Cases filed in France by Louis Vuitton, Viaticum and Luteciel – especially in the case of LV, Google sold keywords to advertisers of imitations of LV products. Court of Justice turned out a peculiar judgment:

24. Courts Decision The Court decided two points: 1.Use by an advertiser of a keyword identical to a third partys trade mark constitutes a key prerequisite to finding TM infringement; 2.With regard to Google, the Court of Justice held that it did not infringe EU TM law since it was carrying out a commercial activity, selling advertising space.

25. Copyright – YouTube

26. Copyright YouTube case Filed by Viacom and others against YouTube for copyright content posted onto the site YouTube claim protection of Safe Harbour provisions under the eCommerce Directive: »They are not the ones to post the material to the site »They remove content when infringement notice received

27. Copyright

28. Copyright – Google Books Class action brought by the Authors Guild against Google for infringement of copyright –Google had scanned, copied and produced digital versions of books (public domain, orphan works, and copyrighted) The claim was for Google to pay $125m In 2008 a settlement was reached, but other Court cases followed, and the settlement was reviewed. Google conceded that it had copied 12m books, and had identified 174 similar books to digitise.

29. The Kindle The Kindle Writers are now selling their publishing rights directly to Amazon and not to traditional publishers.

30. THANK YOU FOR YOUR ATTENTION Jeanine Rizzo