Snip:

A Brazilian diplomat suggested that the governments from leading industrialised countries in Europe and North America are aware that they would be unable to win sufficient support at the World Trade Organisation to extend the scope of TRIPS. The diplomat argued that rich countries are using the WCO, a separate body, to introduce measures that go beyond TRIPS “through the backdoor.”

The document that follows this paragraph is a license agreement. Why do we need such a thing? Well, to be perfectly honest, our lawyers have told us that we need to protect ourselves. We at SOFTWARE COMPANY pride ourselves on our low-key style, but the global nature of the software business means that one lawsuit from one user in a far-flung jurisdiction could put us out of business. It also means that, without this agreement, we might not have protection from people who misuse our software. We do not want to bet our entire company on such possibilities, however unlikely, because we like doing what we do and want to continue to be able to do it. And, so, we require you to read and agree to this license. We think you will find it quite reasonable. Obviously, if you disagree, click “Disagree.” But, don’t just stop there. Let us know. Send some email to SOFTWARE COMPANY EMAIL telling us what you find unacceptable about our license agreement. We can’t promise to change anything, but we will do our best to get back to you.

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Intellectual Property Staff Attorney

EFF is seeking an intellectual property staff attorney for its legal team. Responsibilities will include litigation, public speaking, media outreach, plus legislative and regulatory advocacy, all in connection with a variety of intellectual property and high technology matters.

Qualified candidates should have at least four years of legal experience, with knowledge in patent law and at least one other IP specialty (copyright, trademark, trade secret). Litigation experience is preferred, including significant experience managing cases, both overall case strategy and day-to-day projects and deadlines. Candidates should have good communication skills and interest in working with a team of highly motivated lawyers and activists in a hard-working nonprofit environment. Strong writing and analytical skills as well as the ability to be self-motivated and focused are essential. Tech savviness and familiarity with Internet civil liberties and high tech public interest issues preferred. This position is based in San Francisco.

Interested applicants should submit a resume, writing sample, and references to ipjob@eff.org.

Link

• A system of registration, much like for trademarks or for registered designs.
• Registrations would be reviewed for uniqueness and authenticity.

No word on what, if any, legal rights for registered tartan owners would be associated with registration. I assume that there would be some sort of mark from the registry that would be attached to registered and ‘authentic’ goods. That way the registry would be a way to brand quality and develop a better reputation for producers.

My guess is that the authenticity review would only be a part, as the article notes that new tartans are created every year:

There are thought to be more than 4,500 unique tartans and about 150 new designs come forward each year. Football teams, the mobile phone firm 02, the Hilton Hotel in Hong Kong and a number of whiskies all have their own tartan.

LL Bean, based in Maine, US, was caught out earlier this year using a tartan whose creators claimed copyright over the design.

[F]or all I know, the monks had a fit when Gutenberg made his press.

– Justice Stephen Breyer

Transcript of Oral Argument at 11, Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., 125 S. Ct. 2764 (2005) (04-480).

“Twenty-five years or so ago, when patents were first issued on living matter that was used to eat oil slicks, there was concern about whether living organisms should be patented,” Krupka says.

“When software patents first issued, there was concern about whether software should be patentable. The same thing happened for business method patents,” Krupka adds.

“Every time there’s a technological development, people say, ‘Not in my backyard.’ That’s very un­derstandable. It takes a while for folks to get their heads around what the patent system does and why it should be applied uniformly across all fields of technological endeavor.”

One (of the many) things I’ve learned living and working in Europe, patents on life and software patents are far from a given. Many people are opposed, and question whether the American approach is preferable or not. They take a different position on both of these issues over here, and I think that there definitely could be some more comparative work in the area between the US and countries that have taken different approaches.

I don’t have a whole lot more to say at the moment, but in a profession that prevents lawyers from signing non-compete agreements because of “the client’s right to choose a lawyer”, this might be the wedge for some serious changes in how we think of lawyers and how lawyers practice law.