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AIPLA Virtual Water Cooler - Monthly Meetups
April 7 to May 5, 2021
The AIPLA Virtual Water Cooler is Back!
Join us on the First Wednesday of April and May at 3 pm eastern/ noon pacific at the "Water Cooler".
Based on member feedback, we're bringing back the Virtual Water Cooler. We know that we as continue in large measure, work-from-home, we're still missing the regular connection with our colleagues. That’s why AIPLA’s Committee on the Profession is inviting you to join us around the virtual water cooler for a 15-to 30- minute break.
We hope that people will informally show up the first Wednesday of April and May at 3 pm Eastern/noon Pacific.
This is an opportunity to say hello to people you may (or may not) know for a few minutes, and see IP colleagues much as you would at the office water cooler. Nothing to do in advance except register, and we are doing that simply so no one gets Zoom-bombed.
This is free and open both to AIPLA members and non-members interested in IP (feel free to share this invite to others in IP), but sorry: you will have to bring your own water.
Supreme Court Overturns Oracle Copyright Win Regarding Programming Code, Holds Fair Use
April 5, 2021On April 5, 2021, the US Supreme Court overturned Oracle’s copyright win over Google, holding that Google’s use of Oracle’s programming code from the Java SE Application Programming Interface (API) in their Android platform was a fair use and did not violate copyright laws. The Court determined that Google’s use of only the code that was needed to allow programmers to work in a new and transformative program was a fair use of that material. Writing for a 6-2 majority, Justice Breyer declined to address the first question on copyrightability and instead resolved the case focusing on the question of fair use by referencing the four guiding factors in the Copyright Act’s fair use provision. Justice Thomas filed a dissenting opinion that the ruling bypasses the question of whether the software code is protected by the Copyright Act. AIPLA filed an amicus brief in this case on January 13, 2020.
Letter Submitted to the Office of the US Trade Representative Supporting US Opposition to TRIPS Waiver Proposal
March 30, 2021On March 30, 2021, AIPLA, alongside three other organizations, submitted a letter to the Office of the U.S. Trade Representative to express support for the United States’ opposition to the TRIPS waiver proposal being discussed at the World Trade Organization (WTO). The letter points out that the TRIPS waiver proposal would waive a variety of IP rights related “to prevention, containment or treatment” of COVID-19. The proposal incorrectly portrays IP as a barrier, but it is expressed, to the contrary, that IP protection enhances developments. The letter states that there are no known examples where IP has been used to limit access to COVID-related technology ‒ rather innovator companies have partnered and shared IP to create tools to address the pandemic. Should the proposed TRIPS waiver be implemented, it is noted that it would have an immediate chilling effect on continued research and necessary collaboration.
AIPLA Comments on the China National Intellectual Property Administration (CNIPA) Administrative Adjudication Measures for Early Resolution Mechanism for Drug Patent Disputes
March 26, 2021On March 26, 2021, AIPLA submitted comments regarding the China National Intellectual Property Administration (CNIPA) Administrative Adjudication Measures for Early Resolution Mechanism for Drug Patent Disputes. In the comments, AIPLA requests clarification of handling of patent invalidity challenges, since substantial ambiguity remains. AIPLA requests an 8-month deadline to complete the adjudication in the Draft Measures, and requests extensions of notice periods and filing deadlines. AIPLA also requests that the Draft Measures include a corresponding provision providing that if a case has been accepted by either CNIPA or the People’s Court, any case subsequently filed in the other tribunal shall not be accepted on the same asserted claims. Finally, AIPLA requests that all possible appeals have been resolved or the time within which to appeal has expired without an appeal being filed.
AIPLA Statement Against Violence
March 23, 2021As a community, we stand together in condemning the acts of violence against Asian Americans that have occurred over the past year. Recent events are an awful reminder that much work remains. We must unite to support each other, both personally and professionally, now more than ever. Let us ensure that AIPLA and the entire IP community are places where we listen to and value each other’s experiences and perspectives.
AIPLA Submits Comments in Response to the Discussion Draft of The Digital Copyright Act (“DCA”)
March 22, 2021On March 22, 2021, AIPLA submitted comments to Senator Thom Tillis in response to the discussion draft of The Digital Copyright Act (“DCA”) of 2021. AIPLA’s comments largely mirror and reflect AIPLA’s positions expressed on prior occasions, with comments directed to the concepts addressed and not to any specific proposed language. AIPLA’s comments support the concept of advancing the DMCA towards a “notice-and-staydown” regime. AIPLA also advocates further study into the use of a standardized unique identifier that would more effectively identify content.