Access to Knowledge: A Guide for Everyone by Frederick Noronha, Jeremy Malcolm

By Frederick Noronha, Jeremy Malcolm

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However in June 2010, the Bilsky v Kappos decision handed down by the US Supreme Court rejected this broad test, whilst leaving the exact scope for the patentability of software unclear. The test now being used by US trademark examiners looks to whether the invention is tied to a particular machine or apparatus, or transforms a particular article into a different state or thing. Many if not most software inventions that could be patented before, can probably still be patented under this test. The European Patent Convention, a pre-EU instrument dating from 1974, actually expressly excludes “computer programs .

Cit. (as in n. 15), p. 17. 1. Copyright that “ICTs [information and communications technologies] allow people, anywhere in the world, to access information and knowledge almost instantaneously. 7 The force and specificity of the recommendations flowing from this principle were in many respects diluted by the imperative to agree them by intergovernmental consensus; thus for example whilst an earlier negotiating text had lauded the benefits of free and open source software (FOSS) to promote access to information, US and EU objections saw this reference removed from the Geneva text in favour of a direction that a variety of software models, including proprietary software, should be promoted.

3. IP enforcement ternational trade measures, enforcement by intermediaries, and enforcement through the criminal law. We will not specifically consider in this chapter what might, until recently, reasonably have been assumed to be the primary mechanism of enforcement of private IP rights: civil legal action. 1 Enforcement through piracy laws Anti-Counterfeiting Trade Agreement The Anti-Counterfeiting Trade Agreement is a plurilateral (involving more than two sides or parties) agreement currently under negotiation by a small number of countries outside of WIPO and the WTO.

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