[digital-copyright] IP weekly news updates

[Jordan Reth <jordan.reth@xxxxxxxx>]

Bruce Lee Estate lands Legal Blows in T-Shirt IP Battle

By: Kurt Orzeck, Law360, March 7, 2013

*
http://www.law360.com/ip/articles/421558/bruce-lee-estate-lands-legal-blows-i
n-t-shirt-ip-battle
*<http://www.law360.com/ip/articles/421558/bruce-lee-estate-lands-legal-blows
-in-t-shirt-ip-battle>



Movie artwork publisher AVELA used Bruce Lee's persona, not his movie
characters likenesses, on T-shirts sold at Target Corp. and Urban
Outfitters Inc <http://www.law360.com/companies/urban-outfitters-inc>.
stores  but its unclear who has the power to enforce Lee's posthumous
publicity rights, a New York federal judge ruled WednesdayU.S. District
Court Judge Kimba M. Wood mostly sided with Bruce Lee
Enterprises<http://www.law360.com/companies/lee-enterprises-incorporated>,
which manages the use of the late martial arts icon's likeness, in its
long-running intellectual property dispute with AVELA over unfair
competition and right of publicity claims.



HathiTrust: An author never forgets

By: Rachel Premack, the Michigan Daily, Feb. 18, 2013

*http://www.michigandaily.com/article/hathitrust*<http://www.michigandaily.co
m/article/hathitrust>



The Authors Guild filed a federal copyright infringement suit in September
2011 against HathiTrust. In October 2012, Federal District Court Judge
Harold Baer ruled against
AG,<http://www.michigandaily.com/news/10-hathitrust-ruling-11%E2%80%9D>which
is currently devising an appeal. Baer wrote in his ruling that
digitization was a transformative act, or one that does not infringe upon
copyright.

I cannot imagine a definition of fair use that would ... terminate this
invaluable contribution to the progress of science and cultivation of the
arts  Baer wrote in the decision. He defined fair use as copyrighted
material that benefits the public in scholarship, teaching and research.


S.350  Fair Access to Science and Technology Research Act of 2013
(proposed)

Introduced by: Sen. John Cornyn (R-TX), U.S. Senate, Feb. 14, 2013

*http://beta.congress.gov/bill/113th-congress/senate-bill/350/text*



To provide for Federal agencies to develop public access policies
relating to research conducted by employees of that agency or from
funds administered by that agency.





Bayer Will Appeal India Compulsory License on Its Cancer Drug

By: Intellectual Property Watch, March 5, 2013

*
http://www.ip-watch.org/2013/03/05/bayer-will-appeal-india-compulsory-licence
-on-its-cancer-drug/?utm_source=post&utm_medium=email&utm_campaign=alerts
*<http://www.ip-watch.org/2013/03/05/bayer-will-appeal-india-compulsory-licen
ce-on-its-cancer-drug/?utm_source=post&utm_medium=email&utm_campaign=alerts>
**

German pharmaceutical manufacturer Bayer has announced it will appeal
yesterdays ruling in India that upheld a compulsory license on one of its
drugs.

We strongly disagree with the conclusions of the Intellectual Property
Appellate Board, Bayer said in a statement. Bayer is committed to
protecting its patents for Nexavar and will rigorously continue to defend
our intellectual property rights within the Indian legal system. We will
pursue the case in front of High Court in Mumbai with a writ petition.