[pp.int.general] URGENT! Term Extension of Related Rights in Sound Recordings in EU

Patrick Mächler aka Valio pirate at valio.ch
Mon May 10 01:16:06 CEST 2010


On Sat, May 8, 2010 at 4:06 AM, Rodrigo Pereira <rodripe at gmail.com> wrote:

> 2010/5/7 Amelia Andersdotter <teirdes at gmail.com>
>
>
>>
>> once unprotected, always unprotected. that's why they're so keen to
>> get the extensions in place on time.
>>
>
> This apparently does not apply to exceptions in patents...
>
> "Generic drugs from India which are meant for Latin American countries have
> been seized by European port authorities alleging infringement of
> intellectual property rights."
>
>
> http://www.dancewithshadows.com/pillscribe/huge-seizure-of-indian-generic-drugs-at-eu-ports-india-global-ngos-cry-foul/
>

Every jurisdiction has their own regulation on copyright, patents and
trademarks.
The drugs were obviously not patent protected in India and Latin America,
but they were in the EU.(*)

However if anything becomes unprotected in a certain jurisdiction it
*usually* remains like that *there*.
E.g. in Switzerland they didn't introduce 70 year copyright protection
before 1992 (which was quite late), so all works from creators deceased 1942
or before are in the public domain; I can create new art with it and
distribute it freely within Switzerland, but I might infringe German
copyright if I were to distribute it (or even transport it through) there,
given that those works I based my creation upon are not in the public domain
yet there.

(*) I think that's actually a strange example, as up to now AFAIK only
trademark infringement could be easily seized at ports, but not products
with infringing copyright or patents. But maybe that's only true for
Switzerland and not the rest of Europe...
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