Apple tries to ban Samsung smartphone sales in the U.S.
The other day, i received “alerts” or promotional texts for a Samsung Galaxy and other Samsung android smartphones sales.
Newspeg: “A hearing that will give Apple the stage to argue if Samsung should be banned from selling some of its Android smartphones in the U.S. has been pushed back until December. Xxx The news comes less than a week after a jury awarded Apple more than $1 billion in damages for patent infringements, with a looming possibility that several Samsung devices might be banned from the U.S.” (by Samantha Murphy | Mashable)
But can Samsung later on be enjoined from selling its Android smartphones (Samsung Galaxy etc.) outside the U.S.?
Well, it would take some work: Apple can ask the U.S. government to ask the World Trade Organization to enforce (after notices and hearings) the TRIPS provisions (trade-related aspect of intellectual property rights) of the General Agreement on Tariff and Trade on governments that fail to enforce intellectual property laws (copyright, patents, etc.); the provisions authorize trade sanctions. (asa ka pa, ang dami ngang pekeng Nike)
Right now, it’s just the U.S. market they’re after (although…if Samsung continues selling, the amount of damages already awarded could still be increased later on)
News peg: “The chief of staff of Sen. Vicente “Tito” Sotto III finally admitted that parts of his speech against the RH bill on Wednesday, August 15, were copied from a blog by a foreign author who calls herself the “Healthy Home Economist”.
“Lawyer Hector A. Villacorta, Sotto’s chief of staff, wrote Sarah Pope a response in the comments section of her blog in which he said: ” `I understand you felt slighted that your blog was not attributed to you which became part of the speech of the senator.’ ” (rappler.com)
The following provisions of the Intellectual Property Code may be relevant to the right of the author to require that his/her work be attributed to him/her:
“Chapter X. Moral Rights. Section 193. Scope of Moral Rights. – The author of a work shall, independently of the economic rights in Section 177 or the grant of an assignment or license with respect to such right, have the right:
“193.1. To require that the authorship of the works be attributed to him, in particular, the right that his name, as far as practicable, be indicated in a prominent way on the copies, and in connection with the public use of his work;
“193.2. To make any alterations of his work prior to, or to withhold it from publication;
“193.3. To object to any distortion, mutilation or other modification of, or other derogatory action in relation to, his work which would be prejudicial to his honor or reputation; and
“193.4. To restrain the use of his name with respect to any work not of his own creation or in a distorted version of his work. (Sec. 34, P.D. No. 49)”
“193.2. To make any alterations of his work prior to, or to withhold it from publication;