The IP Law Blog

JULY 13, 2021

The Court of Appeal for the Second Appellate District in California was recently faced with these issues in a case involving claims that one neighbor’s use of surveillance cameras violated the other neighbor’s right to privacy. decided July 1, 2021). The Court began with the common law invasion of privacy claim. Bick, et al.

Privacy 98

Privacy Confidentiality Law Publishing 98

LexBlog IP

SEPTEMBER 14, 2021

In our latest Privacy and Security Roundup , we cover the Senate-passed bill that includes nearly $2 billion in national cybersecurity funding, recent sanctions by the SEC on investment advisors and broker-dealers, a new initiative that aims to improve defense planning and information sharing between the public and private sectors, and more.

Privacy 52

Privacy Cease and Desist Government Reporting 52

Trading Secrets

JULY 31, 2023

On July 10th, the European Commission issued its Implementing Decision regarding the adequacy of the EU-US Data Privacy Framework (“DPF”). Since the structure of the program wasn’t the primary reason for Privacy Shield’s revocation, from a business perspective, the current DPF looks a lot like the old Privacy Shield.

Privacy 52

Privacy Business Law Intellectual Property 52

LexBlog IP

OCTOBER 1, 2021

The law does not apply to contracts covering confidential and proprietary information, protection of trade secrets, or inventions assignment agreements. text: ‘Privacy’, }. }. }); }); Application. The law will apply to non-compete and non-solicit covenants. __ATA.initDynamicSlot({. reportAd: {.

Contracts 59

Contracts Confidentiality Privacy Ownership 59

Trading Secrets

APRIL 18, 2023

Although ChatGPT does not currently train on user data (its last training session was in 2021), its data policy for non-API access says it may use submitted data to improve its AI models. However, the data was shared without confidentiality obligations and might be used for future training, so it could be considered public.

Invention 59

Invention Confidentiality Privacy Public Use 59

IP Whiteboard

APRIL 15, 2021

The Duchess of Sussex) was recently granted summary judgment in a privacy claim against Associated Newspapers Limited, over the publication of extracts from a hand-written letter to her father (see HRH The Duchess of Sussex v Associated Newspapers Ltd [2021] EWHC 273 (Ch) ). Background. The Duke of Sussex, a.k.a.

Privacy 40

Privacy Copyright Publishing Law 40

LexBlog IP

JULY 31, 2023

On July 10th, the European Commission issued its Implementing Decision regarding the adequacy of the EU-US Data Privacy Framework (“DPF”). Since the structure of the program wasn’t the primary reason for Privacy Shield’s revocation, from a business perspective, the current DPF looks a lot like the old Privacy Shield.

Privacy 52

Privacy Business Law Intellectual Property 52

LexBlog IP

APRIL 18, 2023

Although ChatGPT does not currently train on user data (its last training session was in 2021), its data policy for non-API access says it may use submitted data to improve its AI models. However, the data was shared without confidentiality obligations and might be used for future training, so it could be considered public.

Invention 59

Invention Confidentiality Privacy Public Use 59

LexBlog IP

MAY 9, 2022

For many trade-secret litigants and their counsel, the solution lies in simply drafting and agreeing to a protective order governing the treatment of any ‘confidential’ material. Among other things, the APO authorized the sealing—in perpetuity—of any documents the parties marked confidential in discovery.

Confidentiality 52

Confidentiality Litigation Privacy Contracts 52

43(B)log

MARCH 21, 2023

He has written and spoken widely on copyright, privacy and other areas of technology law. In 2021, Professor Lerner authored the landmark Rap on Trial Legal Guide, the first-ever treatise on the use of rap lyrics in criminal trials (with Kubrin et al.). In 2015, he authored The Duty of Confidentiality in the Surveillance Age, 17 J.

Technology 59

Technology Journalism Intellectual Property Confidentiality 59

43(B)log

MARCH 15, 2023

He has written and spoken widely on copyright, privacy and other areas of technology law. In 2021, Professor Lerner authored the landmark Rap on Trial Legal Guide, the first-ever treatise on the use of rap lyrics in criminal trials (with Kubrin et al.). In 2015, he authored The Duty of Confidentiality in the Surveillance Age, 17 J.

Technology 59

Technology Journalism Intellectual Property Confidentiality 59

LexBlog IP

APRIL 18, 2023

Although ChatGPT does not currently train on user data (its last training session was in 2021), its data policy for non-API access says it may use submitted data to improve its AI models. However, the data was shared without confidentiality obligations and might be used for future training, so it could be considered public.

Invention 52

Invention Confidentiality Privacy Public Use 52

LexBlog IP

JULY 13, 2021

The Court of Appeal for the Second Appellate District in California was recently faced with these issues in a case involving claims that one neighbor’s use of surveillance cameras violated the other neighbor’s right to privacy. decided July 1, 2021). The Court began with the common law invasion of privacy claim.

Privacy 52

Privacy Confidentiality Law Publishing 52

The IPKat

JANUARY 16, 2022

A Kat being extra careful while Mercury is retrograde Copyright SpicyIP analysed a recent decision from the Bombay High Court, in which it was decided that ideas cannot be copyrighted but can be protected through the application of confidentiality law. Jamaica is the 110th Member State to join the Madrid Protocol.

Blogging 82

Blogging IP Publishing Intellectual Property 82

LexBlog IP

OCTOBER 1, 2022

alleging a pizza franchisee failed to maintain the confidentiality of Texas pizza chain CiCi Enterprises LP’s trade secrets after two affiliates inked a development deal with competitor, Papa John’s. A judge in the Northern District of Texas recently declined to dismiss a lawsuit, CiCi Enterprises LP et al. Mucho Pizza, LLC et al.

Confidentiality 52

Confidentiality Intellectual Property Litigation Ownership 52

LexBlog IP

JUNE 21, 2022

12, 2021), aff’d , No. Among other statutory requirements, the DTSA requires that the purported trade secret owner establish that it “t[ook] reasonable measures to keep such information secret.” ” 18 U.S.C. § § 1839(3)(b). ” Turret Labs USA, Inc. CargoSprint, LLC , No. 19-cv-793EKRML at 4 (E.D.N.Y.

Confidentiality 52

Confidentiality Contracts Licensing Litigation 52

Selvam & Selvam Blog

APRIL 5, 2023

With the abolishment of the Intellectual Property Appellate Board in 2021, cases previously filed with or pending before the IPAB have been transferred to the High Courts. Practitioners have long wished for a separate IP division in High Courts. It then became imperative to establish a separate IP division in the High Courts.

Intellectual Property 52

Intellectual Property IP Confidentiality Privacy 52

Michael Geist

OCTOBER 2, 2023

Bill C-11 (and C-10 before it) included registration requirements from the moment it was introduced, perhaps as a response to a showdown at the CRTC many years ago in which Netflix refused to disclose confidential information to the regulator on the grounds that it did not have jurisdiction and concerns about maintaining confidentiality.

Registration 145

Registration Social Media Confidentiality Government 145

TorrentFreak

MARCH 31, 2023

Canada’s Blocking Fast Track Canada’s Federal Court approved the country’s first IPTV blocking order in 2018, and the Federal Court of Appeal upheld it in May 2021. While that may be considered a plus, customers and privacy advocates may be less pleased with other details. Because that’s what some did.

IP 131

IP Reporting Confidentiality Privacy 131

The IPKat

JULY 13, 2021

In early June, the University of Illinois Chicago School of Law ’s Center for Intellectual Property, Information, and Privacy Law organized and hosted its 12th Annual Ethics in the Practice of IP Law virtual seminar. Gene shared two anecdotes concerning the need to keep OED aware of a change of address.

Law 76

Law Reporting IP Privacy 76

LexBlog IP

MARCH 23, 2022

The Eastern District of New York recently highlighted the importance of maintaining the confidentiality of trade secrets where the underlying trade secrets are readily apparent to anyone interacting with the holder’s product. 19CV6793EKRML, 2021 WL 535217, at *1 (E.D.N.Y. 12, 2021), aff’d , No. CargoSprint, LLC , No.

Licensing 52

Licensing Confidentiality Designs Design 52

LexBlog IP

AUGUST 10, 2021

The group emails were monitored by the employer’s security, privacy, and practices teams, so other employees also may have seen the email. July 29, 2021). The case is Doe v. Lane Fertility Institute for Education and Research, Inc. CIV 2002299 (Marin County, CA), on appeal , No. A162094 (1 st App.

Confidentiality 52

Confidentiality Privacy Reporting Designs 52

LexBlog IP

AUGUST 15, 2023

5/2021 On Dubai International Financial Centre: Dubai Law No. Strengthened Data Protection and Privacy: The law aligns data protection and privacy regulations with international standards, ensuring the secure handling of sensitive information. Dubai Law No.

Government 52

Government Business Law Due Diligence 52

LexBlog IP

JULY 26, 2023

46/2021 Electronic Transactions and Trust Services. 46/2021: Enhancing Trust and Facilitating Electronic Transactions Federal Decree-Law No. 46/2021 focuses on promoting electronic transactions, investment, and the provision of electronic services to the public. 46/2021 and Federal Law No. Federal Decree-Law No.

Business 52

Business Advertising Advertising Contracts 52

LexBlog IP

SEPTEMBER 27, 2021

21, 2021, the Department of Treasury, Office of Foreign Assets Control (OFAC), updated its published guidance regarding sanctions risks associated with making ransomware payments and its official policy on such payments. The updated 2021 guidance retains directives of the 2020 guidance, including coordination with law enforcement.

Privacy 52

Privacy Government Designs Design 52

LexBlog IP

SEPTEMBER 22, 2021

ABL alleged that Zolezzi misappropriated more than 90 confidential and proprietary files. Diomics moved for dismissal, but on September 7, 2021, the Court denied the motion as it related to the trade secret misappropriation claims. The relationship ended unsuccessfully in 2018. The case is Applied Biological Laboratories, Inc.

Business 52

Business Confidentiality Technology Design Patent 52

LexBlog IP

DECEMBER 21, 2021

On October 29, 2021, the District of Delaware allowed Park Lawn Corporation to continue with its trade secret claims against fellow cemetery management competitor, PlotBox, Inc., PlotBox says they had no awareness of a confidentiality or non-disclosure agreement, or that the information provided to them was a trade secret.

Confidentiality 52

Confidentiality Technology Licensing Designs 52

LexBlog IP

AUGUST 11, 2021

Invariably, businesses identify this type of information as proprietary and trade secret in their employee confidentiality agreements and handbooks and subject them to duties of confidentiality. July 7, 2021) No. ” Whiteslate, LLP , 2021 WL 2826088, at *6. In Whiteslate, LLP v. Dahlin (S.D. ” Id.

Confidentiality 52

Confidentiality Contracts Business Litigation 52

LexBlog IP

OCTOBER 27, 2022

2021), the 3rd Circuit cautioned that “[i]njunction orders should not restrain competitors from engaging in lawful business activities” and that “[i]t would take a truly extraordinary showing. Quoting its decision in Mallet & Co. Lacayo , 16 F.4th 4th 364 (3d Cir.

Confidentiality 52

Confidentiality Contracts Law Designs 52

SpicyIP

FEBRUARY 9, 2023

In furtherance of judicial accountability, transparency and the rights of citizens to be informed of Court processes and reasoning, which come under the ambit of Article 19(1)(a) , an e-Committee of the SC published the Draft Model Rules of Live Streaming and Recording of Court Proceedings in May 2021.

Copyright 136

Copyright Government Law Editing 136

LexBlog IP

APRIL 11, 2023

Third, there are potential confidentiality issues to consider. Allowing a third party such as OpenAI to have access to otherwise protected information without a confidentiality agreement in place could constitute a “public disclosure” and risk the loss of protection for the disclosed information. [5]

Social Media 52

Social Media Branding Brands Branding 52

The IPKat

AUGUST 29, 2021

Upon that, The IPKat is delighted to host the following guest post co-authored by Anja Geller (PhD candidate at Ludwig-Maximilians-Universität and Junior Research Fellow at the Max Planck Institute for Innovation and Competition) and Zihao Li (PhD candidate at CREATe, University of Glasgow, on privacy and data protection in the Chinese Civil Code).

Law 97

Law Art Privacy Government 97

Fish & Richardson Trademark & Copyright Thoughts

MARCH 11, 2021

Notably, in early 2021, district courts across the country responded to “recent disclosures of wide-spread breaches of both private sector and government computer systems” by “immediately adding new security procedures to protect highly sensitive documents filed with the courts.” [3] United Indus., 5:14-CV-5147, 2015 WL 11121362, at *3 (W.D.

Confidentiality 52

Confidentiality Government Intellectual Property Privacy 52

LexBlog IP

OCTOBER 29, 2021

Although the case was included in the Supreme Court’s conference schedule on September 27 and October 8, 2021, following those conferences, the Supreme Court has asked the U.S. . (“Tata”) trade secret case concerning damages, and most recently reported by us on September 17, 2020, may continue before the U.S. Supreme Court.

Government 52

Government Confidentiality Reporting Blogging 52

LexBlog IP

JULY 15, 2021

On June 16, and then on July 6, 2021, Connecticut Governor Ned Lamont signed into law a pair of bills that together address privacy and cybersecurity in the state. Both laws take effect October 1, 2021. Public Act 21-59. Personal Information.

Reporting 40

Reporting Privacy Business Licensing 40

LexBlog IP

NOVEMBER 4, 2021

On the other hand, trade secret owners should ensure that customers are contractually bound to keep the trade secret confidential, and be prepared to give access to their source code language in the event it breaches an escrow agreement covering the same. [1] 20-1552, 2021 U.S. 26, 2021). LEXIS 25942 (6th Cir.

Licensing 52

Licensing Confidentiality Contracts Registration 52

LexBlog IP

SEPTEMBER 30, 2021

introduced the “Stopping and Excluding Chinese Rip-offs and Exports with United States Trade Secrets Act of 2021,” also known as the “SECRETS Act of 2021.” Senators John Cornyn (R-Tex.), Christopher Coons (D-Del.), and Todd Young (R-Ind.)

Government 52

Government Intellectual Property IP Confidentiality 52