IAM Magazine

SEPTEMBER 10, 2021

The appeal judges’ recent decision in favour of Ericsson over HTC endorsed the comparable licensing royalty valuation approach and confirmed such disputes were about breach of contract, not patent law.

Contracts 52

Contracts Licensing Patent Law Law 52

IIPRD

FEBRUARY 6, 2024

A thorough awareness of intellectual property laws is crucial, regardless of your career goals—be they that of a fashion designer, singer, filmmaker, or just someone curious about the legal side of entertainment. Copyright law protects you as a musician by preventing unauthorized use of your creative works.

Intellectual Property 52

Intellectual Property Cease and Desist Copyright Law Music 52

IAM Magazine

SEPTEMBER 10, 2021

The appeal judges’ recent decision in favour of Ericsson over HTC endorsed the comparable licensing royalty valuation approach and confirmed such disputes were about breach of contract, not patent law.

Contracts 52

Contracts Licensing Patent Law Law 52

IPilogue

JULY 22, 2022

In this role, she presented a seminar with the City of Barrie Sandbox Centre along with her peers on “ The Mechanics of Filing a Patent & Patent Law ”. D’Agostino on research around privacy rights in contract tracing amidst the COVID-19 pandemic. Outside of her course involvement, she also worked with Prof.

Intellectual Property 116

Intellectual Property Intellectual Property Law IP Artwork 116

Patently-O

NOVEMBER 28, 2022

Since there are no annual dues, CLE requirement, or even check-in many folks continue to stay on the rolls even though they are not practicing patent law. One example is my colleague Professor Royce Barondes who passed the patent bar exam prior to law school and then never practiced in the field.

Patent Prosecution 92

Patent Prosecution Patent Patent Application Contracts 92

Olartemoure Blog

MAY 13, 2022

On 5 May 2022, The People’s Republic of China (PCR) deposited a declaration of extension of the territorial application of the United Nations Convention on Contracts for the International Sales of Goods (CISG) to Hong Kong, Special Administrative Region. . 12/05/22 – International Trade. 12/05/22 – International Trade.

Non-Fungible Tokens 52

Non-Fungible Tokens Intellectual Property Moral Rights Contracts 52

The IPKat

APRIL 22, 2024

Aimed at private practice lawyers, judges, prosecutors, ministry officials and other practitioners seeking an introduction to European information technology law, this live online course will offer participants the possibility to interact instantly and directly with top-class speakers while saving you time and money.

Intellectual Property Law 62

Intellectual Property Law Intellectual Property IP Litigation 62

LexBlog IP

MARCH 13, 2024

Patents The Report discussed in section IV: (i) the use of NFTs to manage registration, ownership, and licensing of patents; and (ii) how current patent laws apply to NFT-related inventions. Patent applicants and practitioners could benefit from guidance regarding obtaining patents in the context of NFTs.

Reporting 52

Reporting Non-Fungible Tokens IP Intellectual Property 52

The IPKat

DECEMBER 23, 2023

Katfriend Léon Dijkman discussed the role of the proportionality test under European patent law in deciding whether to grant an injunction. Trade Marks Chijioke Okorie provided an overview of the key developments in trade mark law across the African continent as part of the “Africa IP Highlights” series for 2023.

Intellectual Property 67

Intellectual Property IP Copyright Law Invention 67

The IP Law Blog

MARCH 17, 2022

When entering into contracts, parties commonly include forum selection clauses to govern future litigation between the parties. The Court of Appeals for the Federal Circuit has generally recognized that parties can bargain away these rights, including through forum selection clauses in contracts.

Contracts 98

Contracts Intellectual Property Patent Infringement Government 98

LexBlog IP

FEBRUARY 15, 2022

2] The newly amended China Patent Law that took effect on June 01, 2021, extended the term of a design patent from 10 years to 15 years, which is in line with the minimum term of protection that a contracting party must provide is 15 years under the Hague System. 1] See [link]. [2] 2] See , [link].

Designs 40

Designs Design Patent Prosecution Intellectual Property 40

Patently-O

JANUARY 19, 2024

The decision is lacking though because the court does not ground its decision in any particular contract or property tradition. Although it did not state directly, the court appears to have based its contract interpretation on federal patent law as it has done in prior cases. MLB Advanced Media, L.P., 3d 1284 (Fed.

Inventor 67

Inventor Ownership Contracts Intellectual Property 67

Patently-O

MAY 2, 2022

2022) focuses on the classic patent law question of whether the inventor’s pre-filing sales activity serve to bar the patent from issuing. On appeal, the Federal Circuit looked to the contract and its own prior precedent to conclude that a purchase agreement is a classic offer to sell. by Dennis Crouch.

Invention 82

Invention Contracts Licensing Inventor 82

Kluwer Copyright Blog

MARCH 13, 2024

The social contract of copyright, which main purpose is to realize a broader collective concern, the access of citizens to science and culture ( Geiger, 2013 ), lies in the approximation of the interests of rightholders and users. The purpose of copyright, its social and innovation function, is thereby seriously undermined.

Copyright 122

Copyright Art Licensing Contracts 122

The IPKat

JULY 5, 2021

125 provides that, in the absence of its own procedural provisions, the EPO will take account of the relevant provisions of contracting states. 125 could serve as legal basis for the prohibition of double patenting should the relevant provisions exist in contracting states. The EBA evaluated whether Art.

Patent 70

Patent Contracts Art Patent Application 70

LexBlog IP

AUGUST 31, 2021

The decision also found that HTC’s proposed FRAND jury instructions were not a substantially correct statement of the law, because Ericsson’s ETSI FRAND commitment was governed by French contract law, but HTC’s instructions were based on U.S. law without reference or comparison to French contract law.

Licensing 52

Licensing Contracts Law Patent Law 52

The IP Law Blog

MARCH 30, 2023

A small entity is defined under 37 CFR § 1.27 as any “person, small business concern, or nonprofit organization.” In general, an applicant qualifies as a micro entity under 37 CFR § 1.29

Business 98

Business Inventor Patent Licensing 98

IPilogue

OCTOBER 5, 2021

Global issues often alter the patent landscape, encouraging the side-stepping of many patent laws in favour of the public good. More recently, COVID-19 has prompted discussions regarding waiving the patent rights for COVID-19 vaccines to hasten vaccine production and manufacturing around the world.

Patent 106

Patent Licensing Technology IP 106

Kashishipr

JULY 7, 2021

Another mode of protection could be through enforcement of the law against industrial or commercial espionage, breach of contract, and breach of confidence. In the second instance, the proprietor should opt for a trade secret since the Patent Law would be inapplicable. Points of Consideration.

Patent 105

Patent Intellectual Property Invention Patent Law 105

Patently-O

SEPTEMBER 13, 2021

However, this case did not sound in patent infringement, but in breach of contract. law that both the statutory measure for patent damages under 35 USC § 284 and the FRAND commitment call for the imposition of a “reasonable” royalty. patent law with no reference to French contract law.

Licensing 54

Licensing Contracts Patent Law Law 54

Biswajit Sarkar Copyright Blog

DECEMBER 3, 2022

A patent is an exclusive right granted to the owner of an invention, that allows him to prevent others from making, using, or selling the invention without the consent of the owner. The patent law in India is governed by The Patent Act, 1999 (hereinafter referred to as the Act). A patent is territorial in nature.

Patent 52

Patent Invention Patent Application Intellectual Property 52

Patently-O

MARCH 26, 2024

I thought I would write a more complete discussion of this important historic patent case. Atlantic Works has had a profound impact on the development of patent law, particularly in shaping the doctrine of obviousness, but more generally providing theoretical frameworks for attacking “bad patents.”

Invention 57

Invention Art Patent Designs 57

The IPKat

FEBRUARY 23, 2023

In that regard, punitive damages for IPRs infringements have found their places in, but not limited to, China’s Civil Code (CCC), Copyright Law, Trade Mark Law and Patent Law (see former IPKat posts here and here ). On the contrary: it has embraced them as a useful tool.

Settlement 70

Settlement Patent Infringement Patent Intellectual Property 70

The IPKat

OCTOBER 7, 2021

Monsanto concluded an agrobiotechnology licensing contract with its Burkinabe counterpart, AICB, which groups INERA (Burkina Faso’s national agricultural research institute), the Burkinabe cotton farmers (see UNPCB ) and cotton firms Sofitex , Socoma and Faso Coton. Just by contracting with AICB, Monsanto could capture the cotton areal.

Patent 76

Patent Government IP Technology 76

Patently-O

APRIL 11, 2024

Because that activity is domestic, the lost profits for lost service contracts were the result of a permissible domestic application of the statute. Amy Landers has offered a comprehensive and thorough analysis of proximate cause in the patent context in Proximate Cause and Patent Law.

Patent 80

Patent Invention Technology Patent Law 80

IP and Legal Filings

APRIL 18, 2023

The Issue The Indian Patent Office , has for the first time rejected to recognize the claim of AI to be an inventor relying upon Section 2 and 6 of the Indian Patents Act, 1970 (Hereinafter, the Act). [1] 2] However, some argue that AI systems should be granted legal personality and be allowed to own patents. 6] Shri Justice N.

Inventor 52

Inventor Moral Rights Patent Invention 52

43(B)log

FEBRUARY 3, 2023

Lemley: Patent law uses the actual license amount; there’s no reason to use a multiplier when we actually know. But that’s supposedly not the law we have, and also brings in punitive damages constitutional jurisprudence. Universal, 2019: Software company A sells to B with a contract that maybe prohibits modification.

Copyright 59

Copyright Copying Music Fair Use 59

The IPKat

JANUARY 7, 2024

Hanshow does not indicate what law was applied for the purposes of claim interpretation. However, under Article 24 UPCA , the applicable laws for the UPC include the EPC and the national law of the contracting states. We now await to see if SES will appeal the decision to the UPC Court of Appeal.

Patent 97

Patent Law Contracts Invention 97

IP and Legal Filings

NOVEMBER 30, 2022

Collateral between the investor and the creative economy actor can be in the form of: Fiduciary guarantee of intellectual property; A contract for creative economic activities; and/or. The valuation of the IP that is used as collateral must be done using the following approach: Cost approach; Market approach; Revenue approach: and/or.

IP 52

IP Intellectual Property Business Government 52

LexBlog IP

DECEMBER 6, 2022

Patentable subject matters are limited (not everything may be patented) and the regulations exclude a number of innovations from patentability, such as plants, animals, biological proceedings, therapeutic or surgical methods, or any innovation which is contrary to morality and public order.

Patent 52

Patent Confidentiality Invention Government 52

Trading Secrets

APRIL 18, 2023

Disclosure of Patentable Ideas To figure out if disclosing invention details to ChatGPT is a public disclosure under patent law, we need to see if it can be categorized as a description in a printed publication, public use, or public sale.

Invention 59

Invention Confidentiality Privacy Public Use 59

LexBlog IP

APRIL 18, 2023

Disclosure of Patentable Ideas To figure out if disclosing invention details to ChatGPT is a public disclosure under patent law, we need to see if it can be categorized as a description in a printed publication, public use, or public sale.

Invention 59

Invention Confidentiality Privacy Public Use 59

LexBlog IP

APRIL 18, 2023

Disclosure of Patentable Ideas To figure out if disclosing invention details to ChatGPT is a public disclosure under patent law, we need to see if it can be categorized as a description in a printed publication, public use, or public sale.

Invention 52

Invention Confidentiality Privacy Public Use 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 3, 2023

Sara’s IP litigation experience includes both patent litigation and trade secret misappropriation litigation, which often also include various associated breach of contract and business torts. from the University of Georgia School of Law and was the senior notes editor of the Journal of Intellectual Property Law.

Intellectual Property 52

Intellectual Property Journalism Intellectual Property Law Litigation 52

Patently-O

APRIL 12, 2024

” [1] The DLT can be seen as parallel to the Patent Law Treaty (PLT) adopted in 2000 that helped to harmonize and standardize the formal patent procedures such as the filing requirements sufficient for obtaining a filing date. The deadline to submit written comments is June 25, 2024.

Designs 40

Designs Design Law Registration 40

The IPKat

SEPTEMBER 12, 2021

Insofar as points of law are concerned, this also applies, for instance, to the question of whether the subject-matter of a property right was obvious in the light of prior art." Indeed, Merpel is struck by the comment about the " UK court is not here to police European patents across Europe ".

Litigation 98

Litigation Patent Marketing Marketing 98

The IPKat

JUNE 29, 2022

Under the planned new exception, rightholders will still have safeguards to protect their content, including a requirement of lawful access. For AI-devised inventions no change to UK patent law are being currently considered. As stated, the main safeguard for rightholders will be the requirement of lawful access.

Government 136

Government Copyright IP Invention 136