Mon.Jul 11, 2022

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Copyright’s International Conventions: The Importance of Membership-Part 1 (The United States and the Berne Convention)

Hugh Stephens Blog

Back in the first half of the 19th century, despite reasonably robust national copyright laws (for the era), protecting author’s rights was still a major problem. Works protected in one country were not protected elsewhere, leading to “legalized piracy”.

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Artificial intelligence is not breaking patent law: EPO publishes DABUS decision (J 8/20)

The IPKat

The EPO Board of Appeal has published its full decision on the question of whether a machine can be an inventor ( J 8/20 ). The Board of Appeal had previously announced its decision to refuse two European patent applications naming an algorithm ("DABUS") as the sole inventor at the end of last year ( IPKat ). The decision in J 8/20 demonstrates that the current patent system is more than capable of dealing with AI inventions when and if they arise, without harming innovation or treating the AI i

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Iconic Demonii BitTorrent Tracker Makes Comeback With Millions of Users

TorrentFreak

Trackers are a crucial part of the BitTorrent infrastructure, making it easier for downloaders and uploaders to connect to each other. Technically speaking trackers are similar to a DNS provider, they function as a ‘phone book’ pointing people to content without knowing what it is. Demonii Tracker. In 2015, Demonii was the largest torrent tracker around.

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A License to Steal IP: What Partnering with China Really Means for Businesses

IP Watchdog

“The nine most terrifying words in the English language are: I’m from the Government, and I’m here to help,” said President Ronald Reagan during a press conference on August 12, 1986. This is one of President Reagan’s most often quoted quips, and for a reason. The Government can certainly help people in times of need, but it can also be a scary bureaucracy, particularly when it shows up unannounced and uninvited.

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Software Composition Analysis: The New Armor for Your Cybersecurity

Speaker: Blackberry, OSS Consultants, & Revenera

Software is complex, which makes threats to the software supply chain more real every day. 64% of organizations have been impacted by a software supply chain attack and 60% of data breaches are due to unpatched software vulnerabilities. In the U.S. alone, cyber losses totaled $10.3 billion in 2022. All of these stats beg the question, “Do you know what’s in your software?

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O Prior Art, Prior Art, Wherefore Art Though Prior Art? 

Patently-O

by Dennis Crouch. In a new opinion the court asked and answerd an interesting question: What if most on-point prior art was accidentally created due to a typographical error? In LG Electronics, Inc. v. ImmerVision, Inc., — F.4th — (Fed. Cir. 2022) , the Court sided with the patentee in holding that a person of skill in the art would have “disregarded or corrected” the error rather than relying on the error as the foundation of an inventive project.

Art 138
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Of geographical indications and their reputation

The IPKat

This Kat has recently assisted to a “ Track Case Law ” webinar, delivered by speakers from the Boards of Appeal (BoA) of the EUIPO. The webinar covered latest judgments of the BoA, General Court (GC) and Court of Justice of the European Union (CJEU). During the discussion, the speakers raised an interesting point: are all geographical indications (GIs) intrinsically reputed?

Art 131

More Trending

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Publishers’ Suit Against Internet Archive is Pro-Author, Not Anti-Library

The Illusion of More

“The raggedy state of my books that some readers and educators hand me to sign is the best compliment of all.” – Sandra Cisneros – The matter of Hachette et al. v. Internet Archive should be short work for a court in the Second Circuit (or any circuit). The allegations about IA imply an operation […]. The post Publishers’ Suit Against Internet Archive is Pro-Author, Not Anti-Library appeared first on The Illusion of More.

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Why do only fools and horses write original material? UK court finds copyright infringement of ‘Del Boy’ character

Kluwer Copyright Blog

Photo by PJ Gal-Szabo on Unsplash. Introduction. The Intellectual Property Enterprise Court (IPEC), part of the English High Court, has ruled that copyright subsists in the character of Derek ‘Del Boy’ Trotter and that a character can be protected as a literary work under the UK’s closed list of copyright works ([ 2022] EWHC 1379 IPEC ). That copyright was found to have been infringed by the creators of an ‘interactive dining experience’ which used Del Boy and the other main characters from ‘

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Fifth Circuit Panel Questions Appellate Jurisdiction of US Inventor’s APA Claims Over Fintiv’s Lack of Notice and Comment Rulemaking

IP Watchdog

On July 6, the U.S. Court of Appeals for the Fifth Circuit heard oral arguments in US Inventor v. Hirshfeld, an appeal from a lawsuit first filed in February 2021 to challenge the U.S. Patent and Trademark Office’s (USPTO’s) development of the Fintiv framework for discretionary denials of petitions for Patent Trial and Appeal Board (PTAB) proceedings.

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AI Artwork: Worth a Thousand Words, but Zero Copyright Protection?

JD Supra Law

Technology is changing, but is copyright law keeping up? Stephen Thaler clearly believes it is not and has sued the U.S. Copyright Office over its refusal to register artwork created by his artificial intelligence software. .

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IPO Diversity in Innovation Toolkit

Women and diverse employees have the technical skill and knowledge, yet their contributions are not patented at the same rate as those of their male counterparts.This toolkit can help organizations move the needle on achieving gender parity in innovation.

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Sorry you’re sick. But virus the money

Likelihood of Confusion

A recent decision out of SDNY rejects defendants’ claim that “inability” to pay on a consent judgment “due to” financial difficulties arising from COVID-19 translates to the defense of legal. The post Sorry you’re sick. But virus the money appeared first on LIKELIHOOD OF CONFUSION™.

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Senators Ask USPTO and US Copyright Office to Conduct NFT Study, with a Focus on IP Issues

JD Supra Law

With a market capitalization forecast of over $35 billion for 2022, there is no question that non-fungible tokens (NFTs) are hugely popular. Despite this, the intellectual property rubric underlying these NFT offerings are inconsistent, confusing, and in many cases in conflict with applicable law.

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Gain Competitive Business Advantages with this AI Roadmap

IP.com

The modern business environment exists on a playing field of new technology. At the heart of the competition happening here is workflow automation with AI. The domain of AI is. The post Gain Competitive Business Advantages with this AI Roadmap appeared first on IP.com - IP Innovation and Analytics.

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The Further Elucidation of Domestic Dog Ancestry

JD Supra Law

An international cadre of scientists* from almost 70 institutions worldwide recently reported their findings in the scientific journal Nature that the domesticated dog (Canis familiaris) arose from two populations of ancestral grey wolves (Canis lupus).

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Principal Kelly Del Dotto Interviewed by The Pharma Letter for “Regulatory Q&A: U.S. Patent Law and The Orange Book”

Fish & Richardson Trademark & Copyright Thoughts

A key part of the patent landscape, the Orange Book provides a reference list of therapeutics that the Food and Drug Administration (FDA) has approved, making it convenient for physicians to find generic equivalents. The Pharma Letter asked Fish Principal Kelly Del Dotto for an overview of changes made under the recent Orange Book Transparency Act, as well as insight into potential exclusivity changes under consideration by the U.S.

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Patent Poetry: Big Tech Companies and Startups Disagree about Impact of Patent Law

JD Supra Law

The US Patent and Trademark Office (USPTO) recently issued a study entitled “Patent eligible subject matter: Public views on the current jurisprudence in the United States.” The report was prepared in response to a request from Senators Thom Tillis (R-NC), Mazie Hirono (D-HI), Tom Cotton (R-AR), and Chris Coons (D-DE) in March of 2021.

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The Law Bytes Podcast, Episode 134: Monica Auer on CRTC Governance, Content Regulation and the Radio-Canada Decision

Michael Geist

Over the past couple of weeks, there has been mounting outrage over a CRTC decision involving Radio-Canada and a broadcast segment from 2020 in which the N-word was used multiple times as part of a discussion of a book that contains the word in its title. That decision has sparked cries of censorship and concerns about the CRTC. Given that Canadian Heritage Minister Pablo Rodriguez and the government want to give the Commission even power over Internet content as part of Bill C-11, the implicati

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How Spanish hospitality companies can overcome the staff-shortage challenge

McKinsey Operations

Spain’s hospitality industry could make use of five key acquisition trends to attract and retain talent.

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ITC Monthly Wrap-Up: June 2022

Fish & Richardson Trademark & Copyright Thoughts

This month, there were two new complaints filed at the ITC, including complaints filed by Velodyne Lidar USA, Inc. ( Certain Rotating 3-D LiDAR Devices, Components Thereof, and Sensing Systems Containing the Same , Inv. No. 337-TA-3624) and Maxell, Ltd. ( Certain Mobile Electronic Devices , Inv. No. 337-TA-3625). The Commission also instituted six new investigations in June.

Patent 72
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Fla. Man Trafficked Fake Cisco Devices Worth $1B, Feds Say

IP Law 360

A Florida man has been indicted in New Jersey federal court for allegedly selling counterfeit Cisco networking equipment worth over $1 billion through various online storefronts.

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Federal Circuit Holds Transcription Error Cannot Be Used to Prove Obviousness

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) earlier today held in a precedential decision that a typographical error in a prior art document would have been dismissed by a person of ordinary skill in the art (POSITA) and thus could not be used to prove obviousness. The appeal was brought by LG Electronics, Inc, against ImmerVision, Inc. and related to claims of U.S.

Art 68
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USPTO, Copyright Office To Study NFTs' IP Impact

IP Law 360

The U.S. Patent and Trademark Office and U.S. Copyright Office are launching a joint study on nonfungible tokens, following a request to do so by lawmakers who said it was "imperative" to understand NFTs' impact on intellectual property rights.

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Sustainability value in chemicals: Market tailwinds versus ESG scores

McKinsey Operations

New research shows that chemical companies with sales exposure to end markets aligned with sustainability have higher valuations.

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BMI Hits Back Against Radio Group's New Rate Request

IP Law 360

Music licensing group BMI is pushing back against a bid by radio stations to have the same judge set licensing rates for both BMI and the American Society of Composers, Authors and Publishers, arguing long-standing orders forbid a joint proceeding.

Music 75
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MassMutual’s Roger Crandall on disrupting your own industry

McKinsey Operations

The long-time CEO of the US insurer reflects on the changes in the industry, the risk environment, and the CEO role.

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Agreement Among Litigants Key To Using E-Discovery Tech

IP Law 360

Parties are increasingly using e-discovery technologies to control costs, but as a New York federal court order in Actos Antitrust Litigation shows, a well-drafted, negotiated protocol allows them to address potential objections prior to use and helps protect against later claims of incomplete production, say attorneys at McGuireWoods.

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Court analytics show Zebra’s $360M settlement with Honeywell follows litigation track record

IAM Magazine

The outcome was unsurprising considering Zebra’s settlements in other litigation, though a newly announced licence with InterDigital proves the company also comes to the negotiation table

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Chinese Smartphone Maker Can't Get UK Nokia Suit Paused

IP Law 360

A London court on Monday shot down consumer electronics company Oppo's appeal to pause Nokia's standard essential patent suit, rejecting the smartphone maker's argument that the case should be litigated in China.

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Role of Arbitration In Intellectual Property

Biswajit Sarkar Copyright Blog

Intellectual property rights are becoming increasingly globally and economically oriented. Due to the varied jurisdiction and the different rules that will be used, the parties to IP issues at the international level may be unable to file a court case. Therefore, in order to resolve disputes in light of the emergence of globalisation, it is crucial to switch to another legal option.

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Godzilla Creator Wants To Stomp Chinese Counterfeiters

IP Law 360

The film company behind Godzilla filed a trademark infringement suit in Illinois federal court on Monday accusing a network of online marketplaces of selling "inferior imitations" of genuine Godzilla merchandise.

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A blow to image rights?: the Supreme Court rules on the protection of the personality rights of deceased celebrities

Garrigues Blog

The Supreme Court has again ruled on the protection of the personality rights of deceased celebrities. Analyzed in conjunction with the previous Dalí judgment, this new ruling may introduce some uncertainty as to the post mortem scope of protection of such rights. A judgment by the Supreme Court (Civil Chamber) of June 16, 2022 (see here ), concluded that the use of the image of the lead singer of the bands Golpes Bajos and Siniestro Total – who died in 2013 – by the sponsor of a music festival

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The marking of trademarks in Canada

JD Supra Law

Trademark symbols, including ® and TM, and their French counterparts MD and MC, are commonly seen in the Canadian and international marketplaces. While such symbols are easy to recognize, it is important to understand the differences between them, their significance, and how to properly use them.

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Toilet Paper Disputes: The Arguments go Beyond the Way of the Roll

LexBlog IP

To start, Patent No. 465,588 ends the argument of which way the toilet paper roll should be (pictured above). However, the toilet paper disputes are far from over. In fact, Westlaw has published eighty-two federal intellectual property cases discussing toilet paper from 1889 to date. Moreover, seventeen of these cases really were on a roll. Specifically, seventeen of these cases covered disputes over toilet paper. 1-17 Ten of these cases made their way to the United States Court of Appeals, whil

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Artists’ Resale Rights – What changes will the UK and EU Free Trade Agreements bring to NZ?

JD Supra Law

In late February 2022, New Zealand signed a free trade agreement with the United Kingdom, and has now also concluded negotiations with the EU on a free trade agreement. Not only do these agreements provide more favourable market access for New Zealand traders, they will drive developments in the intellectual property space including around artists’ resale rights.

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A Global Code of Conduct for Researchers

Velocity of Content

The identification of fossil remains of humankind’s most ancient ancestors. The enumeration of news species in every corner of the animal kingdom. Fieldwork and data collection of all sorts – from geoscience to public health. Important, groundbreaking research happens across Africa. Yet African scientists and institutions rarely see credit in the world’s most recognized scholarly journals, according to Dr.