Fri.Feb 24, 2023

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The Bill C-18 Reality: Everyone Loses When the Government Mandates Payments for Links

Michael Geist

The report that Google is conducting a national test that removes links to Canadian news sites for a small percentage of users sparked a predictable reaction as politicians who were warned that Bill C-18 could lead to this, now want to know how it could happen. None of this week’s developments should come as a surprise. Bill C-18 presents Google and Facebook with a choice: pay hundreds of millions of dollars primarily to Canadian broadcasters for links to news articles or stop linking.

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Japan’s Systematic Assault on Manga & Anime Piracy Broadens & Intensifies

TorrentFreak

After thriving in what was once a localized traditional market, Japanese comics known as ‘manga’ took the world by storm. Publishers and authors could only watch as their work fueled a huge but unlicensed black market. By offering free localization and distribution services in what was once a chronically underserved overseas market, hobbyist translators and pirate sites made manga more accessible in every way.

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Long walk to copyright reform (Pt 5B): Contents and process: The Blind SA decision and the Constitutional Court

The IPKat

This is the promised second part of the post reviewing the South African MPs’ opposition to the Copyright Amendment Bill (CAB). As stated in the first part , “[g]iven that the key concerns against the CAB was that if passed, it may end up before the ConCourt, it appears the Court’s decision in Blind SA v Minister for Trade, Industry and Competition & others may offer a foretaste of what could happen should the CAB end up before that court”.

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Anonymous for Now: Demystifying Data De-Identification

IPilogue

Egin Kongoli is a 3L JD Candidate at Osgoode Hall Law School. This article was written as a requirement for Prof. Pina D’Agostino’s IP Innovation Program. Canada is getting serious about consumer privacy, or so our lawmakers claim. Parliament has recognized the public’s need for a data framework that ensures proper transparency and accountability. [i] Ottawa’s response is Bill C-27 and the proposed Consumer Privacy Protection Act ( CPPA ), meant to govern the future collection, use, and disclos

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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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Mojang Targets Repositories of Browser-Based Minecraft Copy ‘Eaglercraft’

TorrentFreak

Minecraft is, without doubt, one of the most iconic and recognizable videogames of recent times. The game was originally created by Markus “Notch” Persson, who also founded Mojang Studios, which continues to develop the software today. In the years following its first release in 2011, Minecraft captured a truly massive audience. With more than 238 million copies sold, it’s also the best-selling video game in history, a reign that looks set to continue.

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‘Confidence without attitude is critical for today’s leaders’

McKinsey Operations

In the fourth episode of The Quarterly Interview: Provocations to Ponder, Ann Harrison, dean of the Haas School of Business, talks about what it takes to develop leaders for the modern era, and what makes for a great business education today.

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Telecom networks: Tracking the coming xRAN revolution

McKinsey Operations

A boom in adoption of new technologies could help fuel innovation and cost reduction, but the industry must navigate several issues to deliver on the full promise of xRAN.

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Examining the ‘MetaBirkins’ Case: Exclusion of Rothschild’s Art Expert May Have Affected Jury Verdict

IP Watchdog

Luxury design house Hermès International and Hermès of Paris, Inc. (Hermès) is known for designing, producing and marketing the iconic Birkin handbag. Since 1986, Hermès has sold over $1 billion worth of these handbags in the United States, with over $100 million dollars of sales in the past 10 years alone. With its distinctive appearance and high price tag, the Birkin bag is considered a symbol of wealth and exclusivity.

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Black swans, gray rhinos, and silver linings: Anticipating geopolitical risks (and openings)

McKinsey Operations

The need for board-level strategic conversations on geopolitical risk is urgent.

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U.S. Commerce Secretary Raimondo Outlines Vision for Implementation of the CHIPS and Science Act

U.S. Department of Commerce

U.S. Commerce Secretary Raimondo Outlines Vision for Implementation of the CHIPS and Science Act February 24, 2023 KCPullen@doc.gov Fri, 02/24/2023 - 14:43 ICT Supply Chain Infrastructure Investing in communities and workers Manufacturing Workforce Development Issues call to action to unite in driving technological progress and ensuring America’s global leadership Yesterday, U.S.

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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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Vain reaction

Likelihood of Confusion

The first two-thirds of this video is a story about a fundamental misunderstanding about what intellectual property is, in the sense of intellectual property that can legally “protected” (i.e., monopolized). Were these guys under a misunderstanding, or did they try to play on the misunderstanding of others? Ultimately some appropriately rude treatment by the Trademark Office burst their bubble.

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StubHub Backed Astroturf Posing as Fans Deceive GA Legislators in Attempt to Draft Bill That Would Cement StubHub’s Dominance in Ticket Resale.

The Trichordist

Georgia’s music advocacy coalition GMP along with artists and independent venues have been raising the alarm about a draft bill in the Georgia State Legislature that would… Read more "StubHub Backed Astroturf Posing as Fans Deceive GA Legislators in Attempt to Draft Bill That Would Cement StubHub’s Dominance in Ticket Resale.

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Fed. Circ. Won't Let Jazz Keep System Patent In Orange Book

IP Law 360

Jazz Pharmaceuticals must remove a patent from the Orange Book listing for its blockbuster narcolepsy drug Xyrem, as it covers neither the drug itself nor a method of using it, the Federal Circuit concluded Friday.

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CNIPA Issues Significant Draft Amendment to the PRC Trademark Law

JD Supra Law

The China National Intellectual Property Administration (CNIPA) circulated a draft amendment to the PRC Trademark Law (TML Draft Amendment) for public comment on January 13, 2023. The TML Draft Amendment is the product of deliberations that officially commenced in 2018 and resulted in the 2019 stopgap revisions to the Trademark Law that were primarily focused on addressing the issue of trademark hoarding.

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High Court Axe Of Atty-Client Privilege Case Deepens Split

IP Law 360

The U.S. Supreme Court's recent dismissal of In re: Grand Jury as improvidently granted maintains a three-way circuit split on the application of attorney-client privilege to multipurpose communications, although the justices have at least shown a desire to address it, say Trey Bourn and Thomas DiStanislao at Butler Snow.

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Early Results of USPTO’s New Climate Change Mitigation Pilot Program

JD Supra Law

The United States Patent and Trademark Office launched the Climate Change Mitigation Pilot Program last year to incentivize the filing of patent applications that cover technologies directed to climate change mitigation. With information on the program available to the public, it is time to review the progress of the pilot program.

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Jury Finds Game Co. Violated 'Pennsylvania Skill' Trademark

IP Law 360

A Pennsylvania federal jury found Friday that Pace-O-Matic's Pennsylvania arm and its affiliates had a rightful claim to the name "Pennsylvania Skill" for their game machines, and that their former distribution partner had wrongfully copied and tried to trademark it.

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Success in the M&A rebound: Riding the coming wave of upstream deals

McKinsey Operations

Historically high cash generation across the North American upstream industry could create the perfect market conditions for accelerated M&A activity for market leaders.

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Intel Beats Patent Suit Over CPU Chips In Delaware

IP Law 360

Intel Corp. has defeated a suit in Delaware federal court that alleged various lines of the chipmaker's central processing units infringe technology developed by a University of Maryland professor who claimed to have invented an important idea in the world of "parallel computing" in 2006.

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AD-ttorneys@law - February 2023 #2

JD Supra Law

Getty Images Sues AI Image Generator for Copyright Violations - The intersection of artificial intelligence and copyright law is still being mapped.

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Best Practices For Celeb Alcohol Ventures In Growing Market

IP Law 360

Recent data shows that celebrity-owned brands are key drivers for alcohol e-commerce — which is predicted to grow by over 30% in the next five years — so attorneys advising famous clients should review the complex regulatory system for alcoholic beverages in the U.S. before taking up such a venture, say Rachel Lawson and Jacob White at Dickinson Wright.

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With Germany’s Ratification, the EU Unified Patent Court Begins June 1, 2023

JD Supra Law

After years of setbacks, the EU Unified Patent Court (UPC) will begin its work on June 1, 2023. Germany’s ratification of the UPC Agreement on Feb. 17, 2023, triggered a countdown under Article 89 of the UPC Agreement for the UPC to enter into force. According to the UPC, the launch of the unified court “will mark a new era for European innovation.”.

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Veg. Meat Co. Fights Bid To Shift Dunkin' TM Row To Mass.

IP Law 360

A company accusing Dunkin' Brands Group of trademark infringement over a plant-based sausage product objected Thursday to a recommendation to grant Dunkin's bid to move the suit to Massachusetts, arguing it would most likely lose its key trial witnesses in Florida if the suit were moved.

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Relying on AI-Generated Text and Images? You May Be Building Your Copyright House on Sand

JD Supra Law

A February 21, 2023, decision by the U.S. Copyright Office has given all creators and companies reason to think twice before jumping on the generative AI bandwagon. Over the past six months, the world has been fascinated by the explosion of “generative” artificial intelligence programs — in other words, AI programs that generate content in response to human requests.

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Thomson Reuters Pushes For Wins In IP Suit Against ROSS

IP Law 360

Copying the work of a competitor's editors to create an artificial intelligence-powered database is an undisputed violation of copyright, Thomson Reuters told a Delaware federal court Thursday asking for summary judgment against ROSS Intelligence Inc., which Reuters accuses of illegally using its Westlaw without permission or compensation to create another product.

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Disclosures And Enforceability Of Standard-Essential Patents (Part 2 of 7)

JD Supra Law

DISCLOSURES OF ESSENTIAL PATENTS TO SDOs: THE CASE OF ETSI - SDO IPRs policies can vary according to their goals, their membership, and the needs of the industry in which they commercialize their standards. Hence, there is no across-the-board harmonized approach regarding disclosures of essential patents. Nevertheless, some patterns can be identified: (a) for SDOs that require disclosures of essential patents individually, such as ETSI, those SDOs allow members to be over-inclusive by.

Patent 55
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UK Litigation Roundup: Here's What You Missed In London

IP Law 360

The past week in London has seen global law firm Dentons sued by property investment company RBE Investments, six film studios including Universal, Disney and Paramount sue six U.K. internet service providers over pirating websites, and the former chair of the school at the center of New York Times podcast investigation The Trojan Horse Affair bring libel proceedings against the Guardian newspaper.

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A Leap of Good Faith: When Cries of “They Copied Us” Cannot Be Stopped

JD Supra Law

LINE-NETICS, LLC v. NU TSAI CAPITAL LLC - Before Lourie, Taranto, and Stark. Appeal from the U.S. District Court for the District of Nebraska. Summary: Courts cannot enjoin speech by patentholders to third parties alleging infringement where there is an objectively reasonable basis for the allegations.

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Canadian Copyright, Fair Dealing and Education, Part Four: The Disappearance of Course Packs

Michael Geist

Canadian copyright lobby groups effort to persuade the government to restrict fair dealing has often focused on a particular use case: the course pack. For many years, course packs were used by university and college professors to pull together a customized collection of reading materials for their courses. The course packs were copied and typically sold as an alternative to course textbooks.

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IBM No Longer Tops in Annual U.S. Patents Issued

JD Supra Law

For the first time in decades, IBM lost its top spot in total number of utility patents granted by the U.S. Patent & Trademark Office for 2022, with an almost 50% decline from last year. Samsung Inc. is now the world leader with 8,513 issued U.S. Patents in 2022. IBM slipped down into second place with 4,329 issued patents.

Patent 55
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Pixels of Progress: How a microregional perspective can inform your strategy

McKinsey Operations

Over the last three years, companies have faced a series of challenges and crises, from a global pandemic and supply challenges to inflation and rapidly rising food and energy costs. As companies determine the best strategy for the future and how to adjust operations, understanding what places have grown or shrunk at a more granular level is more important than ever.

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When It Comes to Claim Construction, Prosecution History and Specification Rule

JD Supra Law

Addressing claim constructions across two patents that ultimately led to noninfringement findings by a district court, the US Court of Appeals for the Federal Circuit affirmed one construction because it was supported by the prosecution history but reversed another because it was unsupported by the specification. SSI Techs., LLC v. Dongguan Zhengyang Elec.

Patent 55
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FDA Issues CRL for Biocon/Viatris Bevacizumab Biosimilar

LexBlog IP

On Feb 12, 2023, Biocon Biologics announced that the FDA issued a Complete Response Letter (CRL) for its Biologics License Application (BLA) for its biosimilar referencing AVASTIN (bevacizumab), previously submitted by Viatris. Biocon Biologics completed the multi-billion dollar acquisition of Viatris’s global biosimilar business in December 2022.

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No First Place Trophy Here: Public Demo at Trade Show Found Invalidating

JD Supra Law

Addressing the public use bar of pre-America-Invents-Act (AIA) 35 U.S.C. § 102(b), the US Court of Appeals for the Federal Circuit affirmed a district court’s decision to invalidate a patent because the patent owner’s disclosure of a prior art device at a trade show more than one year before the patent’s priority date was an invalidating prior public use.

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Last word on Google / MoveOn… for now

Likelihood of Confusion

Robert Cox: Here’s how Google should change its ad-censoring policy. Looks reasonable to me. Learned commentary is invited. UPDATE: The story, really, is bigger than all this. Originally posted 2007-10-18 15:01:21. Republished by Blog Post Promoter The post Last word on Google / MoveOn… for now appeared first on LIKELIHOOD OF CONFUSION™.