Mon.Oct 17, 2022

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The DEPA : A Good Beginning, but a Blind Spot re Intellectual Property? (Let’s Take a “DEPA Dive”)

Hugh Stephens Blog

Among the plethora of plurilateral trade agreements covering the Asia Pacific region and beyond—the Comprehensive and Progressive Trans-Pacific Partnership (CPTPP), the Regional Comprehensive Economic Partnership (RCEP), and the Pacific Alliance—there is yet another— one you may not have heard of. The DEPA. (Digital Economy Partnership Agreement).

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RIAA Flags ‘Artificial Intelligence’ Music Mixer as Emerging Copyright Threat

TorrentFreak

Artificial Intelligence (AI) is a buzzword that’s frequently used by startups and established businesses in the tech industry. In some cases, it refers to little more than advanced algorithms, but complex self-learning computer systems with human-like traits are actively being developed as well. From a copyright perspective, AI can bring up some interesting questions.

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Apple’s Dynamic Use of Trademark Law and Jamaica for its Dynamic Island Feature

IPilogue

Alice Xie is an IPilogue Writer and a 1L JD Candidate at Western University’s Faculty of Law. For die-hard Apple fans who were quick enough to get their hands on an iPhone 14 Pro or iPhone 14 Pro Max upon their release in early September, a new feature would have come as a pleasant surprise. Apple users have been dissatisfied with the “notch” — the black space sinking into the top of the screen.

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Bungie Unmasks ‘Cooperative’ Cheat Dev in Wake of $13.5m Award

TorrentFreak

In response to mass cheating in Destiny 2, last year Bungie began filing lawsuits against entities involved in the creation and distribution of cheating software. One of the lawsuits targeted Canadian company Elite Boss Tech, its alleged owner, and around 20 ‘John Doe’ defendants. The complaint alleged that all were involved in the cheat tool business operated from Wallhax.com, SecureAC.io, SecureCheats.net, and CODHax.com, among others.

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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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If the Word “Emoji” is a Protectable Trademark, What Happens Next?–Emoji GmbH v. Schedule A Defendants

Technology & Marketing Law Blog

Emoji Co. GmbH has registered trademarks in the dictionary word “Emoji.” They mostly are a licensing organization, and their registrations are in a wide range of classes: “from articles of clothing and snacks to ‘orthopaedic foot cushions’ and ‘[p]atient safety restraints.'” (Raise your hand if you’ve ever seen Emojico-branded patient safety restraints).

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This Week in Washington IP: U.S. Cyberspace Strategy, Cryptocurrency Regulation, and Discussions with Former U.S. Trade Representatives

IP Watchdog

This week in Washington IP news, the United States Patent and Trademark Office (USPTO) is hosting events on blockchain and drafting provisional patent applications, while the Brookings Institution is hosting an event on the regulation of cryptocurrency markets. Also in the cyber world, three authors will make their case for a more holistic and aggressive U.S. approach to cyberspace strategy at The Heritage Foundation.

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5 Technologies on The Cusp of Breaking Out

IP.com

Technological progress has only accelerated and will continue to evolve to impact not only industries but ways of life. Some are highly disruptive and force abrupt change while others are. The post 5 Technologies on The Cusp of Breaking Out appeared first on IP.com - IP Innovation and Analytics.

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USPTO Patent Eligibility Policy Draws Praise And Reproach

IP Law 360

The U.S. Patent and Trademark Office has received sharply divided responses to its patent eligibility guidance, with patent owners saying the current policies provide helpful clarity and should remain, and tech groups and others saying they flout the law and must be revised.

Patent 98
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50 Cents, a Euphemistic Eggplant, and the Right of Publicity

JD Supra Law

Celebrities generally don’t like when companies use their images or names without permission. For example, Jennifer Love Hewitt didn’t love when a company used her image to promote a vitamin spray, and Michael Jordan seemed pretty upset when a grocery store used his name to promote a steak. Now, 50 Cent seems downright angry that his picture is allegedly being used by a plastic surgeon to promote “male sexual enhancement procedures.”.

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Kick Off Metaverse Sports Ventures With Risk Evaluations

IP Law 360

Companies are working on sports industry products for the metaverse that they hope will be lucrative thanks to legions of fans and an established presence in blockchain — but to seize these early opportunities, they should assess the risks and compliance procedures for broadcast rights, sponsorships, ticketing, gambling and more, say attorneys at ???????

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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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Fun(ny) Facts: Humor as a Research Communication Strategy

Velocity of Content

This article originally appeared on LSE Impact Blog , republished with permission. If you have read any research produced by universities, civil society organisations or think tanks, you will most likely have struggled to find any good jokes. However, throughout history, humour has played an important role in critiquing society and raising social issues to a popular audience.

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Screen Shot Suffices as Specimen of Use for Downloadable Software, Says TTAB

The TTABlog

In an unsurprising decision, the Board reversed a refusal to register the mark PERMWARE for "downloadable software for managing permeation laboratory master data," finding Applicant Mocon's screenshot to be an acceptable specimen of use. In re Mocon, Inc. , Serial No. 90673935 (October 13, 2022) [not precedential] (Opinion by Judge Jyll Taylor). (Click on picture for larger image) The Examining Attorney maintained that the screen shot was an improper specimen because it did not "mention what the

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The big break: How retailers can break habits to support diverse-owned businesses

McKinsey Operations

Our recent consumer survey found two important facts about American consumers. And retailers should take note.

Business 120
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Katcall Reminder

The IPKat

The deadline for submissions to the openings for GuestKats and InternKats positions (as announced here ) is approaching. Those interested must submit their complete applications no later than Friday, 21 October 2022 (midnight, GMT). Complete applications must contain CV details, interest in IPKat, and a 400-word writing sample (or a link to an existing piece in the case of a GuestKat application).

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Building resilient supply chains for the European energy transition

McKinsey Operations

To ensure a timely and orderly energy transition, companies and other stakeholders urgently need to strengthen each step of the already-stretched supply chains of key technologies.

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The Law Bytes Podcast, Episode 142: CCLA’s Brenda McPhail on the Privacy and Surveillance Risks in Bill C-26

Michael Geist

Earlier this year, Public Safety Minister Marco Mendicino introduced Bill C-26 , new cyber-security legislation. The bill may address an issue that is widely regarded as essential, but once Canadian privacy and civil liberties had the opportunity to review the fine print in the bill, many came away concerned. Indeed, by September a coalition of groups and experts wrote to the Minister and party leaders , stating “Bill C-26 is deeply problematic and needs fixing”, warning that it risks underminin

Privacy 86
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Will a labor crunch derail plans to upgrade US infrastructure?

McKinsey Operations

There’s a historic and widening labor shortfall in the US construction sector. Yet it extends far beyond jobsites and varies by location, demanding tailored solutions.

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PRE-PACK: AN EMERGING PANACEA FOR CIRP?

IP and Legal Filings

INTRODUCTION. Insolvency and Bankruptcy Code 2016 , was promulgated to fight snowballing cases of bad loans and corporate insolvency. The aim of the act was to establish a consolidated framework for insolvency resolution of corporate entities. The code provides for Corporate Insolvency and Resolution Process under chapter 2 through which insolvency resolution of corporate entities take place.

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Patent Eligibility: Distinguishing Collecting Information from Using Information

Patently-O

by Dennis Crouch. I’m always excited to read a decision that splits hairs–finding some claims in a patent valid and others invalid. My hope is that the explanation will really get to the crux of the issues and help me to better understand how the law works. I’m often disappointed, but the Federal Circuit’s newest decision in Weisner v.

Patent 72
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USPTO Looks To Overhaul Patent Practitioner Requirements

IP Law 360

The U.S. Patent and Trademark Office said Monday that it's considering expanding admission criteria for those looking to practice in patent cases before the office, seeking public input on modifications like a separate bar for design patent practitioners.

Patent 75
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Legal Ethics for In-House Attorneys Handling Copyright, Trademark & Advertising Matters

Trademark and Copyright Law Blog

Ethical duties are paramount in any legal practice. Matters relating to copyright, trademark and advertising law give rise to some special ethical considerations. Even unintentional missteps can be detrimental to the attorney, and their client. In this 60-minute webinar, designed for in-house counsel, we discussed how to identify and address ethical issues to guard against potentially irreversible consequences.

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FTC Pay-To-Block Challenge May Foretell Antitrust Crackdown

IP Law 360

The recent Federal Trade Commission lawsuit accusing pesticide manufacturers Syngenta and Corteva of paying distributors to block competitors arises from a broader political context that has set the stage for the agency's reinvigorated approach to certain distribution arrangements, such as loyalty programs, exclusivity arrangements and tying, say attorneys at Freshfields.

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“Wavy Baby” Case Tests Definition of an Expressive Work

JD Supra Law

Is the Wavy Baby a sneaker or a comment on “sneaker culture”? A commercial product or a collectible artwork? This is the most recent variation on a question that has had growing urgency in trademark law over the past decade: What is an expressive work?

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Albright Asked To Keep Patent Suit Amid Discovery Fight

IP Law 360

Lawyers for a patent company with a handful of Panasonic patents asked U.S. District Judge Alan Albright of the Western District of Texas on Monday to pause his decision to let Amazon.com Inc. escape to the jurisdiction of a federal court in Washington state in order to rule on allegations Amazon "refused to provide" the names of more corporate witnesses.

Patent 75
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Andy Warhol And Prince Go To Washington: Supreme Court Hears Argument On Fair Use

JD Supra Law

Prince—who many will remember fondly as The Artist Formerly Known As Prince—is no stranger to intellectual property issues. And the Supreme Court heard argument earlier this week on a major copyright question that posthumously embroils Prince (or at least his photograph) in an important intellectual property dispute involving the scope of copyright protection: Andy Warhol Foundation for the Visual Arts, Inc. v.

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Deleted Deference: Revised Opinion Cancels Deference to Examiner

Patently-O

Nature Simulation Systems Inc. v. Autodesk, Inc. ( Fed. Cir. 2022 ). In its January 2022 decision , the Federal Circuit sided with the patentee in this indefiniteness decision. Nature Simulation Sys. Inc. v. Autodesk, Inc., 23 F.4th 1334 (Fed. Cir. 2022). Judge Newman wrote the majority opinion and gave deference to the USPTO examiner. During prosecution, the examiner had suggested a particular amendment that ended up being a bit confusing.

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EPO's "10-Day Rule" to Be Eliminated

JD Supra Law

A number of European firms, including J A Kemp, reported on Friday that the Administrative Council of the European Patent Organisation had passed a change to the rules of the EPC relating to the date on which a document is deemed to be delivered. The change will eliminate the 10-day rule, which has been in place since the 1970's.

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Adding Another College Photograph Case to the Collage

BYU Copyright Blog

On October 13, 2022 photographer Eric Bowers ("Bowers") filed a lawsuit against Johnson County Community College (the "College") claiming that the College used his photograph of the "One Light" building in Kansas City (the "Work") without permission. In the Complaint, Bowers argues that the Defendants “took Plaintiff’s copyrighted Work without a proper license in order to nationally advertise, market, and promote its business activities across the Kansas City, Missouri area.

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Protecting Online Data and IP – New Copyright Law Provides Clarity for UAE Businesses

JD Supra Law

The UAE enacted a new Federal Law No. 38 of 2021 concerning copyright and neighboring rights (New Law) that replaced the old Federal Law No. 7 of 2002 (Old Law) and came into force in January 2022. The New Law provides a clearer framework in an increasing digital environment for businesses.

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New Recipe for Research: Add Humor

Velocity of Content

According to the Congressional Research Service , global research and development expenditures were $2.4 trillion US in 2020. Since 2000, total global R&D expenditures have more than tripled. R&D plays a central role in promoting economic growth and job creation, as well as advancing knowledge in such critical areas as energy, agriculture, public health, and environmental protection.

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Key Considerations For Seeking Relief From Double Taxation

IP Law 360

Caroline Setliffe and E. Miller Williams at Eversheds Sutherland lay out the Organization for International Cooperation and Development’s mutual agreement procedure for settling double-taxation disputes, and discuss six factors U.S. taxpayers doing business in multiple countries should consider when determining the most advantageous form of relief.

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Protecting Your Business’s Confidential Information

JD Supra Law

A few weeks ago, an Ohio federal jury found that Goodyear Tire stole a European inventor’s ideas related to tires that can self-inflate, and awarded the inventor $61.2 million in punitive damages and $2.8 million compensatory damages for Goodyear’s theft of the inventor’s trade secrets.

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Justices Seek SG's Views On Another Patent Eligibility Case

IP Law 360

For the second time this month, the U.S. Supreme Court on Monday asked the U.S. Solicitor General to weigh in on a patent eligibility dispute, this time in a case where luggage lock patents were invalidated for claiming only abstract ideas.

Patent 52
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Important Changes to European Patent Practice

JD Supra Law

After 45 years, the European Patent Office is replacing the existing regional patent system that has local enforcement with a new Unitary Patent (UP) system that has enforcement throughout Europe by a Unified Patent Court (UPC).

Patent 52
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IP infringement in Metaverse

IIPRD

Introduction. The word Meta means beyond or after in Greek and Verse means universe. The metaverse has also come forward as 3.0 of the internet. This concept might sound new, but it is not, it was coined in a science fiction novel called “Snow Crash” by Neal Stephenson about 30 years ago. [Image source:Gettyimage]. Many big companies are getting ready to enter the world of Metaverse, for example, Nike for the purpose of selling virtual footwear and apparel in the virtual world of metaverse filed

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