Tue.Jun 29, 2021

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Texas Supreme Court Ruling is Further Proof that Congress Must Abrogate Sovereign Immunity

Copyright Alliance

On June 18, the Texas Supreme Court held that a violation of copyright is not an unconstitutional taking of property. The decision stems from a years-long battle by Jim Olive […]. The post Texas Supreme Court Ruling is Further Proof that Congress Must Abrogate Sovereign Immunity appeared first on Copyright Alliance.

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The CRTC “Will Be Picking Winners and Losers”: A Report on Day Two of the Senate Bill C-10 Debate

Michael Geist

In a day that started with Canadian Heritage Minister Steven Guilbeault urging the Senate to focus on passing Bill C-10, Senators from across the political spectrum again signalled that they believe that Guilbeault’s bill requires extensive hearings given the flawed legislative approach in the House of Commons and a resulting bill that raises a wide range of policy concerns.

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Podcast: Photography, Art & Copyright with Eric O’Connell

The Illusion of More

In this episode, I talk to art and commercial photographer Eric O’Connell, who is also an associate professor of practice at Northern Arizona University. We talk about his work, about photography in general, his students, and of course copyright. O’Connell’s photo recently won Off the Clock 2021 Best in Show from American Photographic Artists (APA). […].

Art 97
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Here’s How All Kinds of Innovators are Using Raspberry Pi Right Now

IP.com

Raspberry Pi is a low-cost computing solution originally developed to get kids excited about programming and digital making. Since the itty-bitty computer launched in 2012, its popularity has expanded well. The post Here’s How All Kinds of Innovators are Using Raspberry Pi Right Now appeared first on IP.com - IP Innovation and Analytics.

IP 86
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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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Getting your Trademark in Japan

IP and Legal Filings

With the highly developed economy in the world, Japan sets itself apart as the global center of a technologically advanced country. As per the data released by IMF and World Bank, Japan is the third-largest economy in the world by nominal GDP and fourth-largest in terms of purchasing power parity. It’s the world’s second-largest developed economy. With such huge economic power, Japan also plays a leading role in the organization such as G7 and G20.

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Assignor Estoppel Persists — But Only for Claims Specifically Assigned

Patently-O

by Dennis Crouch. Minerva Surgical Inc. v. Hologic Inc. ( Supreme Court 2021 ). In my property law course, I spend a good bit of time walking through post-conveyance rights and obligations. What warranties are are promised to the buyer? Do these need to be express or may they be implied? Can you disclaim the warranties by selling via quitclaim deed or “as is”?

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[Sponsored] SWAYAM (Free) Online Course on Intellectual Property by NLU Delhi (July 1 – October 31) [Register by August 31]

SpicyIP

We’re pleased to inform you that a free online course on intellectual property starting on 1 st July 2021 is being offered for students on the e-learning platform SWAYAM by Dr. Yogesh Pai, Assistant Professor of Law, in-charge of the IPR Chair at National Law University, Delhi. For further details, please see the announcement below: Join the Online Course on Intellectual Property.

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73% of Trade Secret Suits Now Contain Federal Claims; 74% of Merit Judgements Result in Injunctions

IP Close Up

Despite the increasing value of intellectual property in general, and trade secrets in particular, suits filed have remained remarkably steady over the past several years. Continue reading.

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British IP Day: spotlight on innovation and IP

Intellectual Property Office Blog

The Alliance for Intellectual Property (AIP) is a coalition of organisations representing creators and intellectual property (IP) rich businesses. AIP organises an annual British IP Day. Dan Guthrie, Director General of the AIP, tells us more about how the organisation plans to mark its special day. Each year, we at the Alliance for IP, organise British IP Day.

IP 59
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A Brief Overview of the USPTO’s Interim Procedures Implementing Arthrex

IP Intelligence

On June 21, 2021, the Supreme Court issued its long-awaited decision in United States v. Arthrex , 19-1434, 19-1452, 19-1458. The issue in Arthrex was “whether the authority of Administrative Patent Judges (APJs) to issue decisions on behalf of the Executive Branch is consistent with the Appointments Clause of the Constitution.” The Supreme Court held that “the unreviewable authority wielded by APJs during inter partes review is incompatible with their appointment by the Secretary to an inferior

Copying 52
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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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Wants to Use Lyrics and Tweets in Musician Biography

Dear Rich IP Blog

We love musician biographies and memoirs. (One of our favorites is Playing the Bass With Three Left Hands by Will Carruthers.) Dear Rich: My non-fiction historical biography of a musician examines each album, song, and concert, in a review/analysis format. What are the fair use guidelines for lyrics? Can I use two lines? What if I need to use three lines?

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The Supreme Court Upholds the Doctrine of Assignor Estoppel While Clarifying Its Scope

Bio Law Blog

On June 29, 2021, the Supreme Court, in Minerva Surgical, Inc. v. Hologic Inc., et al. , upheld the doctrine of assignor estoppel, vacated the judgment of the Federal Circuit and remanded for further proceedings consistent with its opinion. The Court’s majority opinion, authored by Justice Kagan, issued from Minerva’s appeal of the Federal Circuit’s application of assignor estoppel.

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Understanding Pakistan's date of use trademark law

IP Blog

Foreign individuals or organizations filing for trademark registration in Pakistan may find themselves curious when faced with the obligation to indicate the mark's "date of first use" in their application. Here, we will unpack its legal requirements and implications and help you prepare to bring your brand into this burgeoning market.

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The Briefing – Andy Warhol’s Prince Prints: Not Fair Use!? (Part One)

The IP Law Blog

In this week’s episode, Josh Escovedo and Scott Hervey discuss the litigation over Andy Warhol’s series of portraits of the artist Prince ( Andy Warhol Foundation v Goldsmith ). Their discussion covers the Second Circuit decision in favor of Goldsmith, the photographer whose image Warhol used to create the Prince Portraits, and the holding that Warhol’s renditions were not transformative enough to be fair use.

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University and Big Pharma JV’s $145 million take-off is a big boost for tech transfer dealmaking

IAM Magazine

Apollo Therapeutics is an innovative biotech formed by three UK universities and three major companies, with a promising model for creating and monetising life sciences IP.

IP 52
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ID checks and Ts and Cs: in-house reveal social media wish list

Managing IP

Counsel in the fashion, home appliances and pharmaceutical industries call for contractual obligations on social media sites, where counterfeiting is on the rise

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Hold, sell, spin – LG Electronics’ powerful patents give it plenty of options

IAM Magazine

The South Korean company is leaving the handsets business and has some big calls to make about the portfolio it has in the space.

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IP STARS 2021: firm rankings for patent work published

Managing IP

Find out which firms were ranked for patent protection and litigation work in the 2021 edition of IP STARS

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Sisvel, Xiaomi reach settlement over cellular patents

IAM Magazine

Deal ends litigation in China and Europe, with Xiaomi gaining rights to mobile patents owned by Sisvel and Mitsubishi Electric.

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TTABlog Test: Is QUARRY VINEYARD Confusable with PEDRERA for Wine?

The TTABlog

The USPTO refused to register the proposed mark QUARRY VINEYARD for "wine" [VINEYARD disclaimed], finding confusion likely with the registered mark PEDRERA , also for wine. The cited registration states that the English translation of the Spanish word "pedrera" is "quarry." Applicant FN Cellars argued that the wine industry often uses foreign words as marks for wine, and so an ordinary American consumers would not "stop and translate" the Spanish word.

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Patenting activity in India remains strong despite pandemic

IAM Magazine

Indian Patent Office also largely maintained its efficiency gains during 2020, after years of investment in examination capacity.

Patent 52