Wed.Jan 11, 2023

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Why Can’t Canada Produce Top Quality Localized TV Drama like the Aussies Do?

Hugh Stephens Blog

Canada’s Online Streaming Act, (Bill C-11) the draft legislation that will bring online streaming content under the purview of the Broadcasting Act, will continue its slow progress through Parliament in 2023. Review in the Senate last year led to a number of amendments, one of which dealt with the definition of Canadian content (Cancon). That … Continue reading "Why Can’t Canada Produce Top Quality Localized TV Drama like the Aussies Do?

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3 Count: Reggaetón Wars

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Steely & Clevie Productions Take Reggaetón’s Biggest Hitmakers To Court For Copyright Infringement. First off today, Michael Nattoo at DanceHallMag reports that Steely & Clevie Productions has expanded its lawsuit against Luis Fonsi to include dozens of performers in the Reggaetón genre.

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Protecting Semiconductor Chip Design under the Semiconductor Chip Protection Act of 1984 (SCPA) – Part II (Infringement and Defense)

Intellectual Property Law Blog

Mask Work Infringement. In analogizing semiconductor chips to traditional areas of copyright law, the legislative history notes that, just as a plagiarist who copies only one chapter of a book may be held liable for infringement, a person may be liable for copying a part of a mask work if it is a qualitatively important portion that results in substantial similarity.

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Will AI change trademarks?

Erik K Pelton

Artificial Intelligence (AI) and ChatGPT has been the new a lot lately. How might it impact the world of trademarks and trademark attorneys? Listen for Erik’s comments. The post Will AI change trademarks? appeared first on Erik M Pelton & Associates, PLLC. Artificial Intelligence (AI) and ChatGPT has been the new a lot lately. How might it impact the world of trademarks and trademark attorneys?

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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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Protecting Semiconductor Chip Design under the Semiconductor Chip Protection Act of 1984 (SCPA) – Part I (Registration and Inspection)

Intellectual Property Law Blog

Understanding Mask Work. Mask work is a type of intellectual property protection designed to protect layout designs (topographies) of integrated circuits. It is authorized by the federal Semiconductor Chip Protection Act of 1984 (SCPA). The SCPA legally protects layouts of integrated circuits upon registration, making them illegal to copy without permission.

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Sony Patents Anti-Piracy Blacklist for Smart TVs and Media Players

TorrentFreak

Over the past several decades, Sony has established itself as a leading player in the technology, music, film, and gaming industries. The Japanese company hasn’t shied away from taking on the competition, but one adversary has proven particularly difficult to overcome; piracy. Sony recognized this threat early on. At the Americas Conference on Information Systems in 2000, Sony Pictures Entertainment’s U.S. senior vice president Steve Heckler declared an all-out attack on piracy.

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More Trending

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Artificial intelligence in strategy

McKinsey Operations

AI tools can help executives avoid biases in decisions, pull insights out of oceans of data, and make strategic choices more quickly. And that’s just the beginning.

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Protecting Semiconductor Chip Design under the Semiconductor Chip Protection Act of 1984 (SCPA) – Part II (Infringement and Defense)

Intellectual Property Law Blog

Mask Work Infringement In analogizing semiconductor chips to traditional areas of copyright law, the legislative history notes that, just as a plagiarist who copies only one chapter of a book may be held liable for infringement, a person may be liable for copying a part of a mask work if it is a qualitatively important portion that results in substantial similarity.

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Indian government denies access to Covid 19 vaccine collaboration agreements

SpicyIP

The Indian government has refused to disclose its collaboration agreements and investments made in developing and procuring India’s Covid 19 vaccine – Covaxin, the Indian mRNA and intranasal vaccine candidates. Despite widespread public interest in these arrangements, the government has consistently rejected Right to Information (RTI) applications requesting this information.

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IBM Cites Deliberate Strategy Shift as it Drops to Second Place in IFI Claims Patent Grant List for First Time in 29 Years

IP Watchdog

This week, patent data analytics firm IFI CLAIMS published its annual report of the top 50 U.S. patent recipients and the global 250 largest patent portfolios for 2022. The list provides a comprehensive snapshot of the patent landscape with insights into growing trends in the industry. One of the most eye-catching details is Samsung taking the first spot for U.S. patent grants in 2022, ending IBM’s 29-year reign at the top.

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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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Pre-Release Book Scam: Former Simon & Schuster Employee Pleads Guilty

TorrentFreak

As an employee of Simon & Schuster, London-based Filippo Bernardini would’ve been expected to act in the interests of the publishing sector. According to a federal indictment unsealed early 2022, that was certainly not the case. Between August 2016 and July 2021, Bernardini used his insider knowledge as a rights coordinator to execute an audacious plan that would see him obtain more than a thousand pre-release manuscripts of novels and other unreleased books.

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Lessons to be Learned in Fashion and Apparel from 2022

JD Supra Law

Name, Image, and Likeness Deals Are on the Rise - Name, Image, and Likeness (“NIL”) agreements, which allow an individuals’ name, image, and likeness to be used to market and sell branded apparel, footwear, and other consumer goods are on the rise. On July 1, 2021, in response to the famous NCAA v. Alston case (where the United States Supreme Court ruled that the NCAA could not limit education-related payments to student-athletes), the NCAA changed its long-standing rule that forbids college.

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'Bad Spaniels' Slobbers On Jack Daniel's Mark, Justices Told

IP Law 360

A poop-themed dog toy parodying a Jack Daniel's bottle is stinking up the brand's reputation and isn't protected by the First Amendment, Jack Daniel's told the U.S. Supreme Court on Wednesday, saying "poop humor has its time and place" but it doesn't want its Tennessee whiskey associated with dog waste.

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Protecting Antibody Innovations: Searching for Equivalents under The Doctrine of Equivalents —A Discussion of Teva v. Eli Lilly and beyond

JD Supra Law

United States courts have recently tightened the written description requirements for antibody claims. The scope of issued claims is now often limited to antibodies with specific sequences of the CDR and the heavy chain and light chain variable domains. Patentees are concerned that competitors can easily design around patent claims by making minimum changes to the specifically claimed structural elements.

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What Consequences for High School Freshmen’s Racist Online Petition?–Plaintiff A v. Park Hill School District

Technology & Marketing Law Blog

Yet another case involving high school students being disciplined for doing stupid things online. Ugh. This case involves high school freshmen at a Missouri public school. In September 2021, while riding on a school bus to a football game, Plaintiff A created a Change.org petition entitled “Start slavery again” targeting a peer, TRL. Plaintiff A added a photo of TRL to the petition plus other racist remarks.

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IP Rights in Virtual Fashion: Lessons Learned in 2022 and Unanswered Questions

JD Supra Law

There was a lot of talk and much hype about the “metaverse” in 2022. While some were skeptical and stayed on the sidelines to watch, many companies began offering virtual counterparts to their real-world products for use by avatars in the metaverse, including virtual clothing and accessories. For example, Tommy Hilfiger live-streamed a virtual fashion show on Roblox as part of the New York Fashion Week, and Decentraland hosted a Metaverse Fashion Week.

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COVID-19 learning delay and recovery: Where do US states stand?

McKinsey Operations

While two decades of math and reading progress have been erased, US states can play an important role in helping students to catch up.

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The Digital Age of Journalism: My Placement at “The Globe and Mail”

IPilogue

Ivana Peloza is a 3L JD Candidate at Osgoode Hall Law School. This article was written as a requirement for Prof. Pina D’Agostino’s IP Intensive Program. The Globe and Mail is Canada’s foremost news media company, a nationally-distributed newspaper with one of the largest circulations in Canada. The newspaper’s print and digital formats reach over 6 million readers every week, with Report on Business magazine reaching over 2.5 million readers every issue in print and digital.

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Metals and mining: Unleashing the power of technology in commodities trading

McKinsey Operations

As commodities markets evolve, embracing digital can help metals and mining traders enhance competitiveness by streamlining operations and finding new sources of value—but they need to move fast.

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Hong Kong Copyright (Amendment) Ordinance – updating the copyright regime

JD Supra Law

Hong Kong Copyright (Amendment) Ordinance was gazetted on 16 December 2022 and introduces important updates to the copyright regime in Hong Kong. The long-awaited update to the Hong Kong copyright regime has crystallised in the form of the Copyright (Amendment) Ordinance ("Amendment Ordinance") after two unsuccessful attempts to introduce the legislation in 2011 and 2014.

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Global Economics Intelligence executive summary, December 2022

McKinsey Operations

GDP forecasts improve; central banks sustain inflation battle amid cost-of-living crisis; China further eases pandemic restrictions, noting risks.

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individual communications to retailer & regulator weren't advertising or promotion

43(B)log

AHBP LLC v. Lynd Co., 2023 WL 139714, No. SA-22-CV-00096-XR (W.D. Tex. Jan. 9, 2023) Along with updating its previous decision (I didn’t see anything that affected the Lanham Act analysis of the key issue of whether a retailer can sue a supplier for false advertising), the court addressed a motion to dismiss by defendant ViaClean. In summer 2020, AHBP began negotiating with the Lynd defendants for the exclusive license to market and sell a surface disinfectant/cleaner known as “Bioprotect 500” m

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‘Stay grounded, stay humble’: Sanofi CEO Paul Hudson

McKinsey Operations

In the wake of the COVID-19 pandemic, one of the first non-French leaders of the pharmaceutical company Sanofi explains cultural transformations, the growth of AI in decision making, and how he stays humble.

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Perrigo Co. v. AbbVie Inc. - Third Circuit Holds Mutual Release Bars Generic Drug Company's Antitrust Claim

JD Supra Law

On 21 July 2022, the Third Circuit in Perrigo Co. v. AbbVie Inc. affirmed the district court’s judgment that the mutual release in the settlement agreement between the parties from an earlier patent infringement and Hatch-Waxman Act litigation barred plaintiffs’ subsequent antirust claim.

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Art as Therapy: 5 Types of Art Therapy to Try

Art Law Journal

Add a dose of creativity to your self-care routine by giving these art therapy practices a go.

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FTC Proposes to Ban Non-Competes

JD Supra Law

The FTC claims its latest effort to promote competition will increase the wages of America’s workers by “nearly $300 billion per year,” but what will this effort do to employers and the sellers of businesses?

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Filing trademarks in China: key steps for foreign applicants

IAM Magazine

Both the national and international registration routes have benefits and pitfalls for foreign entities seeking to register their trademarks in China. It is crucial to develop a thorough checklist in order to make an informed decision.

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Patent venue changes look set to accelerate in 2023

JD Supra Law

Since 2020, the two most popular venues for patent litigation in the United States have been the Western District of Texas (averaging roughly 900 cases per year from 2020-2022) and the District of Delaware (averaging roughly 760 cases per year over that same time period). Recent changes in both districts, however, have led to noticeable declines in filings.

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Protecting Semiconductor Chip Design under the Semiconductor Chip Protection Act of 1984 (SCPA) – Part II (Infringement and Defense)

LexBlog IP

Mask Work Infringement. In analogizing semiconductor chips to traditional areas of copyright law, the legislative history notes that, just as a plagiarist who copies only one chapter of a book may be held liable for infringement, a person may be liable for copying a part of a mask work if it is a qualitatively important portion that results in substantial similarity.

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Top Twelve Trademark Transfer Tips (For Portfolio Intake, That Is)

JD Supra Law

Congratulations! Your company just acquired a batch of trademarks from a third party. There are a lot of minutiae to manage, so how do you decide what to do first? Here are some suggestions for actions you may want to prioritize.

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Avast ye social networker file-sharers!

Likelihood of Confusion

The Sweden Pirate Bay trial is long over, and the verdict is due in a couple of weeks verdict is long in — if that “really matters.” But even if you. The post Avast ye social networker file-sharers! appeared first on LIKELIHOOD OF CONFUSION™.

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The Federal Circuit Wants Litigants to Assert Estoppel When Available 

JD Supra Law

Last month, the Federal Circuit’s holding in Google LLC v. Hammond Dev. Int’l, Inc. illustrated the importance of raising a collateral estoppel argument when the opportunity arises. In Google LLC v. Hammond Dev. Int’l, Inc., the Court decided the patentability of claims directed to subject matter that was previously held unpatentable following an IPR of a different patent.

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The Supreme Court Again Declines to Address the Written Description Standard

LexBlog IP

Without any comments, the Supreme Court has denied Juno Therapeutics’ Petition for Rehearing , which requested that the Court hold the case in abeyance pending the resolution of Amgen Inc. v. Sanofi, Aventisub LLC. Juno filed its petition after the Federal Circuit held that Juno’s claims were invalid because the patent at issue “does not disclose representative species or common structural features to allow a person of ordinary skill in the art to distinguish between scFvs that

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Patent Case Summaries - January 2023 #1

JD Supra Law

A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board.

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The Long Lost PTAB Markman Plan

LexBlog IP

Would a “Mini-Markman” Have Helped Patent Owners? A long time ago, in a galaxy, far, far away… the Patent Trial & Appeal Board (PTAB) considered implementing a Markman style claim construction procedure it labeled a “Mini-Markman.” The idea, along with others was the result of a 2015-16 listening tour conducted by the agency under former USPTO Director Michelle Lee.

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