Wed.Mar 01, 2023

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Google’s Threat to Block Canadian News Search: Will Its Intimidation Tactics Work?

Hugh Stephens Blog

Google is at it again. It has confirmed it is temporarily blocking some Canadian users from accessing news content through its online search function. According to the company, this is part of “product testing” in response to the Canadian government’s move to enact legislation, known as the Online News Act (Bill C-18), that would require … Continue reading "Google’s Threat to Block Canadian News Search: Will Its Intimidation Tactics Work?

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How Amazon is Punishing Victims of Piracy

Plagiarism Today

Authors have been reporting that Amazon has been pulling their books because of pirated copies that allegedly breaking an exclusivity clause. The post How Amazon is Punishing Victims of Piracy appeared first on Plagiarism Today.

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Another Trademark Scam: Beware of Calls Claiming to Be From USPTO

Erik K Pelton

Recently a new scam targeting trademark filers features telephone calls purporting to be from USPTO examiners. This is yet another reason to work with an experienced attorney – the USPTO will never contact an applicant directly when they have counsel of record. For more about avoiding and dealing with trademark scams, see Is This A Trademark Scam® at www.isthisatrademarkscam.com.

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3 Count: Siemens Lawsuits

Plagiarism Today

Omi in a Hellcat faces over 15 years in prison, Siemens wins a piracy case in Singapore as it files 268 more in the United States. The post 3 Count: Siemens Lawsuits appeared first on Plagiarism Today.

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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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Will the Supreme Court Save Biopharma from CAFC Enablement Insanity?

IP Watchdog

The United States Supreme Court is soon poised to decide the fate of the enablement requirement, and the patent community is collectively holding its breath, wondering if the Court will strike a deathblow to the biopharmaceutical industry—simultaneously making all patents harder to get and even easier to challenge than they already are. The Supreme Court does not have a strong track record of objectively getting patent issues correct, at least not from a pro-innovation standpoint, although the J

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BitTorrent Seedbox Provider Handed Criminal Conviction Over Users’ Piracy

TorrentFreak

In common with most broadly comparable countries, internet users in Denmark enjoy movies and TV shows, music, videogames, and ebooks. The problem for rightsholders is that a subset of the population prefers not to pay for the privilege. Local anti-piracy group Rights Alliance (Rettigheds Alliancen) mitigates all types of piracy but for the past few years, has maintained a keen focus on torrent sites.

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Pirate IPTV: Police & Sky Nationwide Crackdown, Four Arrested

TorrentFreak

In an effort to make ends meet, many people in the UK are cutting back on luxuries. Fewer nights out or perhaps none at all. Downgrading Netflix or even dumping it altogether. Subscription television is even more expensive and often demands longer-term commitments people simply can’t afford. To some, cheap but illegal streaming services might prove tempting but it appears that Sky TV and police in the UK are working hard to limit supply.

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The EU digital strategy: The impact of data privacy on global business

McKinsey Operations

New data regulations from the European Union require organizational attention, and three key steps can help navigate the data privacy landscape.

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Osgoode mooters recognized for their oral and written advocacy at the Harold G. Fox Intellectual Property Moot

IPilogue

Madeleine Worndl, Lilian Esene, Jennifer Manley, Ibrahim Arif & Natalie Bravo are competitors on Osgoode’s 2023 Harold G. Fox Intellectual Property Moot Team and JD Candidates at Osgoode Hall Law School. This past weekend, students from Osgoode Hall Law School participated in the Harold G. Fox Intellectual Property Moot. The students had an amazing experience participating in the moot and brought home some incredible awards.

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What is central bank digital currency (CBDC)?

McKinsey Operations

CBDCs are digital currencies issued by central banks. Their value is linked to the issuing country’s official currency.

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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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Bill C-18, Google and Mandated Payments for Links: My Appearance on CBC’s Power and Politics

Michael Geist

As the Standing Committee on Canadian Heritage summoned Google to appear next week before committee (and implausibly provide all internal documentation related to Bill C-18 by tomorrow), media coverage of the bill and Google’s response has intensified. I was pleased to appear on CBC’s Power and Politics to discuss the the bill, Google’s response, and the implications of mandated payments for links that the government expects could fund 35% of news expenditures in all news outlets in Canada.

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U.S. Patents Will Soon Be Issued Electronically: What Does This Mean to You?

JD Supra Law

After centuries of issuing paper patents to inventors, the U.S. Patent and Trademark Office will soon transition to only electronic issuance, with patent holders able to receive a printed “ceremonial” copy to display proudly if they wish. This long-awaited transition, effective April 18, 2023, should reduce costs associated with handling, storage and shipping, and the pendency between issue fee payment and grant of the patent is expected to be substantially reduced.

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Artist Royalties: An exegesis of Resale rights in India

IIPRD

Introduction A fundamental postulate of Intellectual Property Rights is due recognition and benefits to creators, innovators, and artists over tangible creations of their original ideas. The rationale behind the same is to compensate/reward people for their original contributions to the world. Since an artist is responsible for the very conception of his painting, drawing, sculpting or a literary work, he is entitled to monetary compensation upon the artwork’s sale.

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Amgen v. Sanofi: Supreme Court to Hear Patent Enablement Arguments on March 27

JD Supra Law

We previously reported on the ongoing dispute between Amgen and Sanofi regarding enablement of genus claims. But, the case is nearing a final decision. On January 31, the Supreme Court set arguments to address Question 2 presented by the petition for cert: Whether enablement is governed by the statutory requirement that the specification teach those skilled in the art to “make and use” the claimed invention, 35 U.S.C. § 112, or whether it must instead enable those skilled in the art “to reach.

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The Paradox of Executive Behaviors in Content Sharing and Copyright

Velocity of Content

From research to medical communications to legal to marketing, sharing content with colleagues across job roles and departments is critical. Employees in all job roles are sharing with more and more people. However, an intriguing insight from Outsell Inc.’s Information Seeking and Consumption Study, commissioned by CCC, is that executives share the most content and have the highest likelihood of copyright infringement.

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[Audio] University of Miami NIL Enforcement Action – Highway to NIL Podcast

JD Supra Law

The Highway to NIL Podcast analyzes the legal landscape concerning college athletics and the regulation of name, image, and likeness (NIL) rights of student athletes. It provides key insights into the current state of affairs, focusing on the NIL guidance and policies coming directly from the NCAA; the various passed and amended state NIL laws; and NIL enforcement, including how the NCAA, state attorneys general, and other regulators may investigate and punish schools for NIL violations.

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Advancing metals and mining in Southeast Asia with digital and analytics

McKinsey Operations

Southeast Asia is a top producer of base metals, including nickel and copper, but its downstream-processing industry is lagging behind. Investing in digital and analytics could enhance productivity.

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Can EU Operators of Online Marketplaces be Held Liable for Trademark Infringement?

JD Supra Law

In Short - The Situation: The Court of Justice of the European Union ("CJEU") recently ruled that operators of online marketplaces may be held directly liable for trademark infringement in a context where third-party sellers place infringing goods on their marketplace and the user of such a marketplace establishes a link between the services of the marketplace operator and the sign at issue.

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Canadian Copyright, Fair Dealing and Education, Part Six: A Fair Reading of Fair Dealing

Michael Geist

My Fair Dealing Week series of posts on Canadian copyright, fair dealing, and education concludes with a few thoughts on the role of fair dealing within Canadian universities and colleges. Copyright lobby groups have spent years perpetuating multiple myths, including the false notion that today’s fair dealing policies are largely a function of 2012 reforms (they actually stem chiefly from two decades of Supreme Court jurisprudence) and that fair dealing has resulted in universities refusing to l

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AI Under Attack Again for Copyright Infringement

JD Supra Law

On the heels of a class action lawsuit filed by visual artists against Stability AI and others, alleging copyright infringement by image-generating web sites, Getty Images (US) Inc. has filed its own lawsuit against Stability AI. Getty filed its lawsuit in the U.S. District Court for the District of Delaware.

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Forward Thinking on working at the interface of the environment and business with Justin Adams

McKinsey Operations

“I’m increasingly talking about the need to build a planetary restoration industry,” says a prominent investor in sustainability. “This, to me, is one of the great industries that we need to be building together over the next decades, and indeed beyond—the next centuries.

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Licensing and AI: Understanding the Challenges of Licensing AI Models

JD Supra Law

Artificial intelligence (AI) models are transforming industries and the workplace. While few companies will create AI models from scratch, most will find themselves licensing AI models from others. Negotiating those licenses requires a keen understanding of the risks and rewards of AI licensing.

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Avery Dennison Asks SCOTUS to Step in on Flip Side of Eligibility Debacle

IP Watchdog

A manufacturer of Radio Frequency Identification Device transponders (RFIDs), Avery Dennison Corporation, yesterday petitioned the U.S. Supreme Court to grant certiorari in its appeal of a decision upholding ADASA, Inc.’s patent for RFID technology as patent eligible. Avery Dennison is urging the Court to take up the case, which it says “illustrates the depths of the Federal Circuit’s division” and represents “the other side of the coin” in the eligibility debate, in order to balance competing p

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2022 Design Patents Year in Review: Analysis and Trends: International Design Law: Global Law and Policy

JD Supra Law

Design protection continues to be a priority for governments around the world. Global design protection is gradually becoming more modern and harmonized. Building on earlier developments, China made progress to implement examination of partial designs. Australia implemented a grace period for designs. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

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Calif. Co. Files Patent Suits Over Pot Extraction Technologies

IP Law 360

A California company has filed lawsuits in Washington federal court claiming two Puget Sound-area firms have infringed its technologies that extract oils and compounds from plants including cannabis.

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USPTO Extends Deadline for Comments on USPTO-FDA Collaboration Initiatives

JD Supra Law

On February 24, the USPTO extended the written comment period for Joint USPTO–FDA Collaboration Initiatives until March 10, 2023.

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MGA Says T.I.'s Atty Plays Race Card For 'Tactical Advantage'

IP Law 360

MGA Entertainment is continuing to encourage a California federal judge to sanction an attorney for hip-hop moguls T.I. and Tameka "Tiny" Harris, saying racism allegations made against MGA's attorney in their intellectual property battle is a bad faith effort to gain a "tactical advantage" in the retrial.

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@davidclowery: Written Testimony to Georgia Legislature Against StubHub’s Bill

The Trichordist

David Lowery comments to the Georgia Legislature on ticket scalpers, "futures" contracts on tickets, and the Georgia Scalper Resale Royalty.

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Jury Awards $2M To Blunteffects Co. In TM Row

IP Law 360

A six-year saga in Georgia federal court over products used to clean up the odor of smoking products has resulted in a nearly $2 million jury verdict against a wholesaler accused of selling knockoffs of a line of air fresheners, incense sticks and sprays that are sold in stores under the brand name Blunteffects.

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Two teaching events: teaching first-generation students and developing professionalism in students

43(B)log

Please circulate widely! Anyone with an interest in teaching is invited to this free Harvard Law School webinar in which expert teachers share their insights. Teaching First-Generation Students March 10, Noon EST -- register here. First-generation students face unique challenges. Anthony Abraham Jack’s The Privileged Poor recently highlighted many of the invisible-to-professors barriers such students, especially first-generation students of color, face in college.

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NC Dept. Broke Blackbeard Media Deal But Suit Sails On

IP Law 360

North Carolina's cultural preservation agency improperly posted online a marine research company's footage of Blackbeard's sunken shipwreck without credit, a state court judge ruled, paring down the long-running skirmish over media rights.

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Avoiding Pitfalls: IP “Dos and Don’ts” for High-Tech Start Ups

JD Supra Law

Starting a high-tech company is a difficult, exhausting, and thrilling endeavor – one in which founders will face seemingly endless challenges, deadlines, and make or break decisions. From a venture’s inception, founders face numerous decisions that if not thoughtfully considered can result in significant legal and financial risk.

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TikTok Owes Over $116M For Stealing 'Stitch' TM, Jury Told

IP Law 360

An attorney for video editing company Stitch Editing told a California federal jury during opening statements on Wednesday that TikTok caused $116 million in damages by stealing Stitch Editing's trademarked name with the app's "Stitch" editing feature while TikTok's attorney said it's protected by fair use

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Lessons from Lizzo’s Precedential Trademark Win

JD Supra Law

American musician and rapper Lizzo recently scored a victory in the Trademark Trial and Appeal Board (the “Board”), reversing the Trademark Office’s refusal to register the “100% THAT B H” mark for “clothing, namely, t-shirts” because of an alleged failure to function as a trademark.

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Collector Wants Out Of Pa. 'Blade Runner' Art Dispute

IP Law 360

A California man who allegedly sold the original art used for a classic "Blade Runner" movie poster to a Pennsylvania attorney wants out of a dispute between the attorney and the artist's estate over ownership of the piece, arguing a Pittsburgh federal court lacks jurisdiction.

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