Sat.Aug 14, 2021

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Department of Commerce issues report finding that “USPTO’s trademark registration process was not effective in preventing fraudulent or inaccurate registrations”

Erik K Pelton

A new report from the Department of Commerce, the agency of which the USPTO is a part, was released last week following its ” audit of the United States Patent and trademark Office’s (USPTO’s) efforts to improve the accuracy of the trademark register” that began in April of 2020. See all the details here: [link]. The report issued on August 11, 2021 (OIG-21-033-A) is entitled USPTO Should Improve Controls over Examination of Trademark Filings to Enhance the Integrity of t

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Internet Archive Wants Publishers’ Sales Data to Show Digital Library Doesn’t Hurt Sales

TorrentFreak

In March 2020, with the world gripped by the coronavirus pandemic, the Internet Archive (IA) offered a new service to help displaced learners. The National Emergency Library (NEL) was built on IA’s existing Open Library and initially granted access to more than a million scanned books so that people could educate themselves while in quarantine.

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Parliamentary Committee Report Outlines Policy Changes to Improve Indian IP Regime

IP Watchdog

Despite India’s progress in many areas, from science to literature to technology, protection for intellectual property rights (IPR) is a topic that has come under scrutiny. The IP laws in India have remained vastly unchanged and unreviewed over the past few decades. Recently, however, the Parliamentary Standing Committee on Commerce (PSCC) decided to review IPRs in India.

Reporting 130
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NHK-Fintiv at the Supreme Court

Patently-O

I recently wrote about Apple’s pending petition to the Supreme Court on the NHK-Fintiv Rule. Now Mylan Labs has followed up with an additional petition focusing on the same issues: Does the no-appeal provision of 35 U.S.C. § 314(d) “categorically preclude appeal of all decisions not to institute inter partes review?” Is the NHK-Fintiv Rule substantively and procedurally unlawful?

Patent 89
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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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Not You, ARPU: Another Way to Value Streams on Spotify

The Trichordist

[This post first appeared on MusicTechPolicy.] By Chris Castle I recently co-wrote with the noted international economist Professor Claudio Feijoo a paper for the World Intellectual Property Association on a new “streaming remuneration” royalty to be paid to all musicians and vocalists by streaming services.

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Never Too Late: if you missed the IPKat last week

The IPKat

This Kat isn't quite sure how she got here Cometh the hour, cometh the roundup of last week on the IPKat. Trade marks GuestKat Nedim Malovic considered the meaning of bad faith pursuant to Article 59(1)(b) of the EU Trade Mark Regulation, following the EU General Court's decision in Riviera-Airport v EUIPO. Also in the EU vein, InternKat Anastasiia Kyrylenko reported on the Opinion issued by Advocate General Saugmandsgaard Øe in Case C-123/20, which relates to the protectability of ‘partial desi

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Home cookin’ a la mode, with a most undeserving dessert

Likelihood of Confusion

From the WSJ Law Blog: A French court today cracked down on counterfeits — and an outlet that sells them — ordering eBay to pay Louis Vuitton and other luxury. The post Home cookin’ a la mode, with a most undeserving dessert appeared first on LIKELIHOOD OF CONFUSION™.

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A $300 million damages award against Apple shows why equating all NPEs with patent trolls is so wrong

IAM Magazine

Yesterday’s decision in favour of PanOptis by an Eastern District of Texas jury was the consequence of significant investments made by the firm over many years.