Thu.Dec 09, 2021

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3 Count: Mythical Infringement

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Steam Removes Popular Chinese Strategy Game After Ark: Survival Evolved Studio Claims it Stole Their Source Code. First off today, Andy Chalk at PC Gamer reports that the popular Chinese-made strategy game Myth of Empires has been removed from Steam following a claim from Studio Wildcard, the team behind the game Ark: Survival Evolved.

Copyright 216
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Non-fungible tokens (NFTs) and copyright

WIPO Magazine

This year, NFTs (non-fungible token), the latest hype in the world of distributed ledgers and cryptocurrencies, have taken the art and tech worlds by storm. But what are the implications for copyright, if any?

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Trending Sources

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Toei YouTube Blitz Shows That ‘Law of Content ID’ Can Trample Fair Use

TorrentFreak

The 634K-subscriber YouTube channel ‘Totally Not Mark’ is in peril this morning after what can be described as a copyright takedown blitz by Japan-based animation company Toei. Famous for the Dragon Ball and One Piece series, among others, Toei Animation’s products are regularly reviewed in quite remarkable depth and detail by manga fanatic Mark Fitzpatrick, whose channel has in excess of 124 million views.

Fair Use 134
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Trademarks in outer space: supporting the off-world economy

WIPO Magazine

As private companies like Virgin Galactic, SpaceX and Blue Origin signal a shift from space exploration to commercialization, is the time ripe to re-visit trademarks and other intellectual property rights in space?

Trademark 141
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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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Screener of Japan’s Oscar Contender “Drive My Car” Leaks Online

TorrentFreak

At the end of the year, movie industry insiders traditionally receive their screener copies, which they use to vote on the Oscars and other awards. This used to be a massive logistics operation as tens of thousands of physical discs had to be sent through the mail. That is no longer the case. Physical Screener Ban. Last year, the Academy of Motion Picture Arts and Sciences announced this week that physical screeners will no longer be allowed in 2021.

Copying 122
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Unlocking IP-backed financing in Singapore*

WIPO Magazine

Andre Toh, the author of a new report, the first in a new WIPO series, discusses Singapore’s experience in developing a multifaceted ecosystem to help businesses maximize the potential of their IP assets.

IP 122

More Trending

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Digital influencers herald a new era of branding

WIPO Magazine

Digital influencers, or virtual humans, are the latest trend in social media marketing. Find out how the avant-garde Japanese start-up Aww Inc. is changing behaviors and powering tomorrow’s brands with its newly minted virtual humans.

Branding 105
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How to Write a Patent: 6 Tips from our Experts

IP.com

Writing patents is an art, and an evolving one at that; it takes years—even decades—to master. We recommend hiring a registered patent attorney or patent agent to draft your patents. The post How to Write a Patent: 6 Tips from our Experts appeared first on IP.com - IP Innovation and Analytics.

Patent 105
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Rwanda and Senegal will host Africa’s first COVID-19 vaccine plants: what’s known so far

WIPO Magazine

Africa’s shortage of vaccine manufacturing capability is the subject of much concern, that’s why the recent announcement by German biotech company BioNTech to build vaccine manufacturing facilities in Rwanda and Senegal is seen as a game changer.

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[Video] No Password Required: Cyber Threat Management Leader at Wells Fargo Who Has a Passion for Adventure

JD Supra Law

Debbie Janeczek is the Cyber Threat Management Leader and Technology Executive at Wells Fargo. At her core, Debbie is an outdoorswoman who is passionate about conquering the mountains of Colorado and beyond with her sidekick, her dog, Jack. In this episode, Debbie joins the No Password Required team to talk about her journey from becoming a Naval Intelligence officer where she hated all things cybersecurity to becoming a leader in the industry thanks to inspiration from the great leaders.

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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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Improving access to COVID-19 treatments: how IP makes it possible

WIPO Magazine

The announcement that The Medicines Patent Pool, Pfizer and Merck Sharpe Dohme (MSD) are joining ranks to license two new oral COVID-19 therapies to low- and middle-income countries is great news. How does IP help make such agreements possible?

IP 105
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For Junior Lawyers, Authenticity And A Solid Pitch Are Key

IP Law 360

With strong lateral partner hiring and other pandemic-era trends making it harder for newly minted attorneys to progress in their careers, junior lawyers should take steps to perfect their elevator pitch and remain true to who they are, as a big part of their success will depend on how well they sell themselves to clients and how genuine they appear, says Emily Weber at Foley & Lardner.

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Beewise: out-of-the-box thinking to save the world’s bees

WIPO Magazine

Saar Safra, CEO of Israeli start-up Beewise, is on a mission to save bees and at scale using artificial intelligence (AI), computer vision and robotics. Find out how his company’s high-tech solution is helping to save the world’s bees.

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9th Circ. Wary Of Class Cert. In Rock Star Copyright Fight

IP Law 360

Ninth Circuit judges had tough questions on Thursday for an attorney representing rock musicians about how the performers could prove they never consented to having their shows recorded, after a California federal judge certified their class action against a music memorabilia website that bought the allegedly unauthorized recordings from concert promoters.

Music 98
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Will the Supreme Court Unravel the Patent-Eligibility Tangle?

The IP Law Blog

Since the Alice v. CLS Bank and Mayo v. Prometheus decisions, district courts and the Court of Appeals for the Federal Circuit has struggled to determine and navigate the boundary between what is and what is not patent-eligible subject matter. The result has been a tangle of intertwined decisions that create an extremely wide and fuzzy boundary. Attorneys are often left to throw up their hands when asked whether a new invention is patentable or whether an existing patent will likely withstand a

Patent 98
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Appellate Practice Update – November 2021

JD Supra Law

Review of Selected Business Cases from Supreme Court’s 2020 Term The Supreme Court recently finished its October 2020 Term. We summarize below four cases of interest to the business community.

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The Canadian Government’s Groundhog Day Copyright Consultations: The Never-Ending Lobbying Battle for Website Blocking and Weakened User Rights Continues

Michael Geist

Copyright did not figure prominently in either the government’s election platform or the Speech from the Throne, but the two departments responsible for copyright policy – Innovation, Science and Industry led by Francois-Philippe Champagne and Canadian Heritage led by Pablo Rodriguez – have both been actively consulting on a myriad of issues this year.

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Federal Circuit Review - November 2021

JD Supra Law

Venue and Pleading Infringement in Hatch-Waxman Litigation Turn on Location and Identity of ANDA Filer - In Celgene Corp. v. Mylan Pharm. et al., Appeal No. 21-1154, the Federal Circuit held that in Hatch-Waxman litigation: (1) infringement occurs where the ANDA is submitted and not where the patentee receives notice of the ANDA submission; (2) the presence of an affiliated entity or employees in the district is insufficient to show a regular and established place of business; and (3) pleadings.

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[Guest post] Milan loses derby against Inter… in Court

The IPKat

Katfriend Federica Combariati (TM IP Counsel at Assa Abloy) discusses a recent decision relating to AC Milan’s attempt to extend its international trade mark registration for its club logo to the territory of the European Union. The General Court rejected an appeal brought by AC Milan (nicknamed also Rossoneri) and considered that the brand characterizing Rossoneri’s emblem could not be registered as an EU trade mark (EUTM) since it would give rise to a likelihood of confusion with the earlier G

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Five Things You Need to Know About UKRI’s New Open Access Policy

Velocity of Content

Editor’s Note: This original post is by Victoria Ficarra and Rob Johnson of Research Consulting for Scholarly Kitchen. It was written as a precursor to the CCC Town Hall program webinar “Understanding the new UKRI Open Access Policy’’ on UKRI’s Open Access (OA) policy, which took place on Wednesday 27 th October. An archived recording of the meeting is available online.

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TTABlog Test: Are Glass Ornaments Related to Dried Flower Arrangements Under Section 2(d)?

The TTABlog

The USPTO refused registration of the proposed mark EVERLASTING ROSE for "Ornaments of glass; Ornaments of glass, namely, glass roses," finding confusion likely with the identical mark registered for "Dried flower arrangements; Dried flowers; Flowers, dried, for decoration." Applicant submitted three third-party registrations for EVERLASTING-formative marks (for baskets for flower arrangements, live plants, and jewelry) in arguing that "EVERLASTING" is a weak formative, and it pointed to registr

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What Do You “Meme” That’s Copyrightable?

IPilogue

Shayna Jan is a 3L J.D. Candidate at Osgoode Hall Law School, enrolled in Professor David Vaver’s 2021-2022 Intellectual Property Law & Technology Intensive Program. As part of the course requirements, students were asked to write a blog on a topic of their choice. It’s no secret that memes have taken the internet by storm. Whether they’re coming from your dad, who finally posted a Bernie Sanders mitten meme to his Facebook feed, a year late, after pestering you for help (good luck, he now t

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COVID-19 Worker Income Protection Benefit extended into 2022

Nelligan Law

Reading Time: 2 minutes With increasing COVID-19 numbers, the Ford government has confirmed that Ontario’s program for paid sick days related to COVID-19, otherwise known as the COVID-19 Worker Income Protection Benefit, will be extended until July 31 st of 2022, as opposed to expiring at the end of this calendar year. The extension to this program was confirmed on Tuesday, December 7 th.

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What Evidence can the PTAB Use to Decide an IPR?

Patently-O

by Dennis Crouch. Inter partes review (IPR) is an incredibly powerful process for cancelling patent rights. We have a set of expert judges who are not afraid of digging into the details of a complex obviousness analysis. Still, IPR petitions are strictly limited to petitions based upon obviousness and anticipation theories and “only on the basis of prior art consisting of patents or printed publications.” 35 U.S.C. 311(b).

Art 78
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IP Forecast: Amazon To Fight Damages Theory In Patent Row

IP Law 360

A Texas federal judge next week will hear Amazon's objection to two patent companies' damages theory that the tech giant would have paid as much as $30 million to license their patents covering technology for accessing data on a computer network. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

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NLO is Seeking an Associate or Senior Associate

IP Watchdog

This is an opportunity for a skilled European Patent Attorney to join a well-respected IP firm. You will bring your expertise in pharmaceuticals and/or biologicals to contribute to the further growth and development of this successful firm. At NLO, you will be afforded the opportunity to develop regardless of your current standing. The supportive partners and overall team culture will afford you many opportunities to learn and grow – consulting experts or immersing yourself in a client’s busines

IP 69
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WDTX Judge Ships Patent Suit Against Roku To Calif.

IP Law 360

A Texas federal judge has decided to ship to California a suit accusing Roku Inc. of infringing a variety of patents meant to benefit content owners, saying the company's "general connection" to West Texas was not enough to warrant the case being there.

Patent 75
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Copyright in the Digital Single Market: a taster

WIPO Magazine

Eleonora Rosati, author of Copyright in the Digital Single Market, offers a taster of her article-by-article commentary of the the EU Digital Single Market Directive, which seeks to make EU copyright fit for the digital single market.

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Supreme Court Urged To Reverse Warhol Copyright Ruling

IP Law 360

A copyright battle over a decades-old series of Andy Warhol prints of music legend Prince has reached the steps of the U.S. Supreme Court, with Warhol's foundation arguing that the high court has "repeatedly made clear" that a work can be transformative when it conveys a different meaning from the preexisting work.

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Upcoming Webinar! Overview of Non-Compete Legislation and Enforcement Issues from 2021

Trading Secrets

Thursday, December 16, 2021. 1:00 p.m. to 2:00 p.m. Eastern. 12:00 p.m. to 1:00 p.m. Central. 11:00 a.m. to 12:00 p.m. Mountain. 10:00 a.m. to 11:00 a.m. Pacific. REGISTER HERE. In this installment of our 2021 Trade Secrets Webinar Series, our team will focus on new legislation and the enforcement of non-competes. Any company that seeks to use non-compete and non-solicitation agreements to protect its trade secrets, confidential information, client relationships, goodwill, or work forces needs t

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Payment Terms in France: Updated Sanctions by the Regulator

IP Tech Blog

Non-French companies need to pay attention to the French Payment Terms Regulations when paying (or being paid by) any French company. On December 2, 2021, the French regulator in charge of investigating and sanctioning noncompliance with the French payment terms regulation, the “DGCCRF,” published a “ Review of the sanctions taken by the DGCCRF in the first half of 2021 and publication of guidelines relating to the determination of sanctions “.

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Federal Circuit Reverses Judge Stark Decision, Finds Computer Network Patent Eligible

JD Supra Law

The US Court of Appeals for the Federal Circuit concluded that a representative claim was directed to a patent-eligible improvement to computer functionality, and therefore reversed a decision authored by Judge Leonard P. Stark as a sitting judge in the US District Court for the District of Delaware. Mentone Solutions LLC v. Digi International Inc., Case Nos. 21-1202, -1203 (Fed.

Patent 55
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Pharma turns to trade secrets and open source for software

Managing IP

Counsel at Bayer, Regeneron and two other companies explain what the rise of software in their firms means for IP protection and finding outside counsel

IP 59
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Patent Case Summaries - December 2021 #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.

Patent 55
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Turkmen inventor finds new cost-saving ways to recycle rubber and plastic waste

WIPO Magazine

Recognizing the pressing need to tackle environmental pollution from rubber and plastic waste, Rizayev Eldar Guseynovich, a young Turkmen entrepreneur, is developing new ways to transform garbage into a a range economically useful products.