September, 2021

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Why You Should Never Use the Stock Content in a Website Theme

Plagiarism Today

Building a new website is literally easier than it’s ever been. There are countless services that will help you get started and a never-ending slew of tools to help you get your business or personal endeavor online. However, that’s not to say that there is no work. One still needs to make the site look attractive, fill it with useful content, and then maintain/update the site moving forward.

Licensing 275
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Canada’s Pointless Pandemic Election and its Implications for Copyright, Content Industries and Digital Platforms?

Hugh Stephens Blog

For those of my readers outside Canada who may not have noticed, Canada has just held a general election. If many outside Canada were not following this election, many Canadians were also not focused on it. Voter turnout on election day, September 20, was just over 58 percent, close to an all-time low. The fact … Continue reading "Canada’s Pointless Pandemic Election and its Implications for Copyright, Content Industries and Digital Platforms?

Copyright 246
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The ‘Restoring America Invents Act’ Would Open the Floodgates for Patent Owner Harassment

IP Watchdog

The much discussed, but previously unreleased, Restoring America Invents Act has finally been made public. The bill was submitted by Senator Patrick Leahy (D-VT) in what he described late last week as an attempt to reverse the reforms of the Patent Trial and Appeal Board (PTAB) made by former USPTO Director Andrei Iancu. Leahy promised to take aim at discretionary denials of inter partes review (IPR) and post grant review (PGR) challenges, which he did, among many other things.

Invention 145
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ROM & Emulation Site Pleasuredome Shuts Down After 15 Years of Gaming

TorrentFreak

Sometime in 2004, a new site appeared hoping to provide a better service to fans of the growing video emulation scene. Acting as both a source and index for ROM and losslessly compressed CHD files (for the MAME emulator), Pleasuredome made emulation resources more accessible, supported by a growing community. Right off the bat, Pleasuredome was billed as the home of the MameFTPGroup, a reference to the most popular emulator of the time and FTP, the-then favored format for file transfers.

Copyright 145
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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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Webinar on ‘Trade Secret and Access to Medicine’ by CUSAT and TWN [September22]

SpicyIP

We’re pleased to inform you that the DPIIT IPR Chair of the Inter University Centre for IPR Studies at the Cochin University of Science and Technology and the Third World Network are jointly organizing a free webinar on “Trade Secret and Access to Medicine ” on September 22, 2021. For further details, please see the announcement below: Trade Secret and Access to Medicine.

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In the Courts: Australian Court finds AI systems can be “inventors”

WIPO Magazine

In a world first, a judge of the Federal Court of Australia has found that artificial intelligence is capable of being an “inventor” for the purposes of the Australian patent regime. Find out more about Justice Beach’s decision.

Inventor 140

More Trending

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Michelle’s Country Music Murals: An Update?

Hugh Stephens Blog

Some readers may recall two blogposts (Mural, Mural on the Wall and Were They Commissioned, One and All?) that I wrote a couple of years ago about muralist Michelle Loughery and her copyright dispute with the Merritt Walk of Stars Society. The disagreement was over who held the copyright to a series of murals that … Continue reading "Michelle’s Country Music Murals: An Update?

Music 246
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Commerce Department Announces National Artificial Intelligence Advisory Committee

IP Watchdog

The U.S. Department of Commerce announced today that it has established a National Artificial Intelligence (AI) Advisory Committee that will advise the President and other federal agencies on issues surrounding AI. The Committee will work with the existing National AI Initiative Office (NAIIO) in the White House Office of Science and Technology Policy (OSTP).

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The World’s Oldest Active Torrent Turns 18 Soon

TorrentFreak

BitTorrent is an excellent distribution mechanism but, for a file to live on, at least one person has to keep sharing it. This means that most torrents eventually die after the public loses interest. However, some torrents seem to live on forever. The Fanimatrix. The oldest surviving torrent we can identify is a copy of the Matrix fan film “ Fanimatrix.” The torrent was created in September 2003, which means that it will turn 18 this month.

Copying 145
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EFF Dealt Another Blow in Attempt to Strike Down Section 1201 of the Copyright Act

Copyright Alliance

The Electronic Frontier Foundation (EFF) has received another defeat in its long-running lawsuit challenging the constitutionality under the First Amendment of the anti-circumvention and anti-trafficking provisions of section 1201 of […]. The post EFF Dealt Another Blow in Attempt to Strike Down Section 1201 of the Copyright Act appeared first on Copyright Alliance.

Copyright 140
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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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Art meets crypto – traditional copyright issues in a tokenized world

JD Supra Law

Non-Fungible Tokens (NFTs) are the latest development in disruptive blockchain technology innovations, this time in the world of digital art, collectibles, and even luxury goods. Traditional auction houses have already started leveraging the technology, with one piece of digital artwork being sold for $69 million on Christie’s, and a visualization of the source code for the internet being sold for $5 million on Sotheby’s.

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A table and a table coaster that shaped EU design law

The IPKat

This year marks the 10th anniversary of the Court of Justice’s (CJEU) landmark judgment in Pepsico v Grupo Promer Mon Graphic ( C-281/10P ). In this ruling, which originated from a design invalidity claim before the EUIPO (OHIM, as it was known then), the Court of Justice construed the meaning of the ‘informed user’. Under EU design law, the ‘informed user’ is the standard on the basis of which it examines both the validity and the infringement of a design.

Designs 136
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Some Reflections on What Can—and Cannot—Be Protected by Copyright?

Hugh Stephens Blog

My wife was flexing her wrist, extending her forefinger and manipulating her thumb, following the instructions on the sheet in front of her that the physiotherapist had provided. She (my wife that is) had broken her wrist a few weeks earlier, in an unfortunate fall. With neither of us having ever broken a bone before, … Continue reading "Some Reflections on What Can—and Cannot—Be Protected by Copyright?

Copyright 246
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New Tillis-Leahy Bills to Boost Innovation: The Good, the Bad and the Nonsense

IP Watchdog

Earlier today, U.S. Senators Thom Tillis (R-NC) and Patrick Leahy (D-VT), the Ranking Member and Chair of the Senate Intellectual Property Subcommittee, introduced a pair of bipartisan bills that the Senators say are aimed at improving the participation Americans from all backgrounds in the patent system and ensuring that the public knows the true owners of patents.

Inventor 138
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Iconic “Piracy Is a Crime” Domain Now Redirects to IT-Crowd Parody

TorrentFreak

Over the past decades, the entertainment industries have tried out numerous anti-piracy PSAs. One of the most iconic videos is without doubt the “You Wouldn’t Steal a Car” campaign, which has proven to be a fertile breeding ground for memes and satire. The video was the result of a collaboration between the Motion Picture Association, the Federation Against Copyright Theft, and the Intellectual Property Office of Singapore.

Cinema 145
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The SHOP SAFE Act Is a Terrible Bill That Will Eliminate Online Marketplaces

Technology & Marketing Law Blog

[Note: this blog post covers Rep. Nadler’s manager’s amendment for the SHOP SAFE Act , which I think will be the basis of a committee markup hearing tomorrow. If Congress were well-functioning, draft bills going into markup would be circulated a reasonable time before the hearing, so that we can properly analyze them on a non-rush basis, and clearly marked as the discussion version so that we’re not confused by which version is actually the current text.].

Trademark 135
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U.S. Court Rules Artificial Intelligence Cannot be an Inventor (Again)

IPilogue

Photo by Possessed Photography ( Unsplash ). Sabrina Macklai is an IPilogue Senior Editor and a 2L JD Candidate at the University of Toronto Faculty of Law. . Emily Prieur is an IPilogue Writer and a 3L JD Candidate at Queen’s University Faculty of Law. . Artificial intelligence (AI) is everywhere. It influences the ways we socialize, work, and carry out our daily lives.

Inventor 129
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Book review: The Intelletual Property of Nations

The IPKat

This is a review of The Intellectual Property of Nations: Sociological and Historical Perspectives on a Modern Legal Institution by Laura R. Ford - Assistant Professor of Sociology at Bard College, New York. In this book, Laura Ford draws on macro-historical sociological theories, to trace the development of intellectual property from antiquity to the modern nation-state system, showing how this infrastructure of power emerged.

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With Cryptocurrencies and NFTs Continuing to Boom, Financial Regulators Are Clamping Down

JD Supra Law

- With crypto investment frauds on the rise, the U.S. Securities and Exchange Commission sent a warning to investors and published an investor alert listing out possible signs of a scam. Along similar lines, a Bloomberg article discusses the critical need for financial regulators to provide investors with tools to protect themselves when investing in NFTs and cryptocurrencies. - NFTs further infiltrate Hollywood and now the hospitality industry.

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Federal Circuit Upholds Delaware Court’s Inequitable Conduct Analysis

IP Watchdog

In a precedential decision written by Judge Reyna, the U.S. Court of Appeals for the Federal Circuit (CAFC) on Wednesday upheld a Delaware district court’s ruling that Belcher Pharmaceuticals Inc.’s Chief Science Officer engaged in inequitable conduct, making its U.S. Patent No. 9,283,197 unenforceable. Belcher brought the suit against Hospira, Inc. for infringement of the ‘197 patent under the Hatch-Waxman Act, but the district court found that the Belcher Chief Science Officer withheld materia

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Software Piracy Triggers Innovation, Research Finds

TorrentFreak

Piracy presents a major challenge for companies across different sectors, including the software industry. Many copyright holders stress that piracy hurts their bottom line. This could lead to less output and innovation. However, research has shown that this isn’t always the case. Previously, studies have found that piracy doesn’t reduce the number of new films being made.

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Pride in Patent Ownership Act

Patently-O

by Dennis Crouch. A bipartisan pair of Senators have proposed the “ Pride in Patent Ownership Act.” The premise is that if you own a patent, you should be proud to own the patent — and actually record your ownership interest. The bill pushes this pride by requiring patent owners to record their ownership with the kicker that those who fail to record lose their right to punitive damages for any infringement that occurs prior to recordation.

Ownership 128
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Webinar on Digital Sequence Information (DSI): Implications on Access & Benefit Sharing [October 4-7]

SpicyIP

We’re pleased to inform you that the DPIIT IPR Chair of Inter University Centre for Intellectual Property Rights Studies at the Cochin University of Science and Technology (CUSAT) is organizing a four day webinar on “ Digital Sequence Information(DSI)- Implications on Access and Benefit Sharing ” from October 4-7 2021. For further details, please read the announcement below.

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UK Government responds to DCMS Music Streaming Inquiry recommendations

The IPKat

Readers will no doubt be aware of the recent UK Economics of Music Streaming Inquiry by the Digital Culture Media and Sport Committee [ Katposts here ], which investigated the impact of music streaming on artists remuneration, as well as other issues around the fairness and sustainability of the wider music industry. Subsequently, the Committee published a report which set out a number of recommendations to Government [ Katpost here ] that included equitable remuneration for streaming, contract

Music 130
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Video Gaming / E-Gaming Law Update – September 2021

JD Supra Law

Main Quest - ‘Mint’ Conditions: NFTs and Video Games - Over the course of the past year, nonfungible tokens (NFTs) have transformed from a relatively niche product for those in the cryptocurrency sector to an increasingly common way for creators and rights holders to market digital goods. Between high-profile NFT-related projects and a slew of entertainment companies, sports leagues, music labels and video game developers getting involved, 2021 has seen a massive rise in the popularity of the.

Law 128
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The Federal Circuit’s Obsession with Judge Albright is Becoming Increasingly Bizarre

IP Watchdog

While there are any number of reasons to question the continued viability, value and necessity of the Federal Circuit, the court’s continued use of mandamus is extremely troubling. Much of the time, it seems the Federal Circuit is using this extraordinary remedy to control the docket of Judge Alan Albright of the Western District of Texas, ordering him to transfer cases.

Patent 132
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Netflix Movie Screeners Leak on Pirate Sites Before Official Premiere

TorrentFreak

Pirated copies of movies leak all year round, usually after they come out on streaming services or through digital release. That by itself is nothing special. Screener releases are a notable exception to this rule. These are advance copies of recent movies that are generally sent out to critics and awards voters. The screeners are supposed to remain private but every year a few end up in the hands of pirates.

Copying 144
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A Million Inventions Lost: Abandoned Provisional Applications

Patently-O

by Dennis Crouch. US provisional patent applications continue to be popular, with about 170,000 filed each year since 2013. After filing a provisional, the applicant then has one-year to move the case to a non-provisional or PCT application, and eventually toward patent issuance. If the applicant does not follow-up with these next steps, the provisional application is abandoned, and the file kept secret.

Invention 124
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High-Level Dialogue—TRIPS Waiver: Challenges & Opportunities? [September 13]

SpicyIP

We are pleased to inform you that a high-level dialogue to discuss the challenges and opportunities concerning the TRIPS Waiver with intellectual property experts, a nobel laureate, a member of the European Parliament, and a US Congressman is being organised on 13th September, 2021 from 6:45 PM to 08:00 PM Indian Standard Time. For further details, please read the announcement below.

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Book Review: Intellectual Property Law in China, 2nd Edition

The IPKat

The first edition of Intellectual Property Law in China (IPLCN) was the first of a bunch of goodies this Kat enthusiastically gathered from the incomparable IP library of the Max Planck Institute for Innovation and Competition (MPI). It was published in 2005 – a bit aged – but it still stands as the visible fruit of the MPI’s Asian Department, which was founded in 1975.

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Trademark rights in interdigitization

Likelihood of Confusion

Nick Daly drops me a note to the effect that one Jay-Z, gazillionaire rhyming scatologist, has been sued by a professional perspirer and leaping stage goon called Diamond Dallas Page — The post Trademark rights in interdigitization appeared first on LIKELIHOOD OF CONFUSION™.

Trademark 124
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Looming Leahy Bill Would End Fintiv Practice at PTAB

IP Watchdog

IPWatchdog has obtained a draft summary of the “Restoring the America Invents Act” bill that Senate IP Subcommittee Chair, Senator Patrick Leahy (D-VT), is purportedly expected to introduce shortly. Several other outlets have reported that either Leahy himself or sources on the Hill confirmed such a bill is in the works and will address discretionary denial practice at the Patent Trial and Appeal Board (PTAB) under the PTAB’s precedential Apple Inc. v.

Invention 131
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UK Police Shut Down Pirate IPTV Network With “Hundreds of Thousands” of Customers

TorrentFreak

With pirate IPTV services providing access to thousands of TV channels at a cheap price, the Federation Against Copyright Theft is continuing its quest to disrupt piracy in the UK. FACT acts on behalf of broadcasting partners including Sky and for years has been cracking down on pirate suppliers of live sporting content. Today the anti-piracy company has announced what appears to be a particularly significant operation carried out in partnership with police in the UK. ‘Top UK Content Provi

Copyright 144
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Data on Transition Phrases in Patent Cases

Patently-O

by Dennis Crouch. You may have heard that most US utility patent claims use the open transition phrase COMPRISING. Here’s the data to support that hearsay. The chart below shows data from independent claims gleaned from issued US patens grouped by patent issue year. To make the chart, I calculated the percentage of independent claims that include the phrase comprising or comprises or comprise as the first traditional (or only) transitional phrase within the claim text.

Patent 124
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The Law Bytes Podcast, Episode 100: David Vaver With a Masterclass on Copyright and User Rights

Michael Geist

The role of the public and the public interest has factored prominently into many of the Law Bytes podcast conversations. For the 100th episode, Osgoode Hall Law School Professor David Vaver , widely viewed as Canada’s leading IP expert, joins the podcast. The recipient of the Order of Canada, Professor Vaver provided the scholarly grounding for the emergence of user rights in copyright in Canada and around the world.

Copyright 123