Plagiarism Today

MARCH 16, 2022

Yesterday, a report by Scott Schwebke at the Orange Country Register highlighted a lawsuit filed by Chapman University processor David Berkovitz, who has filed a lawsuit against a John Doe student that he accuses of posting questions from his exam online. According to the lawsuit, during the spring 2021 semester Berkovitz was teaching a Business 215 class, during which he gave both a midterm and a final exam to the students.

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Erik K Pelton

MARCH 14, 2022

The following is an edited transcript of my video Most Valuable Trademark Features of the USPTO Website. Did you know that the U.S. Patent and Trademark Office has a very robust website that has tons of useful information? In fact, it has so much useful information that it can be overwhelming at times, and that’s even for someone who uses it frequently and is very knowledgeable about all the ins and outs of trademarks.

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TorrentFreak

MARCH 31, 2022

Russia’s invasion of Ukraine has been going on for more than a month. It isn’t going to plan. In parallel with the terrible images being shared around the world, Russia is using its infamous site-blocking systems to deny access to websites that dare to challenge the Kremlin’s narrative of Putin’s ‘Special Operation’ Telecoms regulator Roscomnadzor is working harder than ever to maintain its blockades against everything from Google News, Twitter, Facebook, and

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Michael Geist

MARCH 30, 2022

Bill C-11, the Online Streaming Act that serves as the government’s follow-up to Bill C-10, was the subject of debate in the House of Commons yesterday as the legislation slowly makes it way through the legislative process. There are still committee hearings to come, but it is readily apparent that many of the concerns that hamstrung Bill C-10 have returned: virtually limitless jurisdictional , overbroad scope , and harmful discoverability provisions.

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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?

Technology

SpicyIP

MARCH 3, 2022

In the discussions around IP, trade and innovation, it has often been pointed out that least developed countries and developing countries are frequently the net importers of technologies, while the developed countries tend to be net exporters of technologies. This is a point that is especially relevant when discussing the problems with ‘one-size-fits-all’ approaches to globally harmonized IP regimes (see for example, this post on a Report on Patent Exclusions ).

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The IPKat

MARCH 21, 2022

Proving genuine use of a trade mark (within the meaning of article 16 Directive TMD ) can be a challenging task. This is especially the case when a mark has been used irregularly. In those circumstances finding sufficient and suitable proof may be difficult. At the same time, proving that a mark has not been used is arguably more difficult; how do you provide evidence of something that does not exist?

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IP Watchdog

MARCH 7, 2022

On March 2, amicus briefs were presented to the U.S. Supreme Court in support of petitioner Universal Secure Registry’s (USR’s) appeal from the U.S. Court of Appeal for the Federal Circuit (CAFC), which challenges that court’s application of the Alice/Mayo framework on Section 101 subject matter patent eligibility in invalidating patent claims owned by USR.

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TorrentFreak

MARCH 23, 2022

After Russia invaded Ukraine on February 24, 2022, it became clear that the conflict would result in devastating loss of life with implications for the whole planet. As countries around the world implemented the broadest sanctions regime in history against Russia, entire nations and their industries prepared for the aftershocks and entertainment was no exception.

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Patently-O

MARCH 12, 2022

by Dennis Crouch. I recently posted a chart showing that there is a significant difference in technology focus of patents tied to US-Inventors as compared with Non-US-inventors. The following chart looks at the file histories of U.S. patents and asks what percentage received a rejection prior to issuance (blue) and what percentage received a Section 101 rejection prior to issuance (issued patents 2015-2020).

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SpicyIP

MARCH 17, 2022

As readers would know, the TRIPS Waiver proposal at the WTO regarding Covid vaccines and treatment, has been discussed ad-nauseum for more than a year now, with very little actual progress. Roshan John brings us an interesting update from a closed-door discussion between EU, India, South Africa and the United States, based on some leaked text that appears to be a draft document outlining a potential compromise / way forward.

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Advertiser: IPO

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.

Patent

The IPKat

MARCH 8, 2022

Kat friend, Vishv Priya Kohli , reports on an interesting development in Denmark regarding design law protection, with the establishment of the Danish Design Board. In Denmark, the challenge facing designers and artists in enforcing their rights against infringement has been an area of concern for at least the past two decades, here. Addressing this need, the Danish Design Board (Designnævnet) was launched on February 24, 2022.

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Plagiarism Today

MARCH 31, 2022

Earlier this month, the Russian government began taking steps to broadly legalize the piracy of all content from countries that were sanctioning it. This movie initially began with patents and business software, but has been reportedly expanded to include all types of copyright-protected content. ( Note: There are conflicting reports on whether this has already been signed into law or is just being considered.

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IP Watchdog

MARCH 31, 2022

The National Institutes of Health (NIH) is at legal odds with Moderna, claiming that Moderna neglected to add three NIH scientists to Moderna’s patent application on a principal COVID-19 vaccine. If a court ends up siding with NIH, it would co-own any issued patents on the technology, which could prove to be quite valuable; in 2021, Moderna’s vaccine sales were forecasted to be in the range of $15 billion and $18 billion.

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TorrentFreak

MARCH 14, 2022

There are millions of websites available today, most of which remain completely unknown to the majority of internet users. If you had to pick one known to everyone, though, YouTube would be a pretty safe bet. Most people agree that YouTube is a fantastic platform but over the years the ad-supported free tier has become very frustrating. It has ads – lots of ads – many of which inexplicably appear at the most inconvenient and irritating times.

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The Trichordist

MARCH 12, 2022

By Chris Castle [This post first appeared on MusicTechSolutions.] [This post is Part 2 of a three part post on Spotify’s ESG Fail, and is an extension… Read more "Spotify’s ESG Fail: Social".

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The Illusion of More

MARCH 10, 2022

Not that I have any delusions about the reach of this blog, but for what it’s worth, here’s a pro-tip for celebrities everywhere about sharing photographs of yourselves on social media: if you don’t own the rights in the image, don’t post it. This keeps happening. A celebrity posts an image of himself, the photographer […]. The post A Response to Snoop Dogg About Celebrity Photos appeared first on The Illusion of More.

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The IPKat

MARCH 22, 2022

In response to the ongoing military aggression against Ukraine, the European Patent Office (EPO) has issued a notice relating to provisions allowing for deadline extensions in view of the conflict. The notice accompanies strongly worded expressions of solidarity with Ukraine from patent offices and organisations across Europe, as well as donations of practical assistance.

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Plagiarism Today

MARCH 3, 2022

Last week, Retraction Watch published a guest post by Steve Haake , a professor of sports engineering at Sheffield Hallam University in the UK. In it, he tells the story of a retraction that was literally more than a decade in the making. The retraction was of a letter written by Paul McCrory and published by the British Journal of Sports Medicine (BJSM) in 2005.

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IP Watchdog

MARCH 11, 2022

Thirty-one signatories from 29 center-right public policy organizations have written U.S. Health and Human Services Secretary Xavier Becerra, urging him to deny a petition from Knowledge Ecology International that requests use of march-in rights under the Bayh-Dole Act against the prostate cancer medicine, Xtandi. The conservative organizations represented on the letter include some of the most prominent center-right groups, such as the American Conservative Union, Americans for Prosperity, Amer

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TorrentFreak

MARCH 11, 2022

When ‘Spider-Man: No Way Home’ was about to be released late last year in theaters, spoilers and leaked footage started to circulate online. The spoilers didn’t give away much, nor were they of notable quality. Nonetheless, Columbia Pictures did its best to bury them all. The movie studio sent numerous takedown notices which, accidentally, even targeted news articles that mentioned the leak.

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Traverse Legal Blog

MARCH 8, 2022

My name is NFT lawyer Enrico Schaefer. I am an attorney specializing in blockchain technology. Today, we’re going to talk about non-fungible tokens (NFTs). We will look at two popular NFT offerings, the Bored Ape Yacht Club and Crypto Punks. Both NFT drops have been unexpectedly and amazingly successful. But the companies behind these NFT projects failed to account for several critical legal issues when they launched.

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IPilogue

MARCH 16, 2022

Photo by C D-X ( Unsplash ). Sally Yoon is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. . On February 4, the Recording Industry Association of America (“RIAA”) sent a demand letter to HitPiece.com’s lawyer and its founders, demanding that it stops infringing music creators’ intellectual property rights. HitPiece.com was generating controversy prior to the demand letter, with several users calling it a scam NFT site.

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Michael Geist

MARCH 3, 2022

Last month, I appeared before the Senate Standing Committee on Legal and Constitutional Affairs to discuss Bill S-210, a bill that aims to limit minors’ access to pornography sites by implementing age verification and website blocking requirements. I warned that face recognition technologies, which are often used for age verification, raise serious privacy risks and that website blocking would have negative consequences for freedom of expression.

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Patently-O

MARCH 17, 2022

Congratulations and hearty welcome to Judge Leonard P. Stark who was sworn in today as #40. The 40th Judge appointed to the Court of Appeals for the Federal Circuit. The court is now back up to its full complement of 12 circuit court judges along with 7 judges on senior status. The court released a photo showing Chief Judge Kimberly Moore administering the oath of office.

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IP Watchdog

MARCH 23, 2022

The European Intellectual Property Office (EUIPO) recently published a deep dive report, titled Study on the Impact of Artificial Intelligence on the Infringement and Enforcement of Copyright and Designs. The report is a product of the Impact of Technology Expert Group, which was established in early 2019. They followed an approach based on Lawrence Lessig’s ‘Code and Other Laws of Cyberspace’ also known as the Code Theory.

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TorrentFreak

MARCH 10, 2022

For many years we’ve been reporting on efforts by Russian authorities to restrict access to internet content deemed ‘dangerous’ by the state. Our focus has been on the relatively tight niche of copyright issues. These typically involve Russian telecoms agency Roscomnadzor and the use of powerful filtering and detection systems to block pirate sites that stubbornly refuse to remove movies and TV shows.

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Technology & Marketing Law Blog

MARCH 14, 2022

by guest blogger Kieran McCarthy. I have a friend who is a professor of literature. He once joined a book club with other professors of literature dedicated to analyzing James Joyce’s notoriously opaque classic, Finnegan’s Wake. They met weekly and combed through the book line by line, trying to make sense of all the dense metaphors and obscure references.

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IPilogue

MARCH 23, 2022

Please send your completed applications to ipinnovationclinic@osgoode.yorku.ca. The IP Innovation Clinic, the first student-based clinic of its kind in Canada, is seeking law students from Osgoode Hall Law School to provide assistance to under-resourced inventors, entrepreneurs and start-up companies with their innovation and commercialization activities.

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Traverse Legal Blog

MARCH 25, 2022

In this video, Blockchain attorney Enrico Schaefer identifies key legal issues every brand, marketing agency, or project point person needs to be thinking about before launching an NFT project for a company. Are major brands are dropping NFTs? The answer might surprise you. Most of the major brands in the world have either dropped an NFT, are experimenting with NFTs or have an NFT project on the project list in the marketing department.

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Patently-O

MARCH 11, 2022

by Dennis Crouch. Thaler v. Hirshfeld , App No. 21-02347 (Fed. Cir. 2022). Prof. Ryan Abbott continues to push Thaler’s case on a global basis. Thaler created an AI system that he calls DABUS. DABUS created two separate inventions — a “Neural Flame” and “Fractal Container.” Thaler filed for patent protection, but refused to name himself as the inventor — although he created DABUS, these particular inventions did not originate in his mind.

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IP Watchdog

MARCH 24, 2022

Thirty percent of respondents to a survey of applicants using the U.S. Patent and Trademark Office’s (USPTO’s) Patent Pro Bono Program (PPBP) were African American or Black and 41% were female, according to the latest USPTO Director’s Blog. The demographic data were collected voluntarily in 2021from the 21 regional programs that administer the PPBP as part of the broader goal of diversifying the patent system.

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TorrentFreak

MARCH 7, 2022

As Vladimir Putin’s invasion of Ukraine and his military’s horrendous campaign of bloodshed continues, world leaders and people around the globe are hoping that punishing sanctions against the Russian Federation will bring peace to Europe. These are far-reaching and include measures to restrict Russia’s access to technology. Many companies were quick to respond.

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Technology & Marketing Law Blog

MARCH 15, 2022

Fuxi, the putative copyright owner, has a registration for an image of printed sage leaves (the left image): The alleged infringer, the Sunny Factory, sells the candles on the right on Amazon. Fuxi’s lawyer, Haoyi Chen of Arch & Lake , allegedly sent multiple takedown notices to Amazon, which caused Amazon to suspend the Sunny Factory. The suspension allegedly cost Sunny Factory $500k/month of sales (that’s a lot of candles).

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IPilogue

MARCH 29, 2022

Sally Yoon is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. This article is part of a series covering the 5th Annual IP Data & Research Conference, hosted by the Canadian Intellectual Property Office and the Centre for International Governance Innovation. The 5 th Annual IP Data & Research Conference , organized by the Canadian Intellectual Property Office (“CIPO”) and the Centre for International Governance Innovation (“CIGI”), included a session on “Clean Technol

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Technology IP Intellectual Property Ownership 122

SpicyIP

MARCH 3, 2022

We are pleased to bring you a guest post by Kedar Ganesh Dhargalkar, analysing the possibility of trademark protection for bodily features. Kedar is a fourth year BLS LLB student at the Adv. Balasaheb Apte College of Law in Mumbai. His previous guest posts on the blog can be viewed here and here. Trademarking Signature Poses/Looks – A Progressive Protection of Individuality.

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