Plagiarism Today

JUNE 29, 2022

In January 2022, just months after taking the role of Prime Minister in Romania, Nicolae Ciuc? faced a significant plagiarism scandal. According to reporter Emilia ?ercan (link in Romanian), some 42 pages of Ciuc?’s 38-page 2013 dissertation from the National Defense University in Bucharest were plagiarized from outside sources. Ciuc?, for his part, denied the plagiarism and said that his dissertation was legitimate.

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McKinsey Operations

JUNE 3, 2022

Worries about failure, criticism, and career impact hold back many people from embracing innovation. Here’s how to create a culture that accounts for the human side of innovation.

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Michael Geist

JUNE 8, 2022

TikTok did not appear before the Standing Committee on Canadian Heritage as part of its Bill C-11 study, but one of the world’s most popular user generated content sites issued a warning that even Canadian Heritage Minister Pablo Rodriguez can’t ignore: if the bill becomes law, “ any video on TikTok that uses music could be subject to regulation under the Broadcasting Act.” TikTok’s analysis picks up where Rodriguez left off at committee as he sought to downplay t

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The IPKat

JUNE 9, 2022

Derek "Del Boy" Trotter (fictional) Can a fictional character be protected as a self standing copyright work? If so, what is the test to be applied? In a judgment handed down yesterday - Shazam v Only Fools The Dining Experience and Others [2022] EWHC 1379 (IPEC) - the Intellectual Property Enterprise Court (IPEC) answered 'yes' and applied guidance derived from EU law, including the decision of the Court of Justice of the European Union (CJEU) in Cofemel (Katposts here ).

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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

TorrentFreak

JUNE 16, 2022

Over the past decade, mobile applications have become the standard platform for most people to consume content online. Whether it’s for shopping, news, or entertainment, there is a mobile app available for any type of content. This shift in consumption patterns is not limited to legal content; streaming piracy has gone mobile as well. Pirate streaming apps often have to be sideloaded onto devices but can be occasionally found in official app stores too.

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Patently-O

JUNE 22, 2022

by Dennis Crouch. Golden Eye Media USA v. Evo Lifestyle Products ( Fed. Cir. 2022 ) (nonprecedential). Evo’s design patent claims an “ ornamental design for a foldable bag ” as shown in the figures above. This style of bag is known as a “trolly bag” in the UK and is used in shopping carts (trollies) to maintain order in reusable fashion.

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McKinsey Operations

JUNE 7, 2022

By 2030, AI could disrupt transportation and other key sectors in China, adding significant economic value—but only if strategic cooperation and capability building occur across multiple dimensions.

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Michael Geist

JUNE 1, 2022

The Online Streaming Act hearings at the Canadian Heritage committee continued yesterday with testimony from several notable witnesses, including CRTC Chair Ian Scott. Scott had appeared before the committee several weeks earlier, confirming that Bill C-11 contains a provision that captures user content regulation, acknowledging that “as constructed, there is a provision that would allow us to do it as required.” That statement would not ordinarily be controversial since the inclusio

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The IPKat

JUNE 5, 2022

A recent judgment that caught this Kat's attention was delivered by the High Court of England & Wales further to a trade mark infringement claim brought by members of the Swatch group of watch makers against Samsung ( Montres Breguet S.A. and others v Samsung Electronics Co. Ltd. and Samsung Electronics (UK) Limited [2022] EWHC 1127 (Ch) ). The claim related to digital watch faces / watch face apps that could be downloaded to Samsung's smartwatches from the Samsung Galaxy App store ("SGA sto

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TorrentFreak

JUNE 8, 2022

With illegal streaming of live sporting events still causing headaches for leagues and broadcasters alike, rightsholders continue to demand more flexible tools to prevent infringement, especially via pirate IPTV services. ISP blocking is one of the preferred anti-piracy tools and in 2019, following a complaint from major media companies including Rogers, Bell and TVA, Canada’s Federal Court approved the country’s first blocking injunction targeting IPTV service GoldTV.

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Advertiser: IPO

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Patent

Technology & Marketing Law Blog

JUNE 2, 2022

Can tattoos infringe copyrights, and if yes, what remedies are appropriate? This is a venerable question–I remember evaluating it as a possible law review note topic 30+ years ago. This opinion is the first I can recall that answers the question squarely, but the most interesting questions get sent to a jury trial. Even so, the court’s almost-banal treatment of this super-interesting topic suggests that there may not be much tattoo exceptionalism in copyright law.

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Plagiarism Today

JUNE 22, 2022

In December 2020, the United States government passed the Copyright Alternative in Small-Claims Enforcement Act (CASE Act). The act, to put it simply, created the Copyright Small Claims Board (CCB), a “small claims court” to hear copyright infringement disputes. In the one and a half years since, the U.S. Copyright Office has been working to launch the board.

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McKinsey Operations

JUNE 15, 2022

New McKinsey research shows that students and faculty are eager to continue using new classroom learning technologies adopted during the pandemic, but institutions could do more to support the shift.

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IP Watchdog

JUNE 6, 2022

On June 2, Dr. Stephen Thaler filed a complaint in the U.S. District Court in Washington, D.C. naming as defendants both the United States Copyright Office (USCO) and Shira Perlmutter, in her official capacity as Register of Copyrights and Director of the USCO. The complaint marks the start of a new phase of Thaler’s attempts at obtaining a copyright registration for “A Recent Entrance to Paradise,” an AI-generated work that is the output of Thaler’s AI system known as Creativity Machine.

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The IPKat

JUNE 13, 2022

Recently, I spoke in the PRS London Members' Day panel about NFTs, alongside Cliff Fluet (Lewis Silkin) and Mike Walsh (Serenade). There has obviously been a considerable amount of excitement around non-fungible tokens (NFTs) over the last few years and some interesting developments in the last few months. Here is a roundup of the key things to know and keep an eye on.

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TorrentFreak

JUNE 2, 2022

YouTube users upload millions of hours of videos a week. As with any user-generated content site, this also includes copyright-infringing content. The file-hosting platform Uploaded faces similar issues. While it can be used to share legal files, some people use it to share pirated content. This is a thorn in the side of several rightsholders, who argue that YouTube and Uploaded are liable for the infringing activities of their users.

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Likelihood of Confusion

JUNE 24, 2022

This is an important trademarks / free speech case. I got in on an edge of it! The post Amicus Brief filed in Vans v. MSCHF appeared first on LIKELIHOOD OF CONFUSION™.

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Technology & Marketing Law Blog

JUNE 10, 2022

The plaintiff, Davis, is a member of two Facebook groups: “Ahwatukee411,” with over 32k members as alleged in the complaint (as the screenshot on the right shows, it’s now over 34k members), and “Protecting Arizona’s Resources & Children” (“PARC”), with 900+ members. Both groups are “private” Facebook groups: Both Ahwatukee411 and PARC have “always been” private, closed Facebook groups—meaning only group members can access and see posts made within the Groups.

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McKinsey Operations

JUNE 6, 2022

A senior partner in McKinsey’s Johannesburg office and chairman of the firm’s Africa region shares his views on purpose, untraditional paths, and why people must be not only good mentors but also good protégés.

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IP Watchdog

JUNE 20, 2022

On June 8, 2022, Senators Leahy, Blumenthal, Klobuchar, Cornyn, Collins and Braun sent a letter to U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal expressing concern about so-called “patent thickets” and requesting that she consider changes to the USPTO regulations and practices to address perceived problems with patent examination. The senators asked the USPTO to issue a notice of proposed rulemaking (which presumably must include new draft regulations) or at a minimum, a public r

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The IPKat

JUNE 27, 2022

The IPKat is pleased to host the guest contribution below by Katfriend Paolo Maria Gangi (Studio Gangi) on a very recent development concerning NFTs and IP. Here's what Paolo Maria writes: BAYC sues Ryder Ripps over unauthorized minting of NFTs by Paolo Maria Gangi Ryder Ripps The Bored Apes Yacht Club (BAYC) is one of the world’s most prominent and well-known NFT projects by Yuga Labs.

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TorrentFreak

JUNE 21, 2022

Last Thursday, the US Copyright Claims Board went live. Through this venue, hosted at the Copyright Office, copyright holders can try to recoup alleged damages outside the federal court system. The board aims to make it cheaper for creators to resolve disputes. There’s no attorney required and the filing fee is limited to $100 per claim. Accused parties also benefit as the potential damages are capped at $30,000.

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SpicyIP

JUNE 27, 2022

We’re pleased to bring our readers a 2 part guest post series by Surabhi Pande and Devvrat Joshi, on the recently proposed draft amendments to the IT Rules, 2021 (which were released on 6th June, 2022). The first part of this series focuses on two specific proposed amendments which they argue will severely impact the ability of intermediaries to avail of safe harbour provisions.

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Technology & Marketing Law Blog

JUNE 28, 2022

Holmok teaches at Lakewood High School. Virag tweeted: “When I was in his engineering class, I had been a part of a few reports filed against him. Some being racial and some being sexist. Nothing was ever done.” Burke retweeted Virag’s tweet and added “@Lakewood_LHS.” Holmok sued Burke for retweeting Virag’s tweet. The court dismisses per Section 230.

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McKinsey Operations

JUNE 23, 2022

A new era is possible—one that sees growth and societal benefits as complementary goals that reinforce each other. Our weekly digest of McKinsey insights explores the topic.

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IP Watchdog

JUNE 8, 2022

United States Patent and Trademark Office (USPTO) Director Kathi Vidal has intervened in two Patent Trial and Appeal Board (PTAB) cases that have caused much controversy in the patent world. Vidal yesterday granted Director Review in both OpenSky Industries, LLC v. VLSI Technology LLC, IPR2021-01064 and Patent Quality Assurance, LLC v. VLSI Technology LLC, IPR2021-01229, both of which have been the subject of scrutiny by members of Congress and patent practitioners, since the petitioners involve

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The IPKat

JUNE 6, 2022

When does a third-party sign unlawfully evoke the denomination “Champagne” ? The Barcelona Appeal Court recently weighed in on the question in the latest stage of the multi-year litigation between PDO “Champagne” and a Spanish tapas bar “Champanillo” (case SAP B 2691/2022 ). The court found that “Champanillo” is an evocation of “Champagne” and thus an infringement under the EU law on geographical indications (GIs).

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TorrentFreak

JUNE 21, 2022

For many years Japanese manga companies had a tendency to ignore the majority of overseas markets, despite the potential for lucrative trade. However, powered by a global Internet and passionate fans with translation abilities, scanned copies of manga titles first trickled and then flooded into the West, creating a massive market and future demand for this Japanese cultural product where none previously existed.

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SpicyIP

JUNE 10, 2022

We’re pleased to bring you a guest post with an update with the Covid-19 TRIPS waiver from Sreenath Namboodiri. You can read the previous posts we’ve had on the TRIPS Waiver here. Sreenath is Assistant Professor at School of Law, Christ (Deemed to be University) Delhi NCR. His research focuses on intellectual property rights in relation to health systems, sustainable development and innovation, pharmaceutical patents, knowledge governance, and technology and law.

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IPilogue

JUNE 13, 2022

Nikita Munjal is an IP Innovation Clinic Fellow and a third-year JD/MBA Candidate at Osgoode Hall Law School. This article was written as a requirement for Prof. Pina D’Agostino’s Directed Reading: IP Innovation Program course. Artists in the digital space have always been vulnerable to the unauthorized distribution, copying, and sale of their work.

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McKinsey Operations

JUNE 27, 2022

Manufacturers in industries such as automotive and electronics, nearing the tipping point of digital adoption, are achieving even faster and more sustainable change through Industry 4.0.

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IP Watchdog

JUNE 16, 2022

Following a denial of rehearing en banc by the U.S. Court of Appeals for the Fifth Circuit in February, publishing company Canada Hockey L.L.C., doing business as Epic Sports, and Michael Bynum, a sportswriter and editor, have now filed a petition for writ of certiorari with the U.S. Supreme Court in their appeal of a copyright case against both Texas A&M University and a pair of school officials.

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The IPKat

JUNE 21, 2022

This Kat is delighted to review “ Intellectual Property as a Complex Adaptive System ” (eds. Anselm Kamperman Sanders and Anke Moerland, 2021), the latest publication within EIPIN series of Edward Elgar. The book opens with Anselm Kamperman Sanders and Anke Moerland advancing their vision as to why intellectual property (IP) must be regarded as a complex adaptive system (CAS).

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TorrentFreak

JUNE 7, 2022

For more than 15 years, alleged file-sharers around the world have been pressured to pay significant settlement fees. These so-called ‘copyright-trolling’ efforts are pretty straightforward. Copyright holders obtain a list of ‘pirating’ IP-addresses and then request a subpoena from the court, compelling ISPs to hand over the associated customer data.

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SpicyIP

JUNE 17, 2022

After 2 long years and the whole hubbub that the 12th Ministerial Conference was, (see here here and here ) WTO has finally come up with the Draft Ministerial Decision On The TRIPS Agreement. The text is bound to have the world split on what to make of it. While multiple detailed assessments of this Draft Decision are due in course, I’ll quickly highlight a few key pointers which stand out (for better or worse) .

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