Sat.Feb 26, 2022 - Fri.Mar 04, 2022

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When the Editor is the Plagiarist

Plagiarism Today

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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Grappling with Online Safety Legislation: How to Hold the Platforms Accountable?

Hugh Stephens Blog

When it comes to online safety—or its flip side, online harms—many countries are grappling with the problem. What is the role of government in establishing guidelines and regulations for the protection of citizens, particularly vulnerable segments of the population, from a range of harms perpetrated by anti-social and even criminal elements via the internet?

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Recent Expansion of IPR Estoppel Scope Viewed As Victory for Patent Owners

Intellectual Property Law Blog

In its recent decision in Caltech v. Broadcom Limited, et al , [1] the Federal Circuit expanded the scope of Inter Partes Review (“IPR”) estoppel “to all claims and grounds… which reasonably could have been included in [an IPR] petition.” (emphasis added). In its decision, the court overruled Shaw Industries Group, Inc. v. Automated Creel Systems, Inc. , [2] which previously explained the meaning of “during an IPR” when analyzing the scope of IPR estoppel.

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Trademark Registration: The Whole is Greater Than the Sum of Its Parts

Erik K Pelton

The following is an edited transcript of my video Trademark Registration: The Whole is Greater Than the Sum of Its Parts. I don’t know where the phrase “ the sum is greater than the parts ” came from, but I do know that it has many applications. And one very important application for our purposes is that when it comes to trademark registration and the protections created by it–the benefits created by it–the sum really is greater than the parts.

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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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How Much For That IP System? South Centre Report Suggests Developing Countries Pay Quite the Price

SpicyIP

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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“Friends” Leaving Netflix Caused a Piracy Spike in The Netherlands

TorrentFreak

For online media consumers, things have improved significantly over the years. More content is made available globally than ever before. In today’s on-demand society this is particularly important for new content. A geographical delay of a few days can be sufficient to drive some people to pirate sites. “Friends” Pirates. Availability is not only important for new releases though as iconic movies and TV shows always stay in high demand.

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More Trending

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CRTC Calls for Increased Powers To Take a More “Interventionist” Approach on Internet Content

Michael Geist

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.

Privacy 123
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CAFC Reversal Allows APA Claim Against USPTO to Proceed

IP Watchdog

Last week, the United States Court of Appeals for the Federal Circuit (CAFC) reversed a decision of the U.S. District Court for the Eastern District of Virginia affirming the United States Patent and Trademark Office (USPTO) Director’s vacatur of ex parte reexamination proceedings based on the estoppel provision of the inter partes review (IPR) regime.

Patent 122
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DISH: Pirate IPTV Operators Launched New Services Despite $90m Judgment

TorrentFreak

In 2018, broadcaster DISH Network sued the people behind pirate IPTV service SetTV for illegally obtaining the company’s broadcasting from its satellite service and redistributing them online. At a Florida court, DISH and encryption partner NagraStar sued several individuals, companies and trusts collectively doing business as SetTV via the domain settvnow.com.

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The impact of Brexit for EU trade mark injunctions

The IPKat

Since the 31st of January 2020 the United Kingdom is no longer part of the European Union (‘EU’). With respect to trade marks, the departure of the UK has specific legal consequences. Article 54(1)(a) of the Withdrawal Agreement stipulates that holders of an EUTM registered or granted prior to the end of the transitional period (31 December 2020), will, by virtue of law, be granted a trade mark in the United Kingdom, consisting of the same sign, for the same goods or services.

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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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Trademarking Signature Poses/Looks – A Progressive Protection of Individuality

SpicyIP

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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Airline Sues to Stop Popular Web-Scraping Service–American Airlines v. The Points Guy (Guest Blog Post)

Technology & Marketing Law Blog

by guest blogger Kieran McCarthy. Those interested in web scraping legal issues had high hopes that the Supreme Court’s opinion in Van Buren v. United States last summer would provide clear guidelines on which types of online data access were permissible and which were not. And while most would agree that the Supreme Court avoided a worst-case scenario with its decision, it didn’t give us what many were hoping for.

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Audiobook Pirate Still Plagues Authors After Being Deported For Selling Honey

TorrentFreak

In July 2021, Norway’s DN.no news service reported (paywall) on the plight of Fabel, a local platform dedicated to the distribution of audiobooks. The report indicated that large parts of the Fabel catalog were being distributed for free on an unnamed pirate site. The publication managed to track down Russian man Nikita Volgin, who claimed to have connections to the platform.

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Exploring the 2022 EPO Guidelines for Examination

IP Watchdog

The European Patent Office (EPO) recently published its Guidelines for Examination 2022, which come into force on March 1. Compared to previous years, the volume of changes is much smaller, and this witnesses the effort by the EPO in past years to arrive at a more stable text of the Guidelines, particularly concerning the software patentability and biotech sections.

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Online Course/Workshop on Access to Medicines TRIPS and Patents [March 10 – April 8]

SpicyIP

We’re pleased to inform you that Third World Network and Inter University Centre for IPR Studies (IUCIPRS), CUSAT are jointly organising a free online workshop on ‘Access to Medicines TRIPS and Patents’ from 10th March to 8th April, 2022. The deadline for registration is 5th March, 2022. Online Course/Workshop on Access to Medicines TRIPS and Patents.

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A Dove Has Spread Her Wings and Asks for Peace: Ukrainian Cultural Heritage at Risk

IPilogue

Maria Prymachenko, A Dove Has Spread Her Wings and Asks for Peace (1982). Claire Wortsman is an IPilogue Senior Editor and a 2L JD Candidate at Osgoode Hall Law School. On February 25, invading Russian forces burned the Ivankiv Historical and Local Museum, and the many culturally and historically significant pieces it housed, to the ground. The Museum’s collection included roughly 25 paintings by Maria Prymachenko, the celebrated Ukrainian artist world-famous for her colourful folk art style.

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UK-Based CDN Company Datacamp Sued For Hosting Pirate IPTV Services

TorrentFreak

Late September 2021, a group of independent movie companies filed a lawsuit against DataCamp, alleging that the CDN company provided services to several VPN providers. According to that complaint, DataCamp failed to terminate the accounts of these providers after being sent several warnings. As a result, the company was accused of contributory and vicarious copyright infringement alongside calls for an injunction.

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The Cost of Honest Mistakes: Even After Unicolors, Copyright Application Errors May Still Have Consequences

IP Watchdog

On February 24, 2022, the U.S. Supreme Court vacated the Ninth Circuit’s ruling in Unicolors, Inc. v. H&M Hennes & Mauritz, L.P., No. 20–915 (Feb. 24, 2022). The Court held that a copyright registration applicant, if unaware of legal inaccuracies in a copyright application, does not submit those inaccuracies “knowingly” for purposes of Section 411(b)(2), and as such, does not lose the protections of the Copyright Act’s safe harbor for registrations with inaccuracies.

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Clarifying or Confusing the Quandary of Identical Marks: Renaissance Hotel Holdings Inc. v. Vijaya Sai and Others

SpicyIP

We’re pleased to bring you a guest post by Sangita Sharma, looking at the Supreme Court’s order in the trademark infringement case Renaissance Hotel Holdings Inc. v. Vijaya Sai and Others. Sangita is a 3rd Year student at Gujarat National Law University and has written for us earlier here. Clarifying or Confusing the Quandary of Identical Marks: Renaissance Hotel Holdings Inc. v.

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Centering Artists’ Voices Within IP Discourse

IPilogue

Image by Tim Mossholder ( Unsplash ). Emily Chow is an IPilogue Writer and a 1L JD Candidate at Osgoode Hall Law School. . From the limited scope of my research as a 1L student, as well as my personal interest, I have noticed a lack of creative voices within the legal realms that apply to them. On the one hand, social media has enabled global sharing of news and creative media.

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Kanye West’s Exclusive ‘Donda 2’ Release Triggers Piracy Craze

TorrentFreak

Last week, Kanye West dropped his latest album ‘ Donda 2 ‘ As previously announced, this is no regular release. The album is not available on Spotify, Apple, or any of the other major streaming platforms. Instead, fans who want to listen to the tracks have to purchase Kanye’s Stem Player, a $200 audio device. “Today artists get just 12% of the money the industry makes.

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China Joins Hague System – Here’s Why You Should Care

IP Watchdog

An IP announcement that may have slipped past you in the last few weeks is that China will now become a part of the Hague System for the International Registration of Industrial Designs. The Act will officially enter into force on May 5, 2022. Does this make a difference to you and your clients? Yes, in a very, very big way. Back in the mid-1990s, I had a key client operating out of Hong Kong, prior to the transfer of sovereignty from the UK back to China.

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How Do People End Up Losing Their Trademark Rights?

Kashishipr

What happens after you get your mark registered as a trademark? Your Trademark Application gets approved, and you receive your registration certificate. Don’t let that Trademark Registration certificate fool you. It will surely declare your exclusive Trademark Rights to a logo or name; however, it is essential to note that you can lose those rights just as easily as you acquired them.

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Canadian Position on the “Gruyère” Trademark Battle

IPilogue

Photo by Daniela Paola Alchapar ( Unsplash ). Booker Zhang is an IPilogue Writer and a 1L JD Candidate at the University of Manitoba. . Gruyère is a smooth-melting cheese initially made in Gruyères, Switzerland, which has a long history dating back to the 12th century. France and Switzerland used to fight for the exclusive rights to the “Controlled Designation of Origin” for Gruyère.

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FBI Gains Access to Sci-Hub Founder’s Google Account Data

TorrentFreak

As the world’s leading free distributor of millions of oftentimes ‘paywalled’ research papers, Sci-Hub is often described as “The Pirate Bay of Science”. While this status warms the hearts of many researchers, academics and students around the world, especially those with limited resources available to access education, Sci-Hub has also accrued many high-powered enemies.

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Two Years After Allen, SCOTUS Poised to Revisit Copyright Infringement by State Entities

IP Watchdog

On February 21, Houston, Texas-based professional photographer Jim Olive filed a reply brief with the U.S. Supreme Court in defense of its petition for writ of certiorari asking the nation’s highest court to grant an appeal in Olive’s copyright infringement suit against the University of Houston System. This case is one of two separate suits seeking to hold Texas public universities accountable for copyright infringement; while sovereign immunity defenses have staved off liability thus far, a re

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Small Batch Publishing

Velocity of Content

Craft beers, artisanal cheeses, small-batch bourbons – these and many other niche businesses thrive today by providing quality products for audiences seeking value and exceptional experiences. So why not “small-batch publishing”? Caleb Mason runs Publerati , his independent publishing enterprise, from his home on Vinalhaven , a coastal Maine island reached by a 75-minute ferry ride.

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Easy, Breezy, Bioprintable: 3D Printing in the Cosmetics Industry

IPilogue

Image by Philip Ezze ( Wikimedia Commons ) . . Emily Xiang is an IPilogue Writer, President of the Intellectual Property Society of Osgoode, and a 2L JD candidate at Osgoode Hall Law School. . What is Bioprinting? Bioprinting is an innovative technology that uses cells, organic materials, and biological molecules to create complex models and structures.

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Brazzers Owner Awarded $36.5m in ‘YesPornPlease’ Copyright Lawsuit

TorrentFreak

MG Premium, part of the Mindgeek adult empire, had been homing in piracy platforms YesPornPlease.com and VShare.io for some time. In 2019 the Brazzers owner obtained a DMCA subpoena requiring Cloudflare to hand over the personal details of the sites’ owners. In January 2020, YesPornPlease had around 100 million visitors per month (SimilarWeb stats) so any information would’ve been useful to MG Premium.

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Fifth Circuit Says Auto Parts Suppliers Have No Article III Standing to Bring Antitrust Claims Against SEP Holders

IP Watchdog

The U.S. Court of Appeals for the Fifth Circuit on Monday vacated and remanded a district court decision that had dismissed Continental Automotive Systems, Inc.’s suit against several standard-essential patent holders and their licensing agent, claiming violations of federal antitrust law and state law. The U.S. District Court for the Northern District of Texas dismissed with prejudice Continental’s Sherman Act claims for lack of antitrust standing and, alternatively, for failure to plausibly pl

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Robojournalism – A Copyright Study on the Use of Artificial Intelligence in the European News Industry

Kluwer Copyright Blog

Photo by AbsolutVision on Unsplash. The buzz around AI-generated outputs seems to never stop. While the field is rich on exaggerated claims, there are certain domains that have seen a genuine revolution fueled by AI. One such field is journalism. In the past years, sophisticated AI algorithms have become a meaningful assistant in the European news industry.

Copyright 104
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Supreme Court (Finally) Renders a Copyright Decision That’s Not for the Birds?

Copyright Alliance

Court Decision in Unicolors v. H&M a Boon for Individual Creators as Court Closes Administrative Loophole Used by Infringers It was about this time last year that we all were […]. The post Supreme Court (Finally) Renders a Copyright Decision That’s Not for the Birds? appeared first on Copyright Alliance.

Copyright 101
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Yout.com Challenges Site Blocking in Peru, Strands in Spain

TorrentFreak

The music industry has pushed for site blocking measures around the world, with quite a bit of success. Among the main targets are popular stream-ripping services. This includes Yout.com , which is operated by the American developer Johnathan Nader. Unlike many of his peers, Nader isn’t simply taking these blocking orders lying down. On the contrary, where possible, he actively challenges them in court, as we’ve seen in Denmark , Spain, and Brazil.

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CAFC Clarifies Ruling on IPR Estoppel in Errata on Caltech v. Broadcom

IP Watchdog

Earlier this month, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed a decision of the U.S. District Court for the Central District of California in a patent infringement suit filed by the California Institute of Technology (Caltech) against Broadcom Limited, Broadcom Corporation, and Avago Technologies (collectively “Broadcom) and Apple Inc.

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Switching Study Concludes That Transition From Humira To Samsung Bioepis’s Adalimumab Biosimilar Is Safe and Effective

JD Supra Law

Results of the PROPER study, an interim analysis assessing the safety and efficacy of switching from Abbvie’s Humira to Samsung Bioepsis’s biosimilar adalimumab product, SB5, were presented last week at the European Crohn’s and Colitis Organization’s annual meeting.

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