The IP Law Blog

JULY 15, 2021

CLS Bank Int’l , which involve the limits on patent eligibility under 35 U.S.C. § For example, in Alice, the court stated “[t]he ‘abstract ideas’ category embodies the longstanding rule that an idea of itself is not patentable.” Patent attorneys and inventors are often left to guess whether a particular invention is patent-eligible.

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The IP Law Blog

JANUARY 18, 2024

Companies rely on intellectual property (“IP”) rights to protect their valuable information, creations, and branding. IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. Patent and Trademark Office (“USPTO”) states, ” a trademark protects brand names and logos used on goods and services.

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Confidentiality Invention Business Artistic Work 113

Sander Law

JUNE 8, 2023

There are several international IP agreements that are useful in protecting your IP. Below is a brief summary of a few of them: Paris Convention (Foreign filing priority) After filing your IP in your home country, you can file the same IP in other countries and benefit from the filing date of the earlier home application (e.g.

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Patent Trademark Blog

APRIL 28, 2022

How are trademark rights determined in the US? In the US, trademark rights are generally given to the first one to use a mark. Except for a few limited circumstances, the first user is the rightful trademark owner in the US. The term common law arises most frequently in the context of an unregistered trademark.

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JD Supra Law

MARCH 16, 2022

Foreign enterprises’ confidence in China's IPR protection has been further enhanced. In 2021, 110,000 Chinese invention patents have been granted to foreign applicants, a year-on-year increase of 23.0%; 194,000 trademarks from foreign applicants have been registered, an increase of 5.2%

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LexBlog IP

SEPTEMBER 29, 2022

trademark law. trademark owner can recover damages for infringing sales outside the U.S. trademark owner otherwise would have made. trademark law “provide[s] a remedy for a foreign defendant’s use of a plaintiff’s U.S. trademark law, allowing U.S. to non-U.S.

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The IPKat

SEPTEMBER 15, 2022

In the spring and summer of 2022, following the international sanctions imposed upon Russia after its invasion of Ukraine, Russia introduced several landmark changes to its IP law, most notably to patent, trademark and copyright laws.

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IP and Legal Filings

AUGUST 14, 2023

Introduction Private International Law governs the disputes between two individual parties rather than States. Unlike Public International Law that has a defined jurisdiction and law, Private International Law lacks in that area. Choice of Law is determining which country’s laws will govern the dispute.

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LexBlog IP

APRIL 12, 2023

“Yes, the law is about words.,” And Ken White noted more recently that “the entire project of the law is about words meaning specific things.” Indeed, understanding and enforcing the rule of law is itself commonly about defining an undefined concept. One is the case of Abitron Austria GMBH v.

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Law IP Intellectual Property Copyright 52

IP and Legal Filings

OCTOBER 4, 2022

billion fine issued by the European Commission and considering the lack of a consolidated competition law in the UAE, businesses here may have been excused for being tempted to focus only on their competitive activities related to operations in Europe. However, with the publication on 23 October 2012 of UAE Federal Law No. Trademarks.

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Intellectual Property Law Business Designs 52

Traverse Legal Blog

OCTOBER 20, 2022

Whether you are looking to make your own non fungible token to sell or you’re looking to buy an NFT as an investment, you need to be aware of copyright and trademark laws that might apply to your NFT. Trademark rights can be even more confusing to navigate in the world of NFTs. Copyrighting vs Trademarking NFTs.

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The IP Law Blog

JULY 28, 2022

Patent and Trademark Office announced that the PTO would be revisiting the test for patent subject matter eligibility. A patent protects an invention. Things that are not patentable (by judicial exceptions) include laws of nature, natural phenomena, and abstract ideas. Alice Corp.

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SpicyIP

MAY 17, 2023

India, which has featured in this list multiple times in the past, (as highlighted on the blog by different authors over the years) finds its position in the list yet again, for remaining as “one of the world’s most challenging major economies with respect to protection and enforcement of IP”. 56, para 3).

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Patently-O

FEBRUARY 26, 2023

Lior Shaltiel: United States Patent Office Allows Patent to Exosome Biomedical Company NurExone (Source: Yahoo Finance) Blake Brittain: Apple, Google Ask Appeals Court for Another Chance to Nix Patent Rule (Source: Reuters) John Koetsier: Samsung Beats IBM, Apple, Intel, Google For 2022 Patent Crown; 56% Of U.S.

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IP and Legal Filings

OCTOBER 30, 2022

The Philippines has laws and policies that generally support a conducive intellectual property (IP) environment, but enforcement is irregular and inconsistent. First, it is important to have an overall strategy to protect IP. Second, IP may be protected differently in the Philippines than in the United States. For example, U.S.

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The IP Law Blog

JANUARY 12, 2023

This applies to companies that have never taken serious steps to protect intellectual property and companies that understand the value of intellectual property and take active steps to secure and protect those assets. . As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets.

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IP Tech Blog

FEBRUARY 15, 2023

There are, however, several challenges related to obtaining IP protection for algorithms in China. Lack of IP protection may expose the development to theft, infringement and misuse by Chinese competitors and it may result in huge economic losses for the developers. licensing, assignment, JVs, cooperation and co-development etc.)

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Velocity of Content

JULY 26, 2022

As readers of Velocity of Content know, the US has had a copyright statute on the books since 1790, following closely on the heels of the (then) freshly minted copyright and patent clause in the Constitution. But trademarks are not mentioned in that foundational document.

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Patent Trademark Blog

MAY 26, 2021

What is the meaning of broken or dashed lines in a design patent? While I’m not sure if you can call it a loophole, US design patents enable a particular option in the drawings that can potentially broaden protection. In a US design patent, the claimed design comprises what is drawn in solid lines.

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IP and Legal Filings

MARCH 13, 2023

Introduction The Controller General Of Patents Designs & Trade Marks is chief official responsible for facilitating the patent system in India. In light of these facts, the Hon’ble judge made the following observations: There is no ambiguity in the wordings of Section 36E of the trademark act, 1999.

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LexBlog IP

NOVEMBER 8, 2022

Supreme Court recently granted certiorari for two intellectual property cases—one relating to patents and another for trademarks. Patent Case. Relevant to patent law, the Supreme Court granted certiorari to decide the issue of enablement for patents with so-called “genus claims.”

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LexBlog IP

JANUARY 6, 2023

Harness IP partner Joels Samuels is featured in a Bloomberg Law article outlining 2023’s most anticipated intellectual property (IP) court cases, legal trends, and United States Patent and Trademark Office (USPTO) rule changes. Bloomberg Law’s look-ahead was published December 30 and can be found here.

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IPilogue

MAY 2, 2022

Candidate at Osgoode Hall Law School. As Andrew Masson recently discussed , Russia is now responding to sanctions by removing the protection of IP rights in its territory for owners from “unfriendly” countries. Suspension of Association with Russian Patent Offices. Photo by Tina Hartung ( Unsplash ).

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LexBlog IP

JANUARY 31, 2023

This article looks at laws of jurisdictions in Southeast Asia, comparing the status of enforcement and protection of software and CII in various Southeast Asia countries. Desmond Tan is a patent attorney registered to practice in Singapore and has a background in engineering. or by telephone at +65 6956 9943.

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IP Intelligence

MARCH 16, 2022

1] Lost in the destruction and devastation inflicted on Ukraine and her people, is Russia’s effective nationalization of patents in Russia with owners in foreign countries that Russia deems to be unfriendly. In that iteration, the patent holder was to be notified of the “taking” and offered proper compensation.

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Patently-O

FEBRUARY 3, 2023

Hetronic (Extraterritorial application of US Trademark Law — damages from foreign sales). DeJoy (Should Title VII of the Civil Rights Act be given more teeth to protect religious liberty in the employment context). Although not a patent case, this issue comes up all the time in patent litigation).

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LexBlog IP

APRIL 17, 2023

statutes in other circuits, it held that the Lanham Act could be applied to foreign defendants’ foreign sales and upheld, in part, the district court’s decision. Abitron explained that since the Lanham Act does not state that it applies in foreign countries, federal courts have been inconsistent in applying the statute.

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Trademark Intellectual Property Law Intellectual Property Law 52

The IPKat

FEBRUARY 21, 2022

As many of our readers know one of the most recurrent tax-related topics that come into discussion in the IP field is the so-called Patent Box (sometimes also - more properly - defined as the Innovation Box since it is not all about patents ). Most of the discussion over the year has been on what kind of IP assets could be protected.

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Designs Design Patent IP 70

Patently-O

JUNE 20, 2023

government focused on protecting domestic industry against undue foreign competition. The ITC’s power extends in to several areas, but primarily by enforcing the laws of (1) intellectual property rights; (2) anti-dumping; and (3) countervailing duties. The International Trade Commission (ITC) is a branch of the U.S.

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IPilogue

JANUARY 27, 2023

Mona Karimi is a 3L JD Candidate at Osgoode Hall Law School. I had the pleasure of working with the Copyright and Trademark Policy Directorate Marketplace Framework Policy Branch. Unfortunately, much of law school is an isolated experience; but in practice, the law is extremely collaborative.

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LexBlog IP

JULY 15, 2021

CLS Bank Int’l , which involve the limits on patent eligibility under 35 U.S.C. § For example, in Alice, the court stated “[t]he ‘abstract ideas’ category embodies the longstanding rule that an idea of itself is not patentable.” § 101. §101. .”

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Law Invention Patent Intellectual Property 52

LexBlog IP

AUGUST 16, 2023

Essential Benefits of Trademark Registration – Part 5 This is the fifth in a series of posts about the benefits of having your trademark registered. Federal trademark registration provides a foothold in international markets by making it easier to obtain registration in many other countries.

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IP Tech Blog

AUGUST 22, 2022

Fashion brands, for example, are filing trademark applications in the US, Japan and the EU to secure protection for the use of their brands on digital projections of their apparel, shoes and accessories that are transacted in the Metaverse. Are they protectable by design patents? Other countries are lagging behind.

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LexBlog IP

JANUARY 18, 2024

Companies rely on intellectual property (“IP”) rights to protect their valuable information, creations, and branding. IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. A patent protects an invention. As the U.S. Copyright Office.

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Confidentiality Invention Business Artistic Work 52

Patent Trademark Blog

NOVEMBER 8, 2023

Can you speed up a China trademark application? Starting in 2022, you can now seek a faster registration of your trademark in China. The Chinese trademark office, known as the China National Intellectual Property Administration (CNIPA) , will now accept requests for expedited trademark examination.

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Patently-O

MAY 8, 2024

May 8, 2024) The ITC is designed as a protector of United States domestic industry against unfair competition in the form of foreign imports. In the patent sphere, the ITC is authorized to bar importation of infringing products that threaten a domestic industry. Of course, this assumes that such a domestic industry exists.

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Kashishipr

JUNE 3, 2021

For purposes of the US tax law, IP can take many forms. As embodied in the Internal Revenue Code, IRS regulations, and case laws, IP includes patents, trademarks, copyright, trade secrets, know-how, and computer software. Therefore, an understanding of how IP assets are taxed is crucial. The United States of America.

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