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TRIPS Council Debates: Tobacco Packaging, Non-Violation Disputes, Innovation, Health...
This week's meeting of the World Trade Organization body governing intellectual property issues addressed a long agenda, reflecting continued divergence on regular items, such as complaints that do not involve breach of a WTO agreement, a health waiver, and sustained discussions...
President and Fellows of Harvard College v. Lee (Fed. Cir. 2014)
By Kevin E. Noonan -- One of the most iconic inventions of the biotechnology era is the "Harvard Oncomouse" invented by Philip Leder and Timothy Stewart in the early 1980's. One of the first transgenic mice transformed with DNA encoding something other than a mammalian virus, these...
The 90s and Now: FBI and its Inability to Cope with Encryption
Recently, FBI Director James B. Comey, along with several government officials, have issued many public statements regarding their inability to catch criminals due to Apple and Google offering default encryption to their consumers. We at EFF have been around long enough to see these nearly...
How you can rent your own orphan, and why there are 91 million of them
When it comes to media releases this Kat is a sitting target, which may account for the reason why he received the following missive not once but four times over: UK OPENS ACCESS TO 91 MILLION ORPHAN WORKS The IPO, based in Wales, estimates the number of orphan works in...
U.S. Patent No. 7,657,477: Gaming system providing simulated securities trading
U.S. Patent No. 7,657,477: Gaming system providing simulated securities trading Issued February 2, 2010, to SummaLP Applications, Inc. Summary: The ‘477 patent may be interesting to anyone who took a business course in college. The invention describes a game where the user...
IP: the "no-patents round-up for non-techie people" Session 4
The final session of today's experimental conference, IP: the "no-patents round-up for non-techie people", starred Edward Smith, an accredited mediator as well as being a Hearing Officer with the UK Intellectual Property Office (IPO). Edward spoke on the IPO's mediation service, reminding us that...
The New U.K. Online Gambling Law: Cyberlaw 3.0 – or a Return to Cyberlaw 2.0? (Guest Blog Post)
Photo credit: “ United Kingdom High Resolution Casino Concept ” // ShutterStock By guest blogger Marketa Trimble The new amendments to the U.K. gambling law in the Gambling (Licensing and Advertising) Act 2014 will take effect on November 1, 2014, following a U.K. judge’s...
IP: the "no-patents round-up for non-techie people" Session 2
Following morning coffee, deep in the bowels of the Grange Fitzrovia Hotel, Christopher Sharp (Herbert Smith Freehills) took up cudgels on behalf of the neglected, unloved subject of database right under the Database Directive . After a brief introduction to that right's conception and birth, he...
IP: the "no-patents round-up for non-techie people" Session 1
IP: the "no-patents round-up for non-techie people" -- today's conference organised by CLT and hosted in London's Grange Fitzrovia Hotel -- was opened by James Tumbridge (Pillsbury), speaking on trade mark and trade dress protection.  James reviewed some of the snags...
Examination of Myriad-Mayo Guidance Comments -- University Community Joint Comment
By Donald Zuhn -- On March 4, the U.S. Patent and Trademark Office issued a guidance memorandum, entitled "Guidance For Determining Subject Matter Eligibility Of Claims Reciting Or Involving Laws of Nature, Natural Phenomena, & Natural Products" (or "Myriad-Mayo...
EFF Calls for the Release of Vietnamese Blogger Dang Xuan Dieu
EFF has criticized Vietnam's crackdown on independent media and bloggers for years, including the imprisonment of Le Quoc Quan and attempts to spy on bloggers and journalists using malware . We are heartened to learn of last week's release of Vietnamese blogger Dieu Cay...
FindTheBest Wins Again: Patent Troll Hit With Double Fee Award
Lumen View is a typical patent troll. Armed with a vague patent on “facilitating bilateral and multilateral decision-making,” it sent out aggressive letters demanding payment. It refused to explain how its targets actually infringed its patent. Instead, it made shakedown offers it...
CEA Marketing Group Wants You To Tell the Senate to Stop Patent Trolls
A marketing company is currently helping CEA and a coalition of other companies (and legislators!) in a project to raise awareness to fight “patent troll” issues and to petition the senate for Patent Legislation Reform. According to the site, their message is: Sign our petition now and tell the...
Draft Revision To Provide Higher Protection To GIs Fine-Tuned At WIPO
The contracting parties of the agreement protecting appellations of origin at the World Intellectual Property Organization are meeting this week to fine-tune a draft revision of this agreement to include geographical indications. The end of the week is scheduled to be...
Tuesday tiddlywinks
Forthcoming events . Here's our usual reminder to check out the IPKat's Forthcoming Events page for all sorts of conferences, seminars, lectures and the like.  One such event, coming up tomorrow, is the "Intellectual Property: the 'no patents' round-up for non-techie people...
Android ID Isn’t Personally Identifiable Information Under the Video Privacy Protection Act
Shutterstock / SoulCurry – I love My Privacy This is another Video Privacy Protection Act lawsuit. The Cartoon Network has an app on the Android platform. Plaintiff (not a minor) downloaded the app. He complains that The Cartoon Network’s disclosure of his viewing history to a third party...
That BestWater order: it's up to the rightholders to monitor online use of their works
Last week this blog  reported  that the Court of Justice of the European Union (CJEU) had already issued its  decision  in Case C-348/13  BestWater , and had done so on 21 October last. Shortly after breaking this (non-)news, this Kat was informed that...
"A talented kitten called Kate ...": results of the limerick competition
So much talent, so little cat ... The competition.  On Sunday 19 October the IPKat launched a snap competition to compose a limerick that (i) begins with the line "A talented kitten called Kate" and (ii) is on the theme of intellectual property protection other than via the patent...
Never too late: if you missed the IPKat last week ...
Here's the seventeenth successive and, we believe, successful round-up of last week's substantive blog posts for the benefit of readers who missed last week's activity.  The compiler, as ever, is the suave and sophisticated Alberto Bellan, to whom we are all indebted...
Court Report
By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. AstraZeneca Pharmaceuticals LP et al. v. Pharmadax USA, Inc. et al. 8:14-cv-01710; filed October 23, 2014 in the Central District of California • Plaintiffs: AstraZeneca...
"Put up your Dukes!" A spot of sparring in the States
Here's another guest post from Katfriend Shalini Bengani on another of those actions which, in this Kat's opinion, should never see the light of day in court since, in practical and commercial terms, they seem to make no sense at all.  It sees two Dukes in action, one being a famous...
Open Access Isn't Just About Open Access
This  Open Access Week , we are celebrating and advocating for unfettered access to the results of research, a movement that has shown considerable progress over the last few decades.  Let's all take a step back, though. Much of the open access movement is forward thinking...
40% Percent Reduction Domestically Until 2030
The decision to reduce CO2 emissions in the EU by 40% until 2030  comes with a nice qualification: The European Council endorsed a binding EU target of an at least 40% domestic reduction in greenhouse gas emissions by 2030 compared to 1990. “Domestic reduction.” As EU Climate...
Court Rejects Argument That ECPA Does not Apply to Spousal Interception of Email–LaRocca v...
Eloisa LaRocca alleged that her former husband installed spyware on her computer and intercepted emails she sent. The ex-husband moved for summary judgment on the basis that ECPA did not apply to spousal interceptions of electronic communications. The ex-husband also...
WHO Ebola Vaccine Meeting Draws Commitment From Pharma, Donors; MSF Sees Need For...
A high-level meeting convened by the World Health Organization yesterday on the issue of access to and financing of Ebola vaccines resulted in a set of commitments, though not with sufficient urgency for those working on the ground. The pharmaceutical industry...
(NON-)BREAKING NEWS (and a mystery): video framing not copyright infringement
What's the mystery behind BestWater ? There are two forthcoming decisions of the Court of Justice of the European Union (CJEU) that this Kat has been keenly awaiting following the ambiguities cast by the decision earlier this year in   Svensson   [ here  ...
New To Copyright: Canada’s Idea For Political Advertising Exception
The Canadian Conservative government is considering a new copyright exception for political advertising that would be unique in the world and address an issue already covered by Canada's constitutional rights, copyright experts said.
News from the EPO - Strike Ballot comes out in favour of a strike
Merpel has been sunning herself again in the corridors of the EPO.  Readers may recall that just a few months ago the President of the European Patent Office refused a call for a ballot for a strike.  Well, there has been another call for a ballot, and this time the ballot was...
Examination of Myriad-Mayo Guidance Comments -- BIO Joint Comment
By Donald Zuhn -- On March 4, the U.S. Patent and Trademark Office issued a guidance memorandum, entitled "Guidance For Determining Subject Matter Eligibility Of Claims Reciting Or Involving Laws of Nature, Natural Phenomena, & Natural Products" (or "Myriad-Mayo...
Snowden's Motivation: What the Internet Was Like Before It Was Being Watched, and How We Can...
Laura Poitras’ riveting new documentary about mass surveillance gives an intimate look into the motivations that guided Edward Snowden, who sacrificed his career and risked his freedom to expose mass surveillance by the NSA. CITIZENFOUR , which debuts on Friday, has many...
Automated Mass Surveillance is Unconstitutional, EFF Explains in Jewel v. NSA
Today EFF filed our latest brief in Jewel v. NSA , our longstanding case on behalf of AT&T customers aimed at ending the NSA’s dragnet surveillance of millions of ordinary Americans’ communications. The brief specifically argues that the Fourth Amendment is violated when the...
These Shoes are Made for Freely Walking: Copyright Protection & Free Movement of Goods
With this post we are staying with on the topic of shoes and copyright, already discussed here and here , but this recent case from the commercial division of the French Cour de Cassation also raised some European Union (EU) and Berne Convention issues. The Case is...
Arnold J orders biggest website blocking to date
Fabio pictured while wondering about the implementation costs of the blocking order just issued against him Following last week's judgment in Cartier v BSkyB [ here , a case concerning  the possibility of requiring internet service providers (ISPs) to block, or at least impede...
Artjunkie snatched from the jaws of villainy, but no happy ending
It's unusual for the IPKat to feel disappointed when the party in the right emerges from court as the victor, but here's a case in point:  Alison J. Hendrick v Tony Knight ( O-323-14 ), a decision of Appointed Person Geoffrey Hobbs QC back in 17 July on appeal from the UK Trade Mark...
Free Music in a Capitalist Society
In a keynote speech that ranges from his early utopian community days with the Stooges to BitTorrent and Kim Dotcom , Iggy Pop shows he is still as with it and still as relevant as ever. Pop talks about the music business, then and now, and how he has come to understand and be...
Life Sciences Stakeholders Assess Accessing Emerging Markets
PARIS –Life sciences stakeholders at a recent conference explored matters associated with market access in the BRICS (Brazil, Russia, India, China, South Africa) and in the Middle East and North Africa regions.
Students Re-Launch Open Access Button App to Find Free Access to Scientific and Scholarly...
Millions of people use research everyday. From students, medical professionals, to curious hobbyists, we all benefit from being able to access, read, and cite reliable, tested information. But getting the research we need can be hard and costly when it's locked up behind expensive...
International Copyright Policy Laundering and the Ongoing War on Access to Knowledge
How is it possible that someone could face years in prison for sharing an academic paper online? How did we arrive at such extreme criminal punishments for accessing knowledge and information? Well, this has been long in the making. We got here because Big Content interests have...
Little-Known Case May Dramatically Change US Patent System
The patent case recently argued before the US Supreme Court is relatively unknown, and for good reason. It involves no exciting new technology. It has no controversial patent claims (e.g., covering human genes). However, Teva Pharms. USA v. Sandoz, Inc. could produce major...
UPOV Meetings Conclude With New Observers; Tanzania Can Become UPOV Member
The international body protecting new varieties of plants concluded a week-long set of meetings with a number of decisions, among which was the re-appointment of its secretary general, and the addition of an international organisation and a farmers' organisation as observers...
Wednesday whimsies
"Thank you" 1 .  In a world which is as full of anger, resentment and selfishly bad manners as the one in which we sometimes seem to be living, it never hurts to express a little gratitude from time to time.  It is in a spirit of genuine appreciation that the IPKat, Merpel and all the...
EPO Relaxes Unity Procedural Rules - how it works in practice
Sometimes, topical and important IP developments do not lend themselves to levity or cat-based metaphors.  The relaxing of the procedural rules of the European Patent Office, in the case that the claims of an International application under the Patent Cooperation Treaty are...
AntiCancer, Inc. v. Pfizer, Inc. (Fed. Cir. 2014)
By Andrew Williams -- Anyone that has been monitoring the outcome of district court cases recently will be aware of the perils of not including sufficient information, or not timely supplementing, preliminary infringement or invalidity contentions required by many local patent rules. The...
WTO Director General Presents TRIPS As Major Tool For Trade Growth
World Trade Organization Director General Roberto Azevêdo this week hailed WTO’s intellectual property agreement, saying the past two decades show it provides a balanced multilateral foundation for the growth of trade in knowledge-rich products and services.
Open Letter from Diego Gomez: "Access to Knowledge Is a Global Right"
The progress of knowledge is fueled by people who dedicate their lives to a field—to read, examine, and absorb everything they can out of passionate intellectual curiosity. Diego Gomez is one of these individuals, and is dedicated to the conservation of reptiles and amphibians...
Review of “Digital Depression: Information Technology And Economic Crisis”
Information and communication technologies (ICTs), and in particular the internet, have revolutionized and disrupted all aspects of human activity, and even behaviour. This has resulted in many academic publications and much discussion, including in intergovernmental bodies...
Obviousness, common general knowledge and expectations of success: Leo gets a mauling
Obviousness and common general knowledge are features of patent law that are of very limited application, if any at all, in most other areas of intellectual property.  For this reason it all too often happens that Katposts on these issues are skipped by readers who consider patent law...
The Troubling Arguments from the Government in Smith v. Obama
We’ve filed our reply brief in the appeal of Smith v. Obama , our case challenging the NSA’s mass telephone records collection on behalf of Idaho nurse Anna Smith. The case will be argued before the Ninth Circuit Court of Appeal on December 8, 2014 in Seattle, and the public is welcome...
Online enforcement "has a colour and a name": blocking injunctions - A closer look at the...
Typical moment outside the Rolls Building last Friday As Jeremy announced with a breaking news post , last Friday Arnold J issued his 266-paragraph judgment in Cartier and Others v BskyB and Others , a case concerning the possibility of requiring internet service providers (ISPs) to...
Free as in Open Access and Wikipedia
This is a guest post by Yana Welinder, Legal Counsel at the Wikimedia Foundation and Non-Residential Fellow at Stanford CIS . If you have comments on this post, you can contact her on Twitter or her Wikimedia talk page . Wikipedia and the other Wikimedia sites are closely...
"Almost identical, just with different names": shopping at Aldi
"My first time at Aldi... Should we all be shopping there?" is an article by Felicity Hannah, posted on Yahoo!'s UK & Ireland Finance page with the byline "Our money saving columnist takes her first trip to a discounter to see what all the fuss is about".  The text in red, in the extract...
Three Spooky Ways You're Being Spied on This Halloween
It’s that time of year when people don sinister masks, spray themselves with fake blood, and generally go all out for a good fright. But here at EFF, we think there are plenty of real-world ghouls to last all year-round. Fortunately, we won’t let them hide under your bed. Sometimes our work...
Hertz Faces Negligence Suit For Employee’s Facebook Bashing of a Customer–Howard v. Hertz
Maurice Howard is a Hertz customer who alleged that a Hertz employee (Shawn Akina) posted the following comment about Howard on Facebook: I seen Maurice’s bougie ass walking kahului beach road . . . n*** please! A number of Akina’s Facebook friends, all Hertz employees...
The 7 Privacy Tools Essential to Making Snowden Documentary CITIZENFOUR
What needs to be in your tool belt if you plan to report on a massively funded and ultra-secret organization like the NSA? In the credits of her newly released CITIZENFOUR, director Laura Poitras gives thanks to a list of important security resources that are all free software. We've...
Open Access Week 2014 Wrap Up: Posts, Pictures, and Parties
EFF proudly participated in the eighth annual Open Access Week last week, a celebration of making scholarly research immediately and freely available for people around the world to read, cite, and re-use. We published multiple blog posts each day, including a post from our...
IP: the "no-patents round-up for non-techie people" Session 3
First to speak after lunch was former guest Kat Darren Meale , on the wonderful world of designs. Designs are usually easy and cheap to register when compared with trade marks, he reminded us, and you don't lose them through non-use.  Better still, if you have an...
European Commission Holds Consultation On Patents And Standards
The European Commission Directorate General for Enterprise and Industry is gathering stakeholder input on standardisation and intellectual property rights, in order to assess the current framework on patents and standard and look at how it should evolve. Standard-setting cuts across...
UK Opens Access To 91 Million Orphan Works, UKIPO Says
The United Kingdom today launched a new licensing scheme aimed at opening access to more than 91 million creative works whose owners or copyright holders are not known or not found. The UKIPO (Department for Business, Innovation & Skills) press release follows: “A new...
First Innovation Fair Hosted At WTO, Draws Diverse Projects With IP In Mind
The World Trade Organization hosted an Innovation Fair on 28 October, gathering inventors, supporting agencies, and patent offices. A number of inventions were displayed and explained, from concrete walls to motorisation for bicycles.
France to Modify its Intellectual Property Code
French Minister of Culture Fleur Pellerin has presented a bill which would implement Directive 2011/77/EU amending Directive 2006/116/EC on the term of protection of copyright and certain related rights, and Directive 2012/28/EU on certain permitted uses of orphan works. Extending Length...
Everything You Need to Know About Doing a Kickstarter
That is, doing a successful Kickstarter if you're a slightly quirky not-at-all-mainstream artist that has something of a fan base. Under the title "One Weird Trick..." the musical duo called The Doubleclicks gives you all their secrets and advice . The one weird trick turns out to be "have an...
US Trade Representative Claims TPP Talks Are Progressing—But Are They Really?
Trade delegates and ministers held another week of secret, back-room meetings over the Trans-Pacific Partnership (TPP) agreement in Australia, which ended yesterday with seemingly little advancement towards a final deal. The most recent leak of the TPP Intellectual Property...
Food Flavor Can’t Be Trademarked (Even If The Baked Ziti Is Delicious)–NY Pizzeria v. Syal...
You may remember the advertising campaign for Coke Zero from almost a decade ago. The gag is that Coke Zero allegedly tasted so much like “real” Coke that one division of Coca-Cola threatened to sue another division for “taste infringement.” If you don’t recall the Coke Zero...
Knives, nails and nippers: forging ahead with the Laguiole mark
Here's a guest post by our good friend  Valentina Torelli   on a very important General Court ruling on a Community trade mark issue which should appeal particularly to lawyers, as will be explained.  The ruling, available on the Curia website, is available in no...
PTAB Update -- Is "Broadest Reasonable Interpretation" the Appropriate Standard?
By Andrew Williams -- One of the more controversial rules concerning PTAB trials promulgated by the USPTO in the wake of the America Invents Act was the adoption of the "broadest reasonable interpretation" ("BRI") claim construction standard for proceedings before the Board. It...
Which Service Providers Side With Users in IP Disputes?
Wordpress, NameCheap Receive Five Stars in New EFF Scorecard San Francisco - The Electronic Frontier Foundation (EFF) today released a new report and scorecard that shows what online service providers are doing to protect users from baseless copyright and...
EFF and ACLU of Tennessee Team Up to Challenge Unconstitutional School District Policy
School districts across the country are grappling with how to deal with their students’ use of technology and social media. All too often, in an attempt to protect students, they end up implementing technology polices that give administrators too much power and go too far in restricting what students...
Is Patent Valuation a Leading Indicator of Trolls' Demise?
This is kind of an esoteric idea so let me see if I can unpack it a bit: patents are bought and sold, as well as licensed. Sometimes the patent buyers are people who think they can use the patents to make money not by producing product but by suing others who do produce...
Peekaboo, I See You: Government Authority Intended for Terrorism is Used for Other Purposes
The Patriot Act continues to wreak its havoc on civil liberties. Section 213 was included in the Patriot Act over the protests of privacy advocates and granted law enforcement the power to conduct a search while delaying notice to the suspect of the search. Known as a “sneak and peek”...
Conference & CLE Calendar
October 23, 2014 - "Making Sense of New Patent Litigation Alternatives" (ShareVault) - 11:00 am to 12:00 pm (Pacific Daylight Time) October 29, 2014 - "Demonstrating Patent Eligibility Post-Alice Corp. Decision -- Navigating the Nuances and Leveraging Guidance From Federal Circuit...
European Council Climate Decision Powers
Green Member of the European Parliament Claude Turmes says last week’s conclusions of the European Council amount to a “coup”, taking over powers from the Parliament. He is worried about this passage in the first paragraph of the conclusions: The European Council will keep all the...
Happy to Deliver To You This Trade Mark Infringement in Pizza Flavor Case
New Yorkers love their pizzas and have definitive opinion about them, including the way to eat them. Newly elected New York City Mayor Bill de Blasio even created a controversy when seen shortly after his election eating a pizza with a knife and fork, instead of using the New York...
Two Reports About FBI's Use of National Security Letters Reissued
Even the reports that are supposed to provide transparency about the FBI's use of national security lettters (NSLs) are secret—or at least a couple dozen pages of them are. NSLs are nonjudicial orders that allow the FBI to obtain information from companies, without a warrant, about their customers’...
Cops Need to Obey Facebook’s Rules
Facebook scolded the Drug Enforcement Administration this week after learning that a narcotics agent had impersonated a user named Sondra Arquiett on the social network in order to communicate and gather intelligence on suspects. In a strongly worded letter to DEA head Michele...
Friday fantasies
The Blue-Spotted Australian Mist Francis Gurry Lecture 2014 . "IP in transition: desperately seeking the Big Picture” is the title of this year's Francis Gurry Lecture, which is to be delivered, hot and spicy, by IPKat blogmeister Jeremy.  The lecture will be delivered in Melbourne (12...
What is Intellectual Property? A Student Guide and Definition.
Innovate Product Design has created this infographic on “What is Intellectual Property? A Student Guide and Definition.” The infographic is intended to help people and students understand the importance of intellectual property and why it is also important for designers to protect their...
WIPO Launches Guide On Use Of IP For Arts And Cultural Festivals
The World Intellectual Property Organization announced the publication of a practical guide on how best to use intellectual property for organisers of arts and cultural festivals.
Amazon.com: in the beginning, there was Mudie ...
Amazon.com—if you are a book reader, you probably worship the day that the company began to enable you to order books online; if you are/were a bookstore, probably less so. If you are/were a book publisher, you probably enjoy the distribution power of Amazon.com, but you rue its...
GPhA Issues Statement Regarding Proposed IP Provisions of Trans-Pacific Partnership Agreement
By Kevin E. Noonan -- The Generic Pharmaceutical Association (GPhA) issued a statement today regarding ongoing talks between major Pacific Rim countries (including the U.S.) related to the proposed Trans-Pacific Partnership Agreement. This trade agreement, whose...
Where Copyright Fails, Open Licenses Help Creators Build Towards a Future of Free Culture
One of the convictions that drew law professor and former EFF board member, Lawrence Lessig, to co-found Creative Commons was that a narrow and rigid application of copyright law made no sense in the digital age. Copying digital information over long distances and at virtually no...
USPTO Director-Nominee Lee Calls For ‘Responsible Stewardship’ Of Patent System
In perhaps her first big speech since being nominated by President Obama to head the United States Patent and Trademark Office (USPTO), Michelle Lee today told an industry meeting today to use the patent system responsibly and with balance. The agency is embarking...
Research Is Just the Beginning: A Free People Must Have Open Access to the Law
The open access movement has historically focused on access to scholarly research, and understandably so. The knowledge commons should be shared with and used by the public, especially when the public helped create it. But that commons includes more than academic research...
EFF Relaunches Surveillance Self-Defense
We’re thrilled to announce the relaunch of Surveillance Self-Defense (SSD), our guide to defending yourself and your friends from digital surveillance by using encryption tools and developing appropriate privacy and security practices. The site launches today in English, Arabic, and...
Protect Yourself from Electronic Spying with 'Surveillance Self-Defense'
EFF Releases Updated Guide to Privacy and Security for Internet Users Worldwide San Francisco - The Electronic Frontier Foundation (EFF) launched its updated "Surveillance Self-Defense" report today, a comprehensive how-to guide to protecting yourself from electronic spying...
The Indian Copyright (Amendment) Act, 2012 And Its Functioning So Far
It’s been a little over two years since the Copyright Act, 1957 was extensively amended in 2012 with far-reaching ramifications for all categories of stakeholders. The amendments purported to introduce a level playing field for different categories of right holders in the entertainment...
Third Quarter Venture Funding Declines 27% from Second Quarter
By Donald Zuhn -- Last week, the National Venture Capital Association (NVCA), a trade association representing the U.S. venture capital industry, released the results of its MoneyTree Report on venture funding for the third quarter of 2014. The report, which is prepared by the NVCA and...
This Week’s Vote Will Show Who Finnish MPs Listen To On Copyright, EFFi Says
On 24 October, the Finnish Parliament is expected to vote on the Citizens' Initiative for Common Sense for Copyright Act, which aims to make Finnish copyright law more user-oriented. But with a proposal to gut the Act, a counter-proposal to save it, and unprecedented lobbying...
Congress Is Considering A New Federal Trade Secret Law. Why? (Forbes Cross-Post)
[Two brief introductory notes: (1) the trade secret bills have been dormant in Congress pending the November elections, but don't rule out the possibility of them roaring back immediately thereafter, and (2) I have uploaded an expanded version of this post , with extensive citations, to...
TRIPS Council Next Week: Tobacco, Innovation, Non-Violations, Public Health Review
The next meeting of the World Trade Organization Council on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is scheduled to take place on 28-29 October. In addition to the regular agenda items of the Council, two additional agenda items have been submitted by...
BGH decision "Yellow dictionary" colour trade mark dispute
The German Federal Court of Justice (Bundesgerichtshof, short: BGH) has now published the full grounds (in German) of its recent decision in the "yellow dictionary" trade mark dispute between German publishing house Langenscheidt and RosettaStone...
Patentability: a perpetual problem
First law of thermodynamics strikes again. Peter Crowley v United Kingdom Intellectual Property Office  (unreported, but noted on the Lawtel subscription-only service) is one of those cases that should never be allowed to happen. It's an extempore Patent...
Obvious After the Fact
A petition for rehearing en banc at the CAFC for a drug obviousness case ( Bristol-Myers Squibb v. Teva - CAFC 2013-1306 ) was denied. What was remarkable was the inane confusion at the court. Judges Dyk and Wallach stated that "post-invention evidence" is rightly not allowed...
EFF, Internet Archive, and reddit Oppose New York’s BitLicense Proposal
Privacy, Economic and Free Speech Flaws in Proposed Bitcoin Regulatory Scheme San Francisco - The Electronic Frontier Foundation (EFF), along with reddit and the Internet Archive, today filed formal comments with the New York State Department of Financial Services opposing the...
Event: Patentable Subject Matter After Alice v. CLS Bank: How Courts and the USPTO Are Reacting
The Palo Alto Area Bar Association (PAABA) and the International Technology Law Association (ITechLaw) are teaming up to provide a luncheon panel discussion on the practical implications of the Alice v. CLS Bank decision. In her dissent to the Federal Circuit Alice decision, Judge...
Ebola Vaccine Candidates Centre Of Attention; Clinical Trials, IP Negotiations Start
Today, the World Health Organization gave a press briefing to update journalists on what to expect in the near future on Ebola treatments and vaccines.
Tripp Trapp and the Third Dimension: a study in trade mark registrability
It's catch-up time again as the impossible quest to keep abreast of all the major IP rulings continues and this Kat gets the feeling that he is not so much making progress as merely chasing his tail.   Case C‑205/13   Hauck GmbH & Co. KG v Stokke A/S, Stokke...
The Indefiniteness of What is "Routine, Well-understood and Conventional" in Assessing...
By Kevin E. Noonan -- Castigating the Supreme Court, at least in patent circles, has become as prevalent as the Court's forays into patent law have been to overrule the Federal Circuit. While even those who give the Court the benefit of the doubt and appreciate the parsimony with...
Monday miscellany
It is with sadness that the IPKat records the death of Peter Low. Peter, a European and UK patent attorney with Wilson, Gunn M'Caw till his retirement in 1997, has the unenviable record of having given tutorials for the UK patent attorney qualifying examinations for over twenty years, as well has...
EFF Launches Updated Know Your Rights Guide
In the U.S., if the police come knocking at your door, the Constitution offers you some protection. But the Constitution is just a piece of paper— if you don’t know how to assert your rights. And even if you do assert your rights…what happens next? That answer may seem complicated, but...
Art & Law in Chicago
Our friends at the John Marshall Law School in Chicago sent me an announcement for their 6th Annual Symposium that is taking place in a couple weeks. The theme this time is "Art Meets Law: The Intersection of Art and Intellectual Property" and features filmmaker and political critic...
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