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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...
USTR’s Investigations On IP Rights Against India: Is There A Tenable Case?
On 14 October, the US Trade Representative (USTR) began the out-of-cycle review (OCR) of India’s intellectual property (IP) laws, the mandate which it gave itself in the 2014 Special 301 Report. Like several years in the past, the USTR once again included India in the Priority Watch...
Court Report
By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Tris Pharma Inc. v. Actavis Laboratories FL Inc. et al. 1:14-cv-01309; filed October 15, 2014 in the District Court of Delaware • Plaintiff: Tris Pharma Inc. • Defendants:...
After patent litigation, is trade mark litigation the next big topic?
Patent: a big, shiny obsession with IP litigators So many major conferences, seminars, lectures and other events have recently been organised in the field of patent litigation that one might be tempted to think that it is the only species of IP that ever gets litigate.  Understandably there...
Galileo sees stars as ESA logo marches on
Galileo back in court .  The original Galileo Galilei was no stranger to dispute, and it seems that one of the many businesses that has borrowed his name has been following in his footsteps -- with nothing much to show for it in the courts of Europe [you can get a feel for Galileo's...
The UPC and Investor – State Arbitration
Henning Grosse Ruse-Khan What are the international investment law implications of the Unified Patent Court (UPC)?  No, (thankfully) this is not an exam question for undergraduates taking the IP course (although you never know…), but rather the issue that Katfriend Henning...
Compare and Contrast Approaches to the DMCA
Mike Masnick at Techdirt published two stories this past week that give an interesting comparison in approaches to handling DMCA takedown notices. First, Google came out with its "how we fighr piracy" report. As Masnick notes, there's not much new in here. He frames it as Google...
Feeling a bit artistic? Here's a contest for you
Charles has already started creating: what are YOU waiting for? Today the IPKat is delighted to host a guest contest organised by Kafriend   Sophie Stalla-Bourdillon  (University of Southampton), who is looking for a logo for the new interdisciplinary Centre for Law, Internet and...
MBHB Webinar on PTAB Invalidity Proceedings
McDonnell Boehnen Hulbert & Berghoff LLP will be offering a live webinar entitled "PTAB Invalidity Proceedings -- Lessons Learned in the First Two Years" on November 20, 2014 from 10:00 am to 11:15 am (CT). MBHB attorneys Alison Baldwin and Rory Shea will look at the rise of...
EFF Response to FBI Director Comey's Speech on Encryption
FBI Director James Comey gave a speech yesterday reiterating the FBI's nearly twenty-year-old talking points about why it wants to reduce the security in your devices, rather than help you increase it. Here's EFF's response: The FBI should not be in the business of trying to convince...
New ODNI Report Doesn’t Address Mass Surveillance, Provides "Flexibility" to Skirt...
Earlier today, the Office of the Director of National Intelligence (ODNI) released an optimistically titled report Safeguarding the Personal Information of all People. This is basically a status update from ODNI on how they are doing in implementing Presidential Policy Directive 28 , which...
EFF to Patent Office: There’s Nothing Wrong With Throwing Out Bad Patents
Earlier this year, Randall Rader, then Chief Judge of the Federal Circuit , called a group of administrative patent judges “ death squads .” What had these judges done to deserve such savage criticism? They had done exactly what Congress intended: found some bad patents invalid...
CBS to HBO: Wait for Us!
Well, this is a surprise: broadcast network CBS has announced it too will offer a subscription service . This is good news and bad news. First, it's good that CBS is figuring out the same logic that finally hit HBO : significant (if not all) viewership growth is going to happen online...
BREAKING NEWS: Cartier and friends score over ISPs: Open Rights Group intervenes
The judgment is not yet posted on BAILII, but today Mr Justice Arnold, sitting in the Chancery Division of the High Court of Justice, England and Wales, gave his decision in Cartier, Montblanc and Richemont v BSkyB, BT, TalkTalk, EE and Virgin (Open Rights Group intervening) ...
Friday fantasies
Forthcoming events.   Just a quick reminder: readers, please -- especially if you are seeking continuing legal education points, looking for inspiration or desperate for some decent networking -- check out the IPKat's Forthcoming Events page.  Not all of the events on...
No Means
Robert Bosch sued Snap-On for infringing 6,782,313 , which claims a motor vehicle diagnostic tester. Alas, the tester had no specification support for a testing device. The courts found insufficiency under 35 U.S.C. § 112, ¶ 6, even though there was no explicit "means for" element.  Another...
Cambridge Assoc., LLC v. Capital Dynamics (PTAB 2014); PNC Bank v. Secure Axcess, LLC (PTAB...
By Michael Borella -- As the fallout of the Supreme Court's Alice Corp. v. CLS Bank decision propagates through the USPTO and lower courts, many patent applications and patents directed to business methods are being rejected or struck down for failing to meet the patentable subject...
Apples and Oranges in the IP5 Statistics, or how to make your patent filing statistics look more...
Patent filing statistics: a fruitful topic to pursue. Peter Arrowsmith (partner in London-based patent attorneys Cleveland) has been subjecting patent statistics to some careful scrutiny of late. If readers' comments are anything to go by, Peter's two-part post on the Great British Vanishing...
UNCTAD Forum: Local Drug Manufacturing A Key To Universal Health Coverage
Local production of medicines in developing countries is key to advancing universal health coverage, but other factors need to be considered, such as the involvement of all stakeholders and policy coherence in governments, according to speakers attending the World Investment...
OpenMedia vs the TPP
OpenMedia have published their (crowdsourced) proposed alternative to the secret, corporate-handout TPP . Their proposal argues for respecting creators, prioritizing free expression, and using democratic (not secret) processes to determine what intellectual property regime should govern...
A clear vision of genuine use: Specsavers v Asda (again)
Should the extensive use of the SPECSAVERS logo (left) be regarded as use of the black logo (right) consisting of a pair of overlapping ovals, so that the latter mark can be regarded as having been put to genuine use? The answer is yes, according to Lord Justice Kitchin for the Court of...
USTR Sets Deadline For Comments On Review Of Indian Protection Of US IP
Comments must be submitted in the new two to three weeks for an extraordinary review by the United States government of India's protection of US intellectual property rights.
Is NY DFS Backing Off Its Attack on Bitcoin Developers? The Devil Will Be In The Details.
Last night, New York Department of Financial Services Superintendent Ben Lawksy gave a speech at the Benjamin N Cardozo School of Law in which he reportedly backed down from the threat of forcing software developers who innovate around Bitcoin to obtain licenses. According...
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...
Celebrating Open Access Week: Research Should Be Free, Available, and Open
Welcome to the eighth annual Open Access Week ! We're joining an international community—researchers and students, doctors and patients, librarians and activists—to celebrate free and open access to knowledge. This is also a time to discuss the barriers and costs of keeping...
Never too late: if you missed the IPKat last week
Is it really sixteen weeks since our good friend and fellow blogger Alberto Bellan commenced this series of round-ups of the previous week's IPKat blogposts? It is indeed, and our Kat-stats show that, in some cases, the number of people reading blogposts the week after they were first...
Conference & CLE Calendar
October 21, 2014 - "Recent Judicial Decisions Impacting Technology Licensing" (McDonnell Boehnen Hulbert & Berghoff LLP) - 10:00 to 11:15 am (CT) October 21, 2014 - "Patent Reissue: Strategic Use for Pre- and Post-AIA -- Correcting Errors in Patents, Determining Whether and...
Fill in the form, keep your hair: UPC IT Prototype needs your feedback
The AmeriKat's Sunday evening screen For the AmeriKat, Sunday afternoons are all about scrubbing away the week's frustrations , been and to come, around her flat to the westward drum of Led Zeppelin.  Afterwards, if the siren call of her day job doesn't beckon her, she often...
Winning the lottery type game is your destiny - Sweepstakes Patent Company
Sweepstakes Patent Company, LLC v. Burns et al. and Mosely et al. Southern District of Florida Case Nos. 0-14-cv-62351 and 0-14-cv-62354  In two new cases, plaintiff Sweepstakes Patent Company (SPC) accuses internet cafe service providers in Florida of infringing two...
Another competition -- this time for the literary minded
Another competitition!  Fellow Kat Eleonora's friend and colleague Sophie Stalla-Bourdillon is already running this design-a-logo competition for The University of Southampton's iCLIC centre.  However, if your talents are more literary, there's a compose-a-limerick...
The innovation champs for 2014; the best of times or the worst of times?
First, a Dickensian moment, from " A Tale of Two Citie s": "It was the best of times, it was the worst of times, it was the age of wisdom, it was the age of foolishness, it was the epoch of belief, it was the epoch of incredulity, it was the season of Light, it was the season of Darkness, it was the...
What Are You Doing For Open Access Week?
This Monday, October 20 marks the first day of Open Access Week , an international event that celebrates the wide-ranging benefits of enabling open access to information and research–as well as the dangerous costs of keeping knowledge locked behind publisher paywalls...
Munich Re Continues to Back Desert Based Solar
Says this article at PV-Tech. They cite Munich Re renewable energy spokesman Stefan Straub like this: “The concept phase is closed and something new needs to be developed. The three main companies that remain in Dii will continue this development as they are industrial...
Cyber-Espionage and Trade Agreements: An Ill-Fitting and Dangerous Combination
Yesterday's leak of a May 2014 draft of the Trans-Pacific Partnership (TPP) agreement revealed the addition of new text criminalizing the misuse of trade secrets through "computer systems", as mentioned in our previous post about the leak. This is a significant revelation, because...
French Designer Sonia Rykiel Did Not Copy Shoes, Says Paris Court
Readers of this blog already know that U.S. shoe maker Converse has filed a trademark infringement and trade mark dilution suit against K Mart in the Eastern District of New York and also requested the U.S. International Trade Commission to institute an investigation under Section 337...
The TPP’s New Plant-Related Intellectual Property Provisions
The newly-released Trans-Pacific Partnership (TPP) intellectual property (IP) chapter would help seed conglomerates like Monsanto prevent farmers from saving and using seeds that contain patented plant materials, even when such use is for their own personal...
Leaked TPP Draft Reveals Extreme Rights Holder Position Of US, Japan, Outraged Observers Say
Critics poring over a newly leaked alleged draft of the Trans-Pacific Partnership agreement (TPP) intellectual property chapter say it shows the United States is taking an all-out lurch toward greater protection and less access, causing outrage among public interest groups.
Lions, and Tigers, and.... Joustin' Beavers?
RC3, Inc. v Bieber Florida Middle District Court, No. 3:2012cv00193 Florida based game developer RC3 created a game, Joustin’ Beaver, in which a beaver that jousts must navigate the whirlpool of success, sign otter-graphs, and avoid the phot-hogs. Justin Bieber’s...
Converse sues for trade mark infringement of iconic Chuck Taylor All Star
It is commonly known that only successful products are copied, and Converse shoes are no exception. The Chuck Taylor All Star  sneakers, introduced almost a century ago (in 1917) are Converse’s signature shoes and are still very popular. Deciding that they had had enough of their...
Finland’s Citizen Copyright Initiative In Doubt: A Sad But Necessary Win For Cross-Border Online...
It was reported in a number of news outlets last week that the Finnish Parliament is close to  rejecting  the country's first crowdsourced copyright reform initiative. Titled  Common Sense For Copyright (“Initiative”), the Initiative  called for the expansion of copyright fair...
Latest TPP Leak Shows US Still Pushing Terrible DRM and Copyright Term Proposals—and New...
Today Wikileaks published a new draft of the Trans-Pacific Partnership (TPP)’s intellectual property chapter. This draft text, from May 2014, gives us another look into the current state of negotiations over this plurilateral trade agreement’s copyright provisions since another draft was leaked last...
Sometime Next Year, HBO Will Become Netflix
For a while now I've subscribed to the argument that Netflix had to become HBO faster than HBO could become Netflix . It's said that a large percentage of people keep their cable subscriptions for two reasons: HBO and ESPN. It seems like someone at HBO has finally woken up to the...
Chemists and mech/elecs unite!
The IPKat has been alerted to a change in format for the EQE (the qualifying exam to become a European Patent Attorney), thanks to Bart van Wezenbeek of V.O. Patents & Trademarks, who learnt of it last week at a meeting between EPO exam committee members and the EPO...
Desertec Setback
Most of the participating companies in the “ Desertec industrial initiative  (Dii)” have decided not to extend their membership over the end of this year. After this decision, Dii is left only with the World’s largest electric utility company ( SGCC ), one of the largest German utilities...
Sherry Knowles Addresses Real World Impact of Myriad-Mayo Guidance at BIO Symposium
By Donald Zuhn -- Last month, at the Biotechnology Industry Organization (BIO) IP & Diagnostics Symposium in Alexandria, VA, Sherry Knowles of Knowles IP Strategies addressed the impact of the U.S. Patent and Trademark Office's Myriad-Mayo Guidance. The Guidance, which...
New Report Finds Users Want Copyright to Respect Creators, Free Expression, and...
Canadian digital rights organization, OpenMedia , released a copyright report today that crowdsourced input from users from around the world. Their survey asked users to express their thoughts about copyright and to determine what issues they would like policymakers to prioritize in constructing...
Civil Liberties Groups Appeal Ruling Over Automatic License Plate Reader Data
The Electronic Frontier Foundation and the ACLU Foundation of Southern California are taking the fight over automatic license plate reader (ALPR) data to the next level by asking the California Court of Appeal to rule that the public has a right to know how Los Angeles cops are tracking...
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