Intellectual Property Law Articles

Articles written by attorneys and experts worldwide
discussing legal aspects related to Intellectual Property.


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Design Infringement Claim Backfires in Malaysia

  July 22, 2014     By Patrick Mirandah Co.
In a court action between Tropicana Products, Inc. (“Tropicana”) and the F&N companies (Fraser and Neave, Limited and its subsidiaries, F&N Diaries (M) Sdn Bhd and F&N Beverages Manufacturing Sdn Bhd) (“F&N” collectively), the Court of Appeals in Malaysia (“Appeals Court”) reversed the decision of the Kuala Lumpur High Court (“High Court”) granting Tropicana’s infringement claims and further revoking F&N’s industrial design registrations.

Incense Design Registrations Burn Up in Smoke

  July 22, 2014     By Patrick Mirandah Co.
In the cases of Koay Kar Kheng v Rong Qiang Incense (M) Sdn Bhd and Koay Kar Kheng v Seong Loong (M) Sdn Bhd, the High Court of Malaya (“High Court”) revoked and expunged two (2) industrial design registrations, bearing designs of incense products registered under Class 99, from the Register of Industrial Designs due to lack of novelty over prior designs already disclosed to the public before the respective priority dates of the industrial design registrations.

Vietnam and Philippines Keeps Persistent Fight Against IPR Violators

  July 22, 2014     By Patrick Mirandah Co.
The office of the United States Trade Representative (USTR) annually prepares the ‘Special 301 Report’ which identifies countries that do not provide adequate and effective protection of Intellectual Property Rights and pose trade barriers to US companies and products.The report contains countries considered to be providing inadequate and ineffective protection and the list of countries are categorized as ‘Priority Foreign Countries,’ ‘Priority Watch List,’ or ‘Watch List.’

Why Small Businesses Should Consider China Trademark Registration

  July 19, 2014     By John Oneil International
The recent troubles facing Tesla’s expansion into China, particularly the trademark of its name and it’s Chinese version TeSiLa should be paid close attention to especially by small businesses.

Protection of Domain Name As A Trademark

  July 16, 2014     By Global Jurix
There is an ever-growing need for obtaining well-rounded protection to the internet domain names, like the protection enjoyed by the trademarks and service marks. Today, the internet domain names have also become business identifier and promoter, as the internet has emerged out as a globally popular platform for accelerated flow of all sorts of business information related with all economic sectors. Efforts of ICANN and WIPO in this direction have also been described.

China's Plant Variety Rights Legislation

  June 15, 2014     By MMLC Group
The coverage provided by China's Plant Variety Rights Law and associated regulations.

Registration and Protection of Trademarks in India and Abroad

  June 13, 2014     By Global Jurix
All about trademarks and service marks, and registration and protection of these in India, and in countries worldwide. A special and exclusive section is provided over registration of trademarks in India, including the registration process, and the up-to-date provisions in the Trade Marks Act of 1999, and the Trade Marks Rules of 2002. International Treaties like the TRIPS Agreement, Berne Convention, Madrid Protocol, & CTM,are also described briefly.

Understanding Trademark Infringement

  June 2, 2014     By George D. Murphy, Jr., Attorney at Law
Trademark infringement can be a serious issue, especially if you run a small business that depends on various distribution channels. Do you understand how the laws could affect you?

Entering Azerbaijani Market: Franchising and Distribution

  June 2, 2014     By Remells Law Firm
In this note we provide general information about some of the legal issues that a foreign franchisor or supplier (in distribution agreements) should consider when entering Azerbaijani market.

Court Rules Copyright Ownership Can Be Transferred Using Electronic Signature

  May 22, 2014     By Sheldon Mak & Anderson PC
In a matter of first impression, the Fourth Circuit Court of Appeals recently ruled that an electronic signature can create a legally binding agreement to transfer copyright ownership. The decision relied on the federal E-Sign Act of 2000, which clarified that contracts cannot be invalidated simply because the signature is in electronic form.

Oracle vs Google – Software Copyright Case

  May 21, 2014     By CSB Advocates
The US Court of Appeals ruled last Monday the 12th of May that software source code can qualify for copyright protection in certain circumstances.

Google Receives Influx of Take-Down Requests

  May 20, 2014     By CSB Advocates
Google has certainly had some experience dealing with take-down requests in the past – primarily dealing with copyright infringing content – but nothing was to prepare it for the overwhelming influx of requests it reportedly received following the ECJ ruling on the subject last week.

Company Formation in Albania - Business Licensing

  May 16, 2014     By LPA Law Firm Albania
Foreign nationals are entitled to take up economic activities in Albania as self-employed persons, and to set up undertakings, in particular companies, which they effectively control. Foreign companies can also do business in Albania through setting up subsidiaries and branches.

Entertainment Industry Study Finds Online Piracy Growing

  May 15, 2014     By Sheldon Mak & Anderson PC
Online copyright infringement shows no signs of slowing down, according to a new study commissioned by NBCUniversal and prepared by NetNames. Among the study’s findings — 432 million unique Internet users explicitly sought infringing content during just one month in 2013.

Two Years Later: Where Does the America Invents Act Stand?

  May 13, 2014     By Sheldon Mak & Anderson PC
Congress passed the America Invents Act (AIA) roughly two years ago. However, many of the law’s provisions only became effective on March 16, 2013.

Philippines: Non-filing of Declaration of Actual Use is Tantamount to Abandonment of Interest

  May 13, 2014     By Patrick Mirandah Co.
In a recent decision, the Supreme Court of the Philippines held that a registrant’s failure to file a Declaration of Actual Use (DAU) within the requisite period constituted abandonment or withdrawal of its vested rights in the trademark. Birkenstock Orthopaedie GmbH & Co. KG v. Philippine Shoe Expo Marketing Corp., G.R. No. 194307 (Sup. Ct. Nov. 20, 2013).

UAE Limiting Trademarks Infringements (Part 3)

  May 11, 2014     By Al Rowaad Advocates & Legal Consultancy
The United Arab Emirates is regarded as a commercial hub of Middle East, which facilitates in the practice of commercial activities in a lucrative and tax free environment. The legal system endeavors to protect producers and consumers from Trademarks infringement.

UAE Trademarks: Ownership (Part 2)

  May 11, 2014     By Al Rowaad Advocates & Legal Consultancy
There is a misconception between people that registering a trademark grants the party a right of ownership. Technically this may be true but it is not the registration that grants an ownership over a trademark, but the use of the trademark.

Court Rules Copyright Ownership Can Be Transferred Using Electronic Signature

  May 8, 2014     By Sheldon Mak & Anderson PC
In a matter of first impression, the Fourth Circuit Court of Appeals recently ruled that an electronic signature can create a legally binding agreement to transfer copyright ownership. The decision relied on the federal E-Sign Act of 2000, which clarified that contracts cannot be invalidated simply because the signature is in electronic form.

Google Expands Patent Search Tool

  May 6, 2014     By Sheldon Mak & Anderson PC
Google’s Patent Search engine is a valuable and underutilized tool for inventors and businesses. It allows users to search several patent offices at once for granted patents, published patent applications, and even prior art.

Entertainment Industry Study Finds Online Piracy Growing

  May 1, 2014     By Sheldon Mak & Anderson PC
Online copyright infringement shows no signs of slowing down, according to a new study commissioned by NBCUniversal and prepared by NetNames. Among the study’s findings — 432 million unique Internet users explicitly sought infringing content during just one month in 2013.

Are You Getting Shortchanged on Patent Royalties?

  April 29, 2014     By Sheldon Mak & Anderson PC
Licensing intellectual property can be a lucrative stream of revenue. However, businesses need to have procedures in place to ensure accurate reporting and royalty payments.

The Margins of Discretion in Singapore

  April 28, 2014     By Patrick Mirandah Co.
The recent decision by the Intellectual Property Office of Singapore (IPOS) between V Hotel and Jelco Properties concerning an Application for Restoration of Trademark Application and Request for Extension of Time (EOT), shows that IPOS continues to take a stringent position with regard to procedural defaults such as an attorney’s delay in responding to IPOS within the deadline.

No Time Relevance For Community Trademark Prioritization

  April 28, 2014     By GRP Rainer LLP
When the priority of a community trademark over a national trade mark is in question, then the day of registration is relevant and not the specific time. The exact time of the brand registration shouldn’t be considered.

MLK’s Historic Speech Protected by Copyright

  April 24, 2014     By Sheldon Mak & Anderson PC
If you watched coverage of the 50th anniversary of Martin Luther King’s “I Have a Dream” speech, you may have noticed that very few programs aired the speech in its entirety. That is because King’s remarks are protected by copyright until 2038.

US Fishing Tackle Company Obtains Second Positive Annulment Decision

  April 24, 2014     By Andra Musatescu
US company Pure Fishing Inc, the owner of worldwide-known fishing tackle brands, has obtained a positive decision in a second annulment action brought against local company SC Chen Yang 2000 SRL.

Trademark Infringement

  April 23, 2014     By Biftu Law LLC
The following article discusses the basics of trademark infringement in the United States.

What makes a Lawyer Websites Effective?

  April 22, 2014     By Law Offices of Kevin Cortright
If you have an existing website, or strategy to establish one in the near future, it's important to comprehend the characteristics that can make or break the efficiency of your online financial investment. An unappealing or badly constructed site will do more to hurt your business than to help it. In this article, we look at the basic elements associated with making a website effective.

Judge Rules Apple and Samsung Do Not Have to Disclose Profits in Patent Litigation

  April 22, 2014     By Sheldon Mak & Anderson PC
If you were hoping the epic battle between Apple Inc. and Samsung Electronics Co. would result in the release of some juicy inside information, you will be disappointed. The Federal U.S. Circuit Court of Appeals recently ruled that the tech giants do not have to reveal confidential profit and sales information.

Introduction to Trademarks in the UAE (Part 1)

  April 21, 2014     By Al Rowaad Advocates & Legal Consultancy
Trademark has a major value for any business, and one of the primary concerns of any well established or successful business man. Therefore at the beginning we must clarify what a Trademark is, its importance, and how the law protects its owner, and the legal procedures to register a trademark.

Chinese Legislature Passes Trademark Law Amendments

  April 17, 2014     By Sheldon Mak & Anderson PC
The Chinese legislature recently passed comprehensive reforms to the country’s trademark laws. The changes should make it easier for U.S. businesses to protect their brands.

Battle of the Famous Mark “LEXUS” in Hong Kong

  April 15, 2014     By Angela Wang & Co.
On 19 March 2014, the Registrar of Trade Marks in Hong Kong dismissed the opposition application by the owner of well known automobile maker “LEXUS” against a Malaysian biscuit brand also named “LEXUS”. The latter mark was filed as a series of two marks by Munchy Food Industries Sdn Bhd (“Munchy”). This decision is highly significant to well known trademark owners and the Registrar’s detailed reasoning will likely be followed in future similar opposition cases.

Harvard Professor Fires Back Against Copyright Infringement Claims

  April 15, 2014     By Sheldon Mak & Anderson PC
Harvard University Law Professor Lawrence Lessig is fighting back against allegations that his online lecture posted on YouTube violates the copyright to a French pop song. Fittingly, Lessig is a respected expert on law and technology as well as an advocate for less restrictive copyright laws.

Internet Enables Thieves to Steal $4 Billion in Tax Refunds

  April 11, 2014     By DeBlis & DeBlis
Criminals are utilizing their Internet connection to file false tax returns that help them steal refunds from the innocent. In 2013, fraudulent returns saw almost $4 billion sent into the hands of scam artists. Making things worse is the fact that the Internal Revenue Service is having a hard time stopping the fraud from happening in the first place.

Infringement of the Intellectual Property Rights (Trademark, Copyright and Patent) in Pakistan

  April 11, 2014     By Irfan Mir Halepota & Associates
Pakistan penal code provides Sections 478 to 489 in relation to the infringement of registered Trade Mark before the trial by the Magistrate 1st Class Schedule II of Cr.P.C. Has enlisted all offenses as bailable and non-cognizable.

Copyright FAQ: What is Considered Fair Use?

  April 10, 2014     By Sheldon Mak & Anderson PC
When deciding whether you can use someone else’s work without permission, there are a number of factors that must be taken into consideration. One of the most important limitations to copyright protection is the doctrine of fair use.

Are You Getting Shortchanged on Patent Royalties?

  April 8, 2014     By Sheldon Mak & Anderson PC
Licensing intellectual property can be a lucrative stream of revenue. However, businesses need to have procedures in place to ensure accurate reporting and royalty payments.

GAO Reports Sheds Light on Impact of NPEs

  April 3, 2014     By Sheldon Mak & Anderson PC
The U.S. Government Accountability Office recently released a report on the impact of non-practicing entities (NPEs). The findings debunk many of the criticisms waged against so-called “patent trolls.”

Key Changes to China Trademark Law and Practice

  April 1, 2014     By MMLC Group
From 1 May 2014, the new China trademark law will commence operation. The new law differs in key aspects to the old law, and trademark registration practice will also differ greatly. This article looks at the key changes that all trademark lawyers and owners need to be aware of.

Presidential Hopefuls Taking Heat for Possible Copyright Infringement

  March 27, 2014     By Sheldon Mak & Anderson PC
Every election season, at least one of the candidates seems to end up in legal hot water over music used by the campaign. in 2012, it was Newt Gingrich. He is facing a copyright infringement lawsuit for his use of the Rocky III theme song, "Eye of the Tiger."

The Fage Greek Yoghurt Case

  March 26, 2014     By CSB Advocates
The world renowned manufacturer of Greek Yoghurt, FAGE, has recently won an ‘extended passing-off’ case against Chobani UK Limited and Chobani, Inc in the United Kingdom. Interestingly, an extended passing-off claim, unlike a classic passing-off claim, may be brought by one or more members of a class of traders which share the collective goodwill in a mark.

Sino Legend Prevails in Business Secret Fight

  March 26, 2014     By Lehman, Lee & Xu
The U.S. International Trade Commission (ITC) recently issued a substantial modification to its initial determination in the Sino Legend (Zhangjiagang) Chemical Co., Ltd. and SI Group Inc. intellectual property case. The Commission ruled that the majority of SI Group’s alleged business secrets are not protectable. The ITC also struck down the originally recommended general exclusion order.

Green Technology Pilot Program Marks 500th Patent

  March 25, 2014     By Sheldon Mak & Anderson PC
The United States Patent and Trademark Office (USPTO) recently announced that it has issued the 500th patent through its Green Technology Pilot Program. Under the patent program, applications involving reduced greenhouse gas emissions, energy conservation, and environmental quality are eligible for accelerated review at no cost to the inventor.

A Call for Big Patent Changes

  March 18, 2014     By Sheldon Mak & Anderson PC
Federal Judge Richard Posner recently dismissed the high-profile intellectual property litigation between Apple and Motorola, after determining that neither side could prove damages.

Imitation Protection Of Internet Sites By Copyright Law

  March 14, 2014     By GRP Rainer LLP
The operator of an Internet address has, as a rule, a special interest in the protection of his advertising appearance on the Internet against imitation. However, such a protection, from the copyright law, is guaranteed only up to a certain creation/design point.

Requirements for Registration of Local Trademark in Albania

  March 13, 2014     By LPA Law Firm Albania
In case foreign entities wish to file a trademark in Albania they can do so only through an authorized local trademark agent registered with the Albanian Patent and Trademark Office.

The EU Court Rules Linking to Free Web Content is Legal

  March 13, 2014     By CSB Advocates
Last month the European Court ruled that websites can link to freely available content without the permission of the copyright holder.

Are Neutral Experts the Key to Complicated IP Litigation?

  March 13, 2014     By Sheldon Mak & Anderson PC
Judge Richard Posner is taking a novel approach to the upcoming patent litigation between Apple and Motorola. He is using court-appointed witnesses to explain complicated subject matter.

What Does Neil Young Have Against MP3s? Rock Legend Seeks Trademark for New Audio Format

  March 11, 2014     By Sheldon Mak & Anderson PC
Legendary rocker Neil Young reportedly does not like how his songs currently sound on his iPod. To remedy the problem, he is working on a new, high-resolution audio format to replace MP3s, as evidenced by several trademarks applications recently filed on his behalf.

USPTO Issues Guidance to Patent Examiner in Wake of Prometheus Decision

  March 6, 2014     By Sheldon Mak & Anderson PC
The U.S. Patent and Trademark Office issued a memorandum to its patent examiners regarding the Supreme Court’s recent decision in Mayo Collaborative Services v. Prometheus Laboratories, Inc. The memorandum provides preliminary guidance to the Patent Examining Corps. in light of the Court’s decision, and also indicates that further guidance will be forthcoming.

Has Louis Vuitton Gone Too Far to Protect Its Trademark?

  March 4, 2014     By Sheldon Mak & Anderson PC
The intellectual property world is buzzing about the trademark dispute brewing between luxury brand Louis Vuitton and University of Pennsylvania Law School. Louis Vuitton recently sent a strongly worded cease and desist letter demanding that the school remove posters advertising the Pennsylvania Intellectual Property Group’s (PIRG) annual symposium on fashion law because the posters "misappropriated and modified" Vuitton's trademarked monogram design.

Fictitious Licence Fee In Case Of Unauthorized Publication Of Photos – Copyright Law

  March 3, 2014     By GRP Rainer LLP
If photos are published without authorization, this is a violation of the right of owning one’s own image. The persons depicted are entitled to receive payment of a licence fee.

Vesting of Contingent Compensation in Pay or Played Television Director Agreement

  February 27, 2014     By IP Law Click, PC
One of the issues in negotiating director agreements in television is whether contingent compensation provision applies in situations where a director is pay or played off a film. The question becomes will the director be entitled to any portion of the negotiated contingent compensation since she has been terminated and is no longer with the project.

U.S. Gymnasts Are Not the First “Fab Five”

  February 25, 2014     By Sheldon Mak & Anderson PC
If the U.S. women’s Olympic team wants to capitalize on their gold medal win, they may need to hire an experienced trademark attorney. The group’s famous nickname—the Fab Five—is already trademarked by NBA player Jalen Rose.

KU DE TA Keeps Name in Singapore

  February 24, 2014     By Patrick Mirandah Co.
In Guy Neale and others v Nine Squares, the Singapore High Court dismissed a trade mark invalidation suit and passing off claim and confirmed the requisite attributes for the establishment of goodwill.

South East Asia is Fertile Ground for Intellectual Property Recognisance and Growth

  February 23, 2014     By Patrick Mirandah Co.
In 2013, several Southeast-Asian countries including Malaysia, Philippines and Singapore have seen some significant development in their respective Intellectual Property regime.

China Leads the World in Patent Filing

  February 20, 2014     By Sheldon Mak & Anderson PC
China was the world’s top patent filer for 2011, according to a new Thompson Reuters report. The significant uptick is attributed to the country’s desire to transform from a "made in China" to a "designed in China" market.

Copyright FAQ: What Is a “Useful Article?”

  February 18, 2014     By Sheldon Mak & Anderson PC
In a recent copyright infringement case involving Batman’s famous ride, the Batmobile, a U.S. federal judge ruled that the famous car was protected under the Copyright Act because it possessed non-functional artistic elements that could be separated from the utilitarian aspect of the automobile.

Employment Law in Israel

  February 17, 2014     By Livnat, Mayer & Co.
Significant Issues in Employment Law in Israel

Key Issues Regarding the Third amendment to PRC Trademark Law

  February 17, 2014     By UB & Co. Attorneys and Counselors
On August 30, 2013, the Standing Committee of the National People’s Congress issued the Third Amendment to PRC Trademark Law (the "Amendment"). The new Trademark Law based on this Amendment will enter into force on May 1, 2014. In general, the Amendment improves the legal framework regarding critical issues such as trademark application, review and opposition, trademark use, assignment and extension, trademark infringement and punishment, etc.

Singapore’s Apex Court Develops and Clarifies the Law of Trademarks

  February 13, 2014     By Patrick Mirandah Co.
2013 has been a progressive year for Singapore as 3 Court of Appeal decisions have been handed down in relation to the law on trademarks and the tort of passing off.

Patent FAQ: Is My Invention Patentable?

  February 13, 2014     By Sheldon Mak & Anderson PC
A patent is a valuable property right because it excludes others from “making, using, offering for sale, or selling your invention throughout the United States or importing the invention into the United States” for a certain period of time. However, before embarking on the patent process, the first step is determine if your invention can indeed be patented.

Rock Legend Seeks Trademark for New Audio Format

  February 11, 2014     By Sheldon Mak & Anderson PC
What Does Neil Young Have Against MP3s? Legendary rocker Neil Young reportedly does not like how his songs currently sound on his iPod. To remedy the problem, he is working on a new, high-resolution audio format to replace MP3s, as evidenced by several trademarks applications recently filed on his behalf.

Strong v. Weak Trademarks: How to Tell the Difference

  February 6, 2014     By Sheldon Mak & Anderson PC
Strong trademarks are so distinctive that it is easy to prevent a third-party from using the mark. It is subsequently less difficult to both register and defend these trademarks. In contrast, “weak” trademarks are often descriptive and/or already used by others to describe their goods or services. As a result, weak trademarks are difficult to legally protect.

Fair Use in Trademarks

  February 3, 2014     By IP Law Click, PC
Unlike copyrights, the defense of fair use in trademark law is relatively new and not as developed.

Birkenstock prevails and steps on competition

  February 3, 2014     By Patrick Mirandah Co.
The Philippines Supreme Court was once again confronted with the issue on ownership of trademark in its recently decided case of Birkenstock Orthopaedie GMBH and Co. KG vs. Philippine Shoe Expo Marketing Corporation (G.R. No. 194307, November 20, 2013).

9th Circuit Court of Appeals to Decide a Major Occupational Licensing Case

  January 31, 2014     By Kassouni Law
Appeals lawyers assess Underwood v. Mackay - whether occupational licensing applicants must submit to all licensing procedures and be denied a license before they can challenge the constitutionality of those procedures in court.

Can You Patent a Tattoo? Nokia Says Yes

  January 30, 2014     By Sheldon Mak & Anderson PC
Patents and patent applications are often the first indicators that a new technology or product is on the horizon. This may be the case with Nokia’s recent patent application for a vibrating tattoo.

Will EU Ruling on Copyright Protection for Software Impact U.S. Litigation?

  January 28, 2014     By Sheldon Mak & Anderson PC
The Court of Justice of the European Union recently confirmed that computer functions are not eligible for copyright protection. While the decision is clearly a win for the software industry and its reliance on reverse engineering, its impact on U.S. copyright litigation remains to be seen.

Copyrights: Amplifying Sound Signals is Not Infrigement

  January 26, 2014     By BCH Lawyers
Although the doctrine of precedent does not underpin the Portuguese legal system, there are some (extraordinary) cases where the Portuguese Supreme Court of Justice rules upon a certain subject matter and makes a decision that may be seen as having a “stare decisis” nature.

Trademark FAQ: What Is Dilution?

  January 23, 2014     By Sheldon Mak & Anderson PC
As we mentioned last week, trademark owners can protect their intellectual property by bringing a trademark infringement action. This post highlights another valuable legal tool—an action for trademark dilution.

Intellectual Property in Albania

  January 21, 2014     By LPA Law Firm Albania
Protection of intellectual property rights in Albania. Trademark in Albania.

Patent Marking Goes Virtual: Are You Ready?

  January 14, 2014     By Sheldon Mak & Anderson PC
As part of efforts to improve the patent process, the Leahy-Smith America Invents Act modernizes the ways that patent holders may mark their products. It specifically allows patent owners to mark their products with an Internet address that provides the patent numbers associated with the product.

Sheen’s Case Against Warner Brothers/CBS and Lorre

  January 13, 2014     By IP Law Click, PC
Although it has been a few years since Charlie Sheen decided to sue CBS for canceling his contract. It is important to revisit the issues for understanding Moral Clause, Pay or Play or Force Majeure clause and how they come into play during that matter.

Trademark Litigation: Maker’s Finally Gets Its Mark

  January 9, 2014     By Sheldon Mak & Anderson PC
After nine years of legal wrangling, a federal appellate court has ruled that Maker’s Mark Distillery Inc.’s signature red seal on its bottles is a valid trademark. As Bloomberg noted in its report, “The litigation lasted longer than the bourbon-aging process.”

Towersquatting - and Contributory Cybersquatting

  January 7, 2014     By Bay Oak Law
The cybersquatter is a parasite that benefits from an internet user’s confusion who thinks that they are accessing a popular website, when they really get something else. The US banned cybersquatting in 1999's Anti-cybersquatting Consumer Protection Act (“ACPA”) and is codified at 15 U.S.C. § 1125(d).

New Google Search Algorithm May Deter Copyright Infringement

  January 7, 2014     By Sheldon Mak & Anderson PC
Google recently announced that it has changed how it ranks search results in order to account for copyright infringement claims. The move is seen as a big win for large media companies that have been pressuring the search giant to take a stand against piracy.

What is a Work for Hire Agreement?

  January 5, 2014     By IP Law Click, PC
If you are commissioning someone to work on a project for you, are not a traditional employer, and yet want to retain all rights to the work created, it becomes important to understand "work for hire" agreements.

Does Europe Need Bold IP Reforms?

  January 2, 2014     By Sheldon Mak & Anderson PC
A report on the status of innovation and intellectual property in Europe suggests that the region must make “bold” reforms to keep up with the ever-evolving digital economy. The report, authored by ten European leaders in arena of IP law and policy, was formally presented at the 2012 Intellectual Property and Innovation Summit.

Obligation to Maintain Company Websites under the New Turkish Commercial Code

  December 27, 2013     By ADMD Law Office
The (New) Turkish Commercial Code No. 6102 dated July 1, 2012 ('the Law') implemented a number of provisions and brought additional obligations for capital companies. One of such obligations set forth by the Law is the obligation to have a dedicated website. According to Article 1524 of the Law, all capital companies subject to auditing are also required to open a dedicated Internet website and publish certain information.

Can You Offer Free Digital Music and Be Profitable?

  December 24, 2013     By Sheldon Mak & Anderson PC
Digital music sites like Pandora and Spotify are extremely popular with music fans because they offer free or low-cost music on a variety of different devices from computers to smartphones. However, despite their growing number of users, these digital music companies are still losing money.

U.S. Supreme Court Will Decide if the Human Genome Should Be Patented

  December 20, 2013     By Gagnon, Peacock & Vereeke, P.C.
Medical researchers and private companies across the world spend years mapping the human genome in an effort to discover the root causes - and cures - for gene-related diseases and illnesses that kill people every day. The research involves isolating and testing individual genes in order to determine how to manipulate them.

Legal Protection Options for Non-Functional Product Designs

  December 20, 2013     By Gagnon, Peacock & Vereeke, P.C.
All businesses strive to market their products in ways that connect well with potential customers and establish their brands. Fortunately for these businesses, it is possible to protect their efforts from copy cats. Three types of protections exist for product designs that are non-functional, yet essential to marketing and brand development: copyright, design patent and trade dress.

Is it Possible to Commit the Crime of Theft with Regard to Intellectual Property?

  December 20, 2013     By HG.org
When it comes to intellectual property, many of us think of copyrighted works of art, patented products, or trademarked logos. All of these items are intellectual property, but infringing on someone's intellectual property rights is usually handled as a civil matter, not criminal. So, is it ever possible to commit the crime of theft with regard to intellectual property?

USPTO Announces Text2PTO Program for Patent Applications

  December 19, 2013     By Sheldon Mak & Anderson PC
Filing your patent application with the U.S. Patent and Trademark Office just became a little easier. The agency recently announced a new program called Text2PTO, which will enable the USPTO to receive patent applications as text files.

Are Emoticons Really at the Center of a Patent Dispute?

  December 17, 2013     By Sheldon Mak & Anderson PC
Apple and Samsung Electronics continue to be involved in lawsuits spanning the globe and covering a number of cell phone and tablet technologies.

PRC Data Privacy Laws in a Nutshell

  December 13, 2013     By Pamir Law Group
Notwithstanding the reasoning, companies in China have yet another amorphous compliance bugbear to obey. Given the inconsistent state of existing data privacy rules and recent dicta that position personal data at the epicenter of the data protection maelstrom, one might think it counter-intuitive, if not disingenuous, that there is no legally authoritative definition of “personal data” under Chinese law.

Patent FAQ: When Should You File a Design Patent?

  December 12, 2013     By Sheldon Mak & Anderson PC
In general, a “design patent” protects the way an article looks, as opposed to a “utility patent” that protects the way an article is used and works. In some cases, an invention possesses both functional and ornamental characteristics, and both design and utility patents may be obtained.

China Trademark Law Revamps

  December 10, 2013     By Angela Wang & Co.
On 30 August 2013, the Standing Committee of the National People’s Congress passed amendments to the PRC Trademark Law (“Trademark Law”), which amendments are the most significant revision to the Trademark Law since it was last amended in 2001.

Copyright Office Proposes New Protection for Pre-1772 Recordings

  December 10, 2013     By Sheldon Mak & Anderson PC
The U.S. Copyright Office recently recommended that sound recordings made before February 15, 1972 be brought under federal copyright law. Under the current copyright regime, recordings made before that date are protected under state law.

What is a Patent Troll?

  December 9, 2013     By HG.org
Many have read about legal battles fought between large technology companies and entities referred to as “patent trolls” and wondered, “what is a patent troll?” Obviously, it has something to do with patent laws and infringing on someone's patent rights, but what does it really mean? Who does it apply to? Is anyone who asserts a patent infringement a “troll,” or just certain people and entities? Where did the term come from?

Advertising with External Brand Names – Germany

  December 9, 2013     By GRP Rainer LLP
If an external brand name is used as a component for one’s own advertising, the trade-mark proprietor can potentially file for injunctive relief.

Patent Litigation: Google Vows to Stand Behind Android Vendors

  December 5, 2013     By Sheldon Mak & Anderson PC
Android vendors face a growing number of patent lawsuits from competitors, including formidable opponent Apple Inc. However, help may be on the way. Google executive chairman Eric Schmidt recently stated that his company will stand by those firms in any patent lawsuit.

Trademark FAQ: Is Your Product Eligible for a Trademark?

  December 3, 2013     By Sheldon Mak & Anderson PC
Owning a Federal trademark registration provides several advantages, including the ability to file a trademark lawsuit to protect the mark. In order to obtain that protection, applicants must be able to show current use of the mark in commerce, or their intent to use their mark in commerce in the future.

How Do The Law and Social Media Intersect?

  December 3, 2013     By HG.org
Finding someone who does not have a Facebook, Twitter, Google+, LinkedIn, or other social media profile is getting harder to do. Granted, there are still a few stalwart holdouts, but the vast majority of Americans use social media everyday (in fact, you may have come across this article in your social media feed). With social networking such a huge part of our lives, are there any social media laws? How are common legal issues resolved when they occur in a social network?

NFL Player Loses Race to Trademark Office

  November 27, 2013     By Sheldon Mak & Anderson PC
While Baltimore Ravens linebacker Terrell Suggs may be good at defending the quarterback, he has a lot to learn about protecting his intellectual property. Suggs recently lost a race to the federal trademark office, after trying to cash in on a stunt he pulled before the team’s recent playoff game against the Pittsburgh Steelers.

Is the Patent Fast Track Working?

  November 26, 2013     By Sheldon Mak & Anderson PC
The Track I Prioritized Patent Examination Program appears to be doing its job, according to a recent blog post by Peggy Focarino, the USPTO Commissioner for Patents. The expedited track allow inventors and businesses—for a fee of $4,800—to have their patents processed within 12 months.

Same Protection for Works of Applied Art as for Works of Fine Art – Germany

  November 25, 2013     By GRP Rainer LLP
Requirements for achieving copyright protection for works of applied art must not be more specific or even higher than requirements for works of fine art.

Muhammad Ali Hoping for a Knockout in Trademark Infringement Case

  November 21, 2013     By Sheldon Mak & Anderson PC
Muhammad Ali has entered the legal ring, accusing digital bookseller Kobo Inc. of using the former heavyweight champion’s “Float like a butterfly, sting like a bee” slogan in an advertisement without permission. The trademark lawsuit seeks injunctive relief against Kobo, requests that it recall and destroy all allegedly infringing advertisements, and seeks attorneys' fees and damages.

Ninth Circuit Outlines Boundaries of Computer Fraud and Abuse Act

  November 19, 2013     By Sheldon Mak & Anderson PC
In United States v. Nosal, the Ninth Circuit Court of Appeals was asked to determine the boundaries of the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030. It ultimately concluded that violations of an employer's computer use policy did not amount to "exceeding authorized access" under the CFAA.


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