Intellectual Property Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Intellectual Property.
February 15, 2017 By Angela Wang & Co.
The present Hong Kong Arbitration Ordinance does not contain any specific provision dealing with the question of arbitrability of disputes over intellectual property rights ("IPRs"). There is also no authoritative judgment in Hong Kong regarding IPR disputes.
February 13, 2017 By Nicoll Davis & Spinella, LLP
An employee is entitled to protection under federal and state laws, eligible for overtime pay, reduced taxes, and benefits such as healthcare, Workers’ Compensation, disability insurance, and unemployment benefits.
February 9, 2017 By JGPC Business & Corporate Law
Registration is essential to protecting your good name and reputation.
February 9, 2017 By HG.org
Private investigators serve an important role. They often handle cases that are not taken care of by other professionals but that serve an important function in the justice or corporate system. Some of the common cases that private investigators take include:
February 6, 2017 By The Posey Law Firm, PC
There are several important legal considerations for small business startups planning to use crowdfunding as a way to raise capital. The JOBS Act has produced a wealth of opportunity for business startups from creative micro-businesses to real estate crowdfunding to equity funding new research and development.
February 3, 2017 By Mirandah Asia
The recent opposition matter between two mobile software application manufacturers before the Intellectual Property Office of Singapore (IPOS) of Apptitude Pte Ltd v. MGG Software Pte Ltd was a battle for trademark rights in an expanding niche market.
February 1, 2017 By The Posey Law Firm, PC
Protecting intellectual property is a critical early step in establishing a new business. The process can be complex, but the ability of a business to establish a brand and grow by steps depends on having exclusive use of intellectual property.
February 1, 2017 By JGPC Business & Corporate Law
When your business hires a new employee, the last thing you as a business owner want is for your new employee to learn your company’s trade secrets and other confidential information and then leave to work for your competitor.
January 25, 2017 By JGPC Business & Corporate Law
Copyright infringement can cost a business owner or the creator of a copyrighted work dearly. Not only does the owner or creator of the work now have to contend with attempting to sell or use his or her work in a marketplace that also contains the unauthorized reproduction, but the owner or creator is at a distinct disadvantage in that he or she has invested the time and resources into creating the copyrighted work and needs to recoup these costs whereas the competitor is not in such a position.
January 24, 2017 By MMLC Group
On January 22, 2017, the State Administration of Industry and Commerce (“SAIC”) released a draft of Measures for Oral Hearing of Trademark Review Cases (“Measures”) for public opinion solicitation.
January 20, 2017 By MMLC Group
On 4 January 2017, the China Trademark Office (CTO) and Trademark Review and Adjudication Board (TRAB) issued the amended Trademark Examination and Trial Standards (Standards), to match the latest Trademark Law.
January 20, 2017 By JGPC Business & Corporate Law
The Postmark Is Dead. [This] refers to the notion that a person could prove inventorship and a date of invention by documenting the idea and sending the document through the Postal Service with the postmark as proof of the date of invention.
January 19, 2017 By AMS Advocaten
Since 14 April 2016 the General Data Protection Regulation (AVG) has been adopted in the Netherlands. This means that starting from 25 May 2018 only one privacy law applies throughout the whole EU, instead of different national laws.
January 9, 2017 By JGPC Business & Corporate Law
New Product Inventions Require the Right Protection. Without the right intellectual property protections, your new product ideas and inventions are just as likely to benefit another business as your own.
December 23, 2016 By The Law Offices of R. Sebastian Gibson
In order to avoid disputes later, a band needs a band agreement which states how the band will divide their profits and which provides how decisions shall be made, how departing band members will be paid and the rights to use the band name after a break up or a band member departs. With the advice of a music lawyer, the right business entity can be chosen, and a music attorney in California can be utilized to obtain copyrights, and trademarks for the band name.
December 23, 2016 By MMLC Group
In China, fonts are protected under the Copyright Law, Patent Law, and Regulations on Computers Software Protection. Unauthorized use of fonts usually constitutes an infringement. The area of law is not completely clear though.
December 22, 2016 By Nicoll Davis & Spinella, LLP
Generally, when people hear the term “fair use” they tend to think of usage that allows someone to legally use copyrighted materials without the owner’s permission. However, fair use is not limited to just copyright but there are a number of uses of another’s trademark that may be lawful and considered non-infringing.
December 19, 2016 By Loeb Smith
The Cayman Islands have taken significant steps in recent years to update and modernize the legal framework with respect to protection of intellectual property (IP). Traditionally, the Cayman Islands patents and trademarks registry only served to extend rights which had previously been registered in the U.K. or the European Union.
December 19, 2016 By MMLC Group
Earlier this month, China's Supreme Court looked at whether NBA star Michael Jordan had the right to invalidate a trademark registration for his name in Chinese characters and pinyin, filed by a third party without his consent.
December 17, 2016 By Ameli Inyangu & Partners
The competitive business environment in which many businesses operate requires them to constantly explore new ways to enhance their competitive advantage over rival businesses. One way of doing this is by imaginatively making use of trademarks to differentiate the products and services they offer to the public from those of competitors in the market.
December 12, 2016 By Law Office of Vasilios Peros, P.C.
Owners of small and mid-sized businesses can spend nearly all of their time running their business, and leave little time to plan the strategy for continued growth and transition to a sale or other exit. Owners hope for a healthy selling climate when the times comes – whether when they retire, cash out and slow down, or sell and find a new venture. Yet, lack of preparation for transition to exit can have a negative impact on achieving a high sales price and successful exit.
December 12, 2016 By Blair Foreman & Co.
Trade Marks are registered in Jamaica under the Trade Marks Act (“the Act”). In the Act, a trade mark is defined as any sign that is capable of being graphically represented and capable of distinguishing the goods or services of one undertaking from those of another undertaking.
December 9, 2016 By Law Office of Vasilios Peros, P.C.
Trademarks help consumers to make informed decisions about goods and services that they purchase. Selection of branding for a business should include advice from a marketing professional and a trademark search performed by an intellectual property attorney. The trademark search can identify issues that should be promptly addressed and should prepare a business to either avoid a trademark office action or to develop a winning argument in response to the office action.
December 5, 2016 By The Law Offices of R. Sebastian Gibson
A writer who signs a literary agency agreement or a book publishing contract without having it reviewed and negotiated by a literary rights or publishing attorney risks not having any idea how the terms contained in a ten to thirty page publishing contract can harm them. Scams abound in the publishing world and writers need to be aware before they sign a contract that obligates them to pay to have their book published and to purchase their own books.
December 1, 2016 By B&R Latin America IP LLC
Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled. Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled.
December 1, 2016 By Nicoll Davis & Spinella, LLP
Compliance programs, comprised of internal policies and procedures created in order to meet standards set by laws and regulations and to assure that a company is following the rules, were once thought to be somewhat of a “low priority” aspect of business (Priority #1: making money, of course).
November 28, 2016 By The Law Offices of R. Sebastian Gibson
By taking the right steps by having the right contracts prepared, documenting business dealings, limiting one’s exposure to jurisdiction in other states, understanding contract law, protecting intellectual property, avoiding breaches of fiduciary duty, incorporating to protect assets, and filing suit when necessary and going to mediation to prompt settlements of contract disputes, a business owner in California can save money and headaches and avoid unnecessary litigation.
Artists breaking into the entertainment industry often don’t know whether they need a talent agency, a personal manager or an entertainment lawyer to represent their interests. While a manager can help guide their career and help them find a talent agent, some just use a personal manager, while others utilize a talent agent, a manager, and an attorney. The terms contained in talent agency contracts and artist management contracts, as discussed in this article, are different as are their roles.
In establishing a new business, owners often seek legal advice in connection with branding their business by developing and securing their company’s intellectual property. Part of this inquiry typically involves the question, “Should we seek trademark registration of the named business brand or the company’s design logos, or both?”
In 2011 the World Intellectual Property Organization – WIPO developed an initial system called WIPO CASE, and in 2012 they enhanced the platform for the patent offices of Australia, Canada and the UK. Since June 1, 2015, any patent office is allowed to join the system but they need to notify the International Bureau. The office of interest has the option to choose if they want to be a proving office or only have access to the system.
Following accession to the World Trade Organization (“WTO”) in September 2014 and the signing of a Memorandum of Understanding with the Intellectual Property Office of Singapore (IPOS) in January 2015, Cambodia has upped its efforts in developing its intellectual property environment even further.
Product counterfeiting is responsible for enormous economic damage. According to a ruling of the Court of Justice of the European Union (CJEU), legal action can be taken against marketplace operators who allocate selling areas for counterfeit products.
The Senate unanimously approved the Industrial Property Law reform proposal (Ley de la Propiedad Industrial) in which the trademark opposition system was projected and came into force on August 30, 2016.
Piracy and copyright infringements are on the increase. As such, it is all the more important to take appropriate measures to protect one’s trademarks and intellectual property.
With a recent drop in trade mark official filing fees, Australia just became up to 50% less expensive for foreign trade mark applicants to designate in an international registration under the Madrid Protocol (international registration designating Australia, or IRDA).
Does your work involve trade secrets? If it does—or even if you’re not sure—there’s some new legislation that you should know about: the Defend Trade Secrets Act (“DTSA”), which was recently signed into law by President Obama. Here’s some information about the act and how it may affect you.
During the State of the Union 2016, the European Commission proposed the introduction of new and up to date EU copyright rules.
Trademark Authority of Saudi Arabia enacts the GCC Trademark Law:
The employment landscape has changed over the last few years and many small and mid-size companies today operate with outside help – contractors or freelancers who perform important tasks but who are not full time employees on your payroll, or even third party companies who consult on a new product or service.
No distinction is made between “Mac” and “Mc” for the purposes of trademark law. The General Court of the European Union (EGC) ruled that whether the syllable includes an “a” is of no great significance (Az.: T-518/13).
By KM Legal Net
Franchise can be a wonderful approach to achieving success in life, as for many people owning a franchise can be a less risky alternative to a standard corporate job. Surely, the empowerment this strategy represents and the reliance on a consolidated brand can be an attractive opportunity, but it is important to carefully consider the terms of the agreement you sign when becoming a franchisee.
More than many other industries, fashion thrives on the ideas, concepts, designs, and other creative contributions of its personnel.
It is not unusual that a contractor is declared bankrupt during a construction project. Most of the time, the project is continued by another contractor. But what about the architect’s copyrights on the design in this situation? Can the new contractor simply use this design?
"Failure to Use" as a Legal Ground to Cancel the Registration of the Trademark ‘’McDonald’’ in Armenia
In 2014 WEST LLC company registered in the Federation of Russia, has submitted a number of applications to the Administrative Court of RA, requesting to cancel the registrations of the trademarks owned by McDonalds Corporation and registered by the Agency of the Intellectual Property of the Republic of Armenia (McDONALD'S).
Panama has a Corporations Act, which facilitates business and investment, so it is recommended to entrepreneurs take advantage offered by this type of society, when starting your business.
This is a landmark patent case heard in the Singapore High Court by Justice George Wei. The plaintiff’s patent contained method of treatment (MOT) claims which are not patentable under Singapore Law. The plaintiff sought the Court’s leave to amend the MOT claims to Swiss-style claims, and the defendant opposed the amendment.
Thailand is gearing up to become a member of the Madrid Protocol concerning the International Registration of Trademarks (the “Madrid Protocol”). It began by amending the current Trademark Act B.E. 2534 (the “Act”) and introduced amendments to procedures, extended its protective scope and revised the deadlines and fees. It also introduced a new international trademark filing system, preparing Thailand for its accession to the Madrid Protocol.
Part of how any company moves from start-up to growing and thriving is to create a recognizable brand under which it operates. The brand provides a way to identify and distinguish yourself with customers, and it all begins with images that you use to represent yourself–and no one else–to the world. To prevent others from using the same or similar images, though, you need to obtain trademark protection.
You have gone through the painstaking process of starting a business, developing a brand for your business, namely, your business’ trademark, invested significant time and resources into this development, and suddenly you discover another business is using your exact trademark or a similar one. What can you do?
The government just denied a request from the music industry to change the royalty collection system. Here, we examine what's at stake and explain why change may be imminent.
Whilst the protection of Know-how and Trade Secrets is usually covered in local law there is often confusion as to how this will translate internationally and how will clauses covering this in a contract governed by one law be considered in another jurisdiction.
With the accession to the Madrid System for the International Registration of Marks by the Republic of Kazakhstan, foreign applicants and mark owners have been enjoying the benefits of the system, such as submitting a single international application in respect of several countries, including Kazakhstan.
While the worlds of law and fashion may seem as far apart as one can imagine, legal matters are inseparable from any career or aspirations in the fashion industry. To understand why fashion law is so important, one must start with what it is and why it should matter to you.
In China, pharmaceutical trademarks are regulated by both the pharmaceutical law and trademark law. Pharmaceutical generic names are prohibited to be registered as trademarks as per Article 11 of the PRC Trademark Law, but only those distinctive pharmaceutical names can be registered as trademarks.
The Internet has become an important business tool for brand promotion. Any company that wants to successfully put its products or services across to the public can’t get around the benefits of the global online market anymore.
In Romania, and perhaps in the rest of Europe, little attention seems to be paid to Data Protection and the implication of the regulations which are passed both at European Union and Romanian National level.
When a jury found that Robin Thicke and Pharrell Williams' hit song "Blurred Lines" infringed Marvin Gaye's "Got to Give it Up," the world was shocked, and the music industry panicked. Here, we explain why the year Gaye's song came out was a major factor in outcome - and why, if it had been written only a short time later, the verdict may have been different.
As social media continues to become further ingrained in our daily lives, businesses and individuals should consider its potential role in litigation - particularly intellectual property-related matters. Here, a few examples of lawsuits and potential lawsuits that have arisen specifically due to social media sharing.
Legal disputes have become increasingly common among breweries and distilleries. Companies are litigating not only over trademark confusion, but also the meanings of words like "craft" and "handmade." The outcome of some of these suits may have wider implications, impacting how certain beverages are labeled.
After years of litigation, the Supreme Court let stand a ruling that Google Books makes fair use of others' copyrights. What does that mean for you?
In the course of the business activity deregulation at compliance with the requirements of the Law of Ukraine No. 222-VIII «On Licensing of Types of Economic Activity» dated 2, March 2015 changes have been made to the List of the types of work of economic activity with the construction by the Regulation of Cabinet of Ministers of Ukraine No. 256 «Matters of Licensing for Construction of Objects of IV and V Categories of the Complexity» dated 30, March 2016.
In January 2016, the Hong Kong Court of Final Appeal (“CFA”) dismissed the appeal from TWG Tea group of companies (owner of the TWG tea salon in Hong Kong) on the right of use of the mark "TWG".
Franchise agreements: In general terms, a franchise agreement is a contract in which one part known as franchiser, allows the use of its intellectual property (Know-how, trademarks, patents, copyrights, etc.) to another person, called the franchisee, with the aim of economically exploit a business or company within a given geographical area.
The art world is full of fascinating pictures, sculptures, paintings and other works that capture various emotions or states of being. All too often, fans of these creations do not understand that they are not permitted to take copies or reproduce the items without permission from the creator. Sometimes, an individual is allowed to do so for private use only.
In present conditions the area of information technologies, particularly software development, is rapidly evolving. By the number of certified specialists in IT and volume of export of services for the software production, Ukraine ranks the fourth place among the leading countries of the world.
By DAB Law Firm
The procedures and principles regarding trademarks have been regulated in the Decree Law Regarding the Protection of the Trademarks (No. 556) (the “Decree Law”) and the Regulation on the Implementation of the Decree Law Regarding the Protection of Trademarks (the “Regulation”).
Registering copyrights is important in order to provide business owners and authors significant benefits, including statutory damages and reimbursement for attorneys’ fees, in the event someone infringes on their copyrights.
Last June, the EU Parliament started discussions and issued amendments on the European Commission’s Proposals for two new Regulations. Alongside, the FVE (Federation of Veterinarians of Europe) issued their comments on the amendments of the two proposals made by the EU Parliament, in September 2015.
“No other sector holds the promise to enhance quality of life, productivity and environmental sustainability through innovation like biotechnology, while also benefiting Europe’s economy and research base”. Carlo Incerti, Chairman of EurapaBio, 3η EuropaBio event on the Benefits of Biotechnology, Brussels, 23 June 2015
On March 18, 2016, the General Court of the European Union ruled that the well-known novel character Winnetou shall continue to enjoy trademark protection (Az.: T-501/13).
Since 2008, China has held the largest automotive industry in the world in terms of automobile unit production. While this success historically has been due to opportunities for joint ventures with companies such as Volkswagen, Audi, General Motors, and Toyota, recently, local brands have been increasing their role in the automotive market.
In the contemporary times, trademarks are becoming indispensable to the conduct of business. With an unprecedented increase in the number of people choosing to start their own business, trademarks have come to occupy an important place in the economy. This is because apart from giving a distinctive character to your business, trademarks also ensure that your goodwill and repute cannot be illegally harnessed by anyone else to their own advantage.
The term “Spa” is not a generic name for cosmetics and cannot be registered as a Community trademark. That was the verdict of the General Court of the European Union in its ruling of March 16 (T-201/14).
On June 2, 2016 Ukraine took the revolutionary decision on the judicial reform and the establishment of a Specialized Сourt for Intellectual Property!
There is usually a lot of confusion surrounding the kind of trademarks that can be registered under the Trademarks Act, 1999. While choosing an apt trademark that can be registered might seem to be a long drawn process, it is actually very simple. The trick is to be conversant with what cannot be registered.
In Vietnam, multi-class applications are acceptable i.e. an application can be filed for more than one class of goods or service with payment of additional fee for each additional class.
Formality examination: The trademark application will undergo formality examination within 01 month as from its filing date; However, in practice, it may be extended to further 01–02 months if there is shortcomings on formality of the application.
If you believe that your right and interest would be damaged by the registration of any trademark, and you have grounds for preventing the registration of such mark, you are entitled to file an opposition to the grant of Protection Title for such mark.
Many individuals and big companies in the world want to protect their trademarks Vietnam, Laos, Cambodia and Myanmar.
Most general terms and conditions include an exoneration clause. In this clause the user of the terms and conditions limits his liability for loss due to possible failure in performance. The courts regularly have to deal with the issue how such a clause should be interpreted and whether it is in fact reasonable at all to apply this clause.
With significant changes in the political landscape of Myanmar (also known as Burma), there are similar expectations for corresponding changes in the economic and business practices as well. This further affects the expectations of IP holders to better protect their rights in this country. Currently, Myanmar is working with the World Intellectual Property office (WIPO) and World Trademarks Office (WTO) to introduce new IP laws which include legislation covering trademarks.
The use of a third-party trademark in comparative advertising does not automatically constitute an infringement of trademark law. That was the decision of the Bundesgerichtshof (BGH), Germany’s Federal Court of Justice (Az.: I ZR 167/13).
President Obama recently signed into law the Defend Trade Secrets Act (“DTSA”) of 2016, which gives holders of trade secrets a new and powerful option to bring trade secret lawsuits under federal law.
One cannot seek to have a nationwide trademark invalidated on account of its registration in bad faith merely because a geographically restricted right has been impaired (BGH, I ZB 44/14).
The recent Higher Court decision in China, regarding a third party's application to register Apple's IPHONE mark on leather goods, as well as likely future developments in this matter.
Intellectual property is a unique area of law, and tends to involve complicated and highly complex cases due to the immense technicality and expertise needed in handling such cases. This article looks at the recently issued Supreme People’s Court's "Provisional Regulations of the Supreme People’s Court on Several Issues Concerning the Participation of Technical Investigators in Intellectual Property Court Proceedings" and how it will be applied in China.
The administrative procedure for domain name dispute resolution, which procedure is an alternative to the long and expensive judicial procedure before the court.
Who has standing to make opposition? Opposition may be made by any person claiming prior rights to exclusive use of the mark or any other interested person that has sufficient grounds.
Registration of trademarks in Uganda is enabled by the Principal Legislation on trademarks in Uganda the Trademarks Act No.7 of 2010 that repealed the Trademarks Act Cap 217 and Chapter 37 of the Penal Code Act Cap 120; and its regulations, the Trademark Regulations Statutory Instrument No. 58 of 2012.
A Trademark is a Living Asset. If you have a registered trademark with the United States Patent and Trademark Office (“USPTO”), you have taken a very important step in protecting your businesses’ brand. However, what happens after you receive that registration? Do you own your trademark forever? Not exactly. Once you have obtained a federal trademark registration, you must take certain steps to maintain the registration or you risk having it canceled by the USPTO.
The new regulation concerning European Union trade marks is set to come into force on March 23, 2016. What has hitherto been known as a Community trade mark will then become a European Union trade mark.
The Hague Apostille Convention of 5 October 1961 was born out of the need to simplify the circulation of documents between different states and countries in the world. The convention applies only to public documents that need to be authorized. If both countries are part of the convention, an Apostille will be sufficient.
Intellectual property as an autonomous branch of Commercial Law, is beginning to face a new technological challenge, since there are some inventions that are seeking to have a place on the market and claiming a protectionist environment and guarantees rights for their holders.
An associated trademark allows a business to brand new products and services with its primary mark or use derivative forms of its primary trademark. This type of trademark also allows a business to register a mark similar to one belonging to another business.
Having an employee sign a non-compete agreement and/or a nondisclosure or confidentiality agreement is one way to protect your company’s trade secrets and confidential and proprietary business information. However, often times companies may not have any agreements with their employees and a business mistakenly believes it has no way of protecting against the unauthorized disclosure of trade secrets or sensitive information.
Shakespeare once wrote, "What’s in a name?" Apparently, there’s a lot. The tussle involving Maruti Udyog and Maruti Piston Pvt Ltd is one such instance.
The basic reason why inventors/ companies go for patent protection is for the exclusive right that they hold over their invention for a specific period. But besides this obvious reason, there are other reasons why an inventor/ assignee would want to patent his invention.
Useful legal rules for choosing the best domain name and well as the necessary checks, that are recommended to be performed in order to avoid violation of earlier rights.
Polish legislator decided recently to simplify and quicken the trademark registration procedure. The changes introduced to the Industrial Property Law Act from 30th of July 2000 enter into force today. Beside shortening of the general timeframe of the procedure the biggest changes were made within the frameworks of the opposition proceeding and the trademark revocation claim procedure.
It is trite that copyright does not protect facts. No man may claim a monopoly over what is found in nature. Copyright only protects the expression of ideas - and even then - only the original expression of ideas.