Intellectual Property Law Articles

In litigation that already has lasted nearly twice as long as the war itself, volleys are still being fired over the copyright for a portion of the memorial to a war that ended in armistice and not peace. On May 14, 2012, Gaylord v. United States was remanded by the U. S. Court of Appeals for the Federal Circuit to the U. S. Court of Federal Claims for another shot at determining the amount of damages, the fifth courthouse battle in this protracted campaign.

Can a company that does business only in Asia, with all of its manufacturing, sales and deliveries taking place there pursuant to contracts signed in Asia, be held liable for infringement under the U.S. Patent Act? Yes, quite possibly, as explained in this article by an international technology attorney based in Taipei, Taiwan.

One encounters indemnification provisions so often in so many diverse agreements that it’s almost tempting to regard them as routine boilerplate. To do so would be a big mistake. This article provides valuable tips for negotiating and drafting appropriate contract language. The article was produced by the International Technology Law Blog, a publication of Asia Law, a firm of international attorneys based in Taipei, Taiwan that provides legal services for companies doing business in Asia.

This question comes from a lawsuit filed against Yves Saint Laurent America, Inc. by Christian Louboutin. Louboutin is a French shoe designer who is very well known for his collections of women’s high heel shoes with bright red out soles. Most women are familiar with the red soled shoes, and associate the color with the designer. The red soles have become a status symbol, a sign of luxury and wealth.

In a recent ruling, a Finnish District Court held that when an act of copyright infringement takes place through the use of a person’s open Wi-Fi network, by somebody other than the owner of the network, that same owner cannot be held liable for the infringing acts. The case was brought by the Finnish Anti-Piracy Centre, a coalition of intellectual property right holders. They collectively sued a woman who owned the network for €6,000.

With discussions on ACTA slowly reaching a point, a group of MEP’s known as the European Pirate Party (EPP) recently also issued their stance in regard to the trade agreement. In reply to the controversies that arose over the last months, the EPP released a 107 page eBook entitled ‘The Case for Copyright Reform’. The scope of this eBook is to make clear the EPP’s vision regarding the reconciliation of copyright protection and the widespread reality of digital sharing through the internet.

“License probation” often seems like a safe harbor – an acceptable and available result for a California State license-holder who has been faced with criminal charges and now must deal with the fall-out of consequences for the occupational or professional license. But in practice, license probation often operates as a black hole from which State licensees cannot emerge successfully.

Patent licensing demands can be extremely costly to resolve, often running into millions of dollars. Fortunately, when handled skillfully, in-house counsel should be able to successfully dispose of most licensing demands at little or no cost, without the need for licensing or litigation.

Colombia is the first Latin American emerging country to ratify the Protocol on the Madrid Agreement Concerning the International Registration of Marks of 1989. The Constitutional Court of Colombia has recently declared the conformity of the law No. 1455 of 2011 with the Constitution. Such law ratified the Protocol and provided a new procedure for trademark owners to protect their trademarks in Colombia’s emerging market.

Since 2008 the intellectual property market has witnessed an impressive surge in the green patents sector, which has been largely influenced by concerns about climate change, the energy crisis, the increasing pollution of the air and seas, and the failure of the Copenhagen summit on climate change of 2009. Latin America is just catching up with this global trend, providing a unique opportunity for investors looking for both profit and meaningful investments for solving current global issues.

Broadband is a game changing development and policy-makers are still in “catch-up” mode. Legislatures and courts have so far taken a fairly traditional approach to dealing with the protection of online copyright works. Ultimately, it is expected that creative creators will continue to think outside the square to develop new business models – and that this group will manage to stay “ahead of the curve” when it comes to generating value (and new revenue streams) from their creative efforts.

Transborder data flows are a significant concern for those interested and involved in cyber-security and information privacy. The issue is given particular focus in the context of cloud computing. A key new source of risk for users on cloud computing services is that associated with the storage of data and the execution of transactions in foreign jurisdictions. This whitepaper examines government and industry responses to cross-border data flows in the context of cloud computing.

Inadequate data security leaves businesses open to significant damage and embarrassment. Whilst data security is a key concern for any business when it considers the use of its IT resources, businesses that operate within, or are seeking to operate within, the cloud need to be particularly attuned to the increased risks and dilemmas that cloud computing poses for their data security. - Data Security in the Cloud - A Whitepaper by Nicholls Legal

The adequate protection of the privacy of personal and sensitive data has proved to be one of the key concerns that has emerged in the area of cloud computing. Adequate protection of privacy intersects with many other issues affecting cloud computing, including data security, jurisdictional concerns and contractual issues. Cloud Computing and Privacy - A Whitepaper by Nicholls Legal

The UK's Company Names Tribunal deals with objections by brand holders to the bad faith or opportunistic registration of company names. Consideration of the emerging body of CNT decisions highlights the importance to brand protection of a combination of a company name watch service and a readiness to deal with any abusive registration by a speedy, and appropriate, application for an order.

Copyright is a right granted to the creator of an original work to exclusive use of that work for a period of time limited by law. In Cyprus copyright is governed by the Copyright Section of the Department of the Registrar of Companies and Official Receiver. The governing laws are: N.63/77, N.18(I)/93, N.54(I)/99, N.12 (I)/2001, N.128 (I)/2002, N.128 (i) 2004 and N.123 (I) 2006.

A patent is a right to ownership of an invention granted to the inventor by the government. It allows the patent owner exclusive use of (and the right to license out use of) the invention in return for revealing it to the public domain.

The logo, symbol or design of a company is a commodity that serves to distinguish the goods or services of one company from those of its competitors. Once created, a trademark can be registered and will enjoy an initial seven-year period of protection from the date of filing of the application, which is renewable every fourteen years thereafter.

In a decision filed on April 10, 2012, the Ninth Circuit in United States of America v. Nosal, No. 10-10038 (9th Cir. 2012), put itself squarely in conflict with the Fifth, Eleventh and Seventh Circuits.

A trademark is a distinctive sign or indicator that is used by a business or an individual to distinguish his goods or services from others on the market. The trademark will be unique to that business or individual and will serve to identify the source of the goods and services. A trademark may consist of: words; signs; symbols; logos; pictures; shapes; colours; letters; phrases; designs and images or a combination of such elements.

Under the majority “American Rule,” parties are generally required to bear their own attorney’s fees in civil cases. For over 100 years, however, Texas has been in the minority that allows courts to award attorney’s fees to prevailing parties for certain claims, such as for breach of oral or written contracts.

The registration process begins filing an application before the Venezuela Trademark and Patent SAPI , after in obout one month, the Trademark and Patent Office will make a preliminary examination to verify if the application complies with the formal requirements. Whether the application is in order its publication in the Intellectual Property Gazette, otherwise it will make an observation.

The registration process begins filing an application before the Peruvian Trademark and Patent Office: national institute for the defense of competition an protection of intellectual property:INDECOPI, after in obout one month, the Trademark and Patent Office will make a preliminary examination to verify if the application complies with the formal requirements. Whether the application is in order its publication in the Intellectual Property Gazette, otherwise it will make an observation.

Trade Marks in Cyprus: Registration, Protection and Infringement of Trade Marks and Community Trade Marks in Cyprus

OEM (Original Equipment Manufacturing) also referred to as “label manufacturing” or “label processing” in China involves a business model in which an overseas product owner (“consignor”) engages a domestic manufacturer (“consignee”) to manufacture products on which a foreign trademark owned by that consignor will be labelled.

The registration process begins filing an application before the Panamanian Trademark and Patent Office: he General Directorate of Registration of Industrial Property (DIGERPI) of the Ministry of Commerce and Industry, after in about one month; the Panamanian PTO will make a preliminary examination to verify if the application complies with the formal requirements. Whether the application is in order its publication in the Official Gazette, otherwise it will make an observation.

The registration process begins filing an application before the Mexican Trademark and Patent Office: the Mexican Trademark and Patent Office: Mexican Institute of industrial property IMPI (www.impi.gob.mx) after in about one month; the Mexican PTO will make a preliminary examination to verify if the application complies with the formal requirements. Whether the application is in order its publication in the Official Gazette, otherwise it will make an observation.

The registration process begins filing an application before the Bolivian Trademark and Patent Office: SENAPI, after in about one month; the Bolivian PTO will make a preliminary examination to verify if the application complies with the formal requirements. Whether the application is in order its publication in the Official Gazette, otherwise it will make an observation.

In the light of the closure of the largest file storage systems in Ukraine (Infostore.org, Eх.uа, Upload.com.ua) the joint research of the Investment and Trade Foundation (ITF) and Cai & Lenard Law Firm on the protection of intellectual property in the Internet becomes actual.

The Inspector of Ministry of Culture, Sport and Tourism, and the Business Software Alliance (BSA) has made The Software Copyright Protection Propaganda Campaign. The campaign is launched on 5/10/2011 in Hanoi and on 5/12/2011 in Ho Chi Minh and authorize Mr. Vu Manh Hung – Industrial Property Attorney, belonging Vugia and Partner, to make propaganda to IT shops across Vietnam for enhancing knowledge of law as well as provide Poster of campaign.

Trademark assignment in China, if you want to obtain a trademark in China what shall you do, what documents shall be submitted for trademark assignment? What the advantage of trademark assignment?

Recently, McDole, Kennedy & Williams has received multiple requests to evaluate official-looking trademark registration notices received by clients. These official-looking notices claim to be from governmental trademark offices, alleging that the client must pay fees in order to maintain his/her trademark and rights.

A trade name can be the legal name of a company or may be a name under which it does business even though not actually incorporated under that name. For reasons that are primarily historical, trade names themselves are not federally registered, although may be registered by states.

The Stop Online Piracy Act, or SOPA, is a United States bill introduced in October of 2011 in order to help combat the online theft of intellectual property and its injurious consequences, both for large companies and for artists personally. While supported by movie studios in California, the Act became the focus of widespread criticism and an online protest. A lawyer explains the Act, its controversy, and examines whether it could serve as a solution to the problem of online piracy.

Anyone who crafts original work, such as a piece of writing, music or physical art, is entitled to copyright on that creation. By law, a copyright is a kind of security given to the authors of original works. When you've successfully fashioned something creative, be it a manuscript , a song or a painting, you're entitled to file a copyright for your material. A copyright is a legal term which assigns exclusive rights to the maker of the original content.

Trademark licensing in China, this article will introduce the procedure of trademark license in China. 1. What is the license of a trademark? The trademark has an exclusive right after being approved to register. The license of a trademark refers to the trademark right holder authorize another person to use the trademark through legal procedures, commonly through concluding a license contract.

The information in this article is intended as quick reference for a person or business thinking about Trademark Registration in Ghana. Trademark registration in Ghana is governed by the Trademarks Act of 2004, Act 664. Before an application for registration of trademark is submitted to the Registrar, it is advisable for a trademark lawyer to review the application and conduct a preliminary search.

This article looks at how damages are awarded in Chinese trademark infringement cases. The principle regulations on trademark infringement damages in China are in Trademark Law of People’s Republic of China (the Trademark Law). Article 56 of the Trademark Law (Article 56) provides two methods on how to calculate the damages in trademark infringement cases.

Software copyright registration in China, Software copyright recording in China and the requested documents for Software Copyright registration.

Non-Disclosure Agreements (also commonly known as Confidentiality Agreements) are used in a variety of business relationships. Here are some of them: A prospective employee, independent contractor or consultant to a business will be asked to sign one as a condition to being hired.

Contracts with Architects are different from many other construction industry contracts. First of all, the contracts are usually form contracts drafted by the American Institute of Architects (“A.I.A.”), and are typically more favorable to the architects, and not the property owner or client.

What is the procedure for the review of trademark refusal? With respect to the trademark review of refusal, it means that trademark application (including application for trademark registration, opposition, assignment, renewal, cancellation and etc.) has been refused by the Trademark Office, where the applicant is dissatisfied with the decision of Trademark Office, he or it may file a request of review to the Trademark Review and Adjudication Board within the legal time limit.

Trademark opposition, how to file a trademark opposition? What is the procedure for trademark Opposition?

Patent license in China, how to license a patent in China. What is Patent Licensing？ Patent licensing is a transfer of the right of use, the IPR owner allow the licensee to use his/her patent within the stipulated area by conduct an agreement in accordance with the provision of Patent Law.

How to record or register copyright in China, the way of copyright record in China, copyright registration. What can be applied for copyright record?

A copyright infringement battle that has been ongoing for over a decade may soon find itself at the steps of 1 First Street NE. On December 6, 2011, a petition of certiorari was filed in the case of Perfect 10, Inc. v. Google, Inc. (11-704).

MIFF Sdn. Bhd. v Kuala Lumpur & Selangor Furniture Entrepreneur Association and Ors [2010] MLJU 1216. The Plaintiff is involved in providing services relating to the organizing and holding of exhibitions, trade fairs and shows in the furniture industry by reference to the name MIFF. MIFF is registered as a trademark since 9 March 2000 in Class 35 for aforesaid services in general.

Liquor laws in Michigan are among the most complex out of all of the United States. Being able to navigate these laws efficiently yet with care requires both knowledge and experience. If you are looking into acquiring a liquor license, there are a number of things you should know before you begin the process.

The reason that SOPA garnered so much attention was largely due to vague language that seemed to provide the government with a very wide scope of power to shut down websites and block access. While the possibility of restrictions may have looked like censorship to a public used to a laissez-faire approach to internet access, the main targets of SOPA were primarily foreign websites that hosted libraries of pirated content.

Reward for patent inventors is a compulsory obligation for all companies in China. Further, the standard of the reward and remuneration has been increased since 2010. However, it is still subject to the agreement between the company and inventors or the bylaws of the company.

More and more companies today are involved in social media marketing and have built up followers on Twitter, LinkedIn, Facebook and other social networking sites. A recent California case against a writer who took his company’s Twitter following when he left and used the account for personal networking may have a significant impact on whether social media contacts are protected against the injurious consequences of employee theft, as is the case with client lists, explains a lawyer.

In University of Alabama Board of Trustees v. New Life Art, the U.S. District Court for the Northern District of Alabama recently considered the issue of whether the University of Alabama had trademark rights in its school colors of “crimson and white.” Alabama’s board of trustees sued painter Daniel Moore, an artist renowned for his oil paintings of great moments in football history.

The trademark as an exclusive right shall be acquired by registration in the Bulgarian Patent Office. Rights to register belong to the first applicant. Matter regulating trademarks contained in Marks and the geographic names Act. This law provides the conditions and the order for registration of the marks and the geographic names, the rights ensuing from it and the protection of these rights.

Following a seemingly worldwide internet protest on the 18th of January 2012, support for the controversial ‘Stop Online Piracy Act’ (SOPA) and ‘Protect Intellectual Property Act’ (PIPA) stalled abruptly as eight members of Congress withdrew their support for the bills.

Here are the facts on SOPA and PIPA and why Wikipedia went black on January 18th, 2012. The arguments for and against SOPA/PIPA are discussed as well as what the effect could be on you, your website and your ultimately your business. By: Maria Crimi Speth and Ashley A. Marton

A brief summary of some positive and negative consequences of the America Invents Act. America Invents Act: Pros and Cons - by Todd Juneau

New U.S. Patent Law: Leahy-Smith America Invents Act by Todd L. Juneau Juneau Partners Law Firm - September 16, 2011, President Obama signed into law the Leahy-Smith America Invents Act ("AIA"), H.R. 1249, which was passed by the U.S. House of Representatives on June 23, 2011. 

The AIA makes significant changes to U.S. patent law, including the following provisions.

There are two types of patent application in Hong Kong, one is Standard Patent Application which can be protected by law at most for 20 years, and another one is Short-term Patent application which can be protected by law at most for 8 years. Apply for a Standard Patent Application in Hong Kong has two stages.

While “legal malpractice claims traditionally fall under the domain of state courts,” the Texas Supreme Court recently held that those claims may fall within the exclusive jurisdiction of the federal courts when an underlying patent issue “is necessary, disputed, and substantial.” Minton v. Gunn, 2011 WL 6276121 (Tex. Dec. 16, 2011).

After almost half a year of ‘corruption lawlessness’, on 7 April 2011, the Law of Ukraine On principles of prevention and countering of corruption in Ukraine, N 3206-VI and the Law of Ukraine On Amendments to Certain Legislative Acts of Ukraine concerning responsibility for corruption, N 3207-VI (hereinafter referred to as the “Anti-Corruption Laws”) were finally adopted. Both legislative acts entered into force on 1 July 2011.

Generic top level domains known as “gTLDs” are about to change. If you are thinking that this may be interesting but has no effect on you or your business, think again. Brand owners have several options for protecting their trademarks in this new unlimited gTLD system. By: Maria Crimi Speth

One of the important issues to emerge with respect to the development of software is the integration of open source software in the application, platform or program. Any company developing software, outsourcing the development thereof, or obtaining software through an acquisition, must understand the risks associated with its use, and establish precautions to prevent the unknown integration of open source software into its key technologies.

An efficient way to protect your IP rights in China.

Changes in the Draft Revision of Chinese Trademark Law - predictable changes in the Chinese Trademark law.

This article looks at the development of the legislation and policies regarding the recognition and protection of well-known trademarks in China.

The Federal Circuit revisited the Inequitable Conduct Doctrine and made changes to the intent and materiality standards. How will these changes affect the patent process?

In the 21th century, trademarks are recognized as the most valuable asset of any business on worldwide arena contributing to its goodwill and building up customer loyalty. Such tendency has also closely been observed in the market of Uzbekistan, where trademarks are acquiring the role of significant company property. Developments in business and commerce during the last decades have increased the value of trademarks in national market, as well as have generated foreign investments in the area.

This article shares the views on the Foreign Investment Operations in the Democratic Republic of Congo including Employment, Business Taxation, Environment, Physical Planning, Health & Safety, Consumer Protection, Competition Policy & Law, Monetary Policy, Foreign Exchange and Foreign Investors, Public Procurement, Intellectual Property, Investment Protection and Dispute Settlement.

Enforcing one's patent in litigation can be a costly endeavor. For a relatively simple infringement case, the American Intellectual Property Law Association has reported that across the United States the cost may on average run in excess of $1 million. With that expenditure, many potential plaintiffs turn to a contingency lawyer to bring suit.

Grand Rapids, MI intellectual property attorney Terry Linn discusses Uniloc v. Microsoft. A “rule of thumb” used by accounting experts for many years to approximate royalties in patent cases is no longer admissible in the courtroom.

Since 2006, Hong Kong has considered different proposals for copyright reform to facilitate the development of copyright protection and to cope with the rapid changing digital environment in Hong Kong.

This article looks at the options for proceeding with IP infringement claims in China, with an emphasis on court action, procedural issues, and recent damages awards provided by Chinese courts.

Registering a trademark in Egypt shall be carried out in accordance with the Intellectual Property Law No. 82/2002. Registering a trademark is not mandatory to use it in Egypt. However, it is preferable that the trademark's owner have his trademark registered. Said registration shall grant the owner of the trademark the exclusive right to use and license his trademark, prevent the other form registering same and take the legal procedures against any infringement of said trademark.

A guide on litigating a patent dispute in Israel.

Delhi High Court rejects IA seeking amendment in claims as allowed in another suit without amending the present suit. The Court also relied on certified copy of Patent Office wherein the amendment sought in claim did not reflect. Court observed that it is well settled that a case is decided on the facts involved therein as are emerging from the pleadings duly proved by the evidence adduced in support thereof.

An advertisement by itself in a Trade Mark Journal would not confer jurisdiction on a Court within whose territorial limit the advertisement is published or is seen. In the opinion of this Court, if an application for registration of the impugned trade mark is made in the territorial jurisdiction of a Court that Court would have jurisdiction to try the suit relating to the particular trade mark.

Corporate law attorneys are required in a number of aspects of a business and business affairs. Legal orders may sometimes require you to necessarily incorporate a new company to make sure that the correct paperwork is filed with adequate governmental requirements.

In this article we will discuss the author's right, particularly, the author's moral rights and whether it may be assigned or not. The Intellectual Property Law No. 82 of 2002, Third Book, regulates the protection of the copyright and the author's rights on his work.

The Stop Online Piracy Act (SOPA) is under attack. Users of the Internet’s most popular web sites say that the legislation is tantamount to censorship. This blog post provides a primer on this controversial piece of legislation and considers the delicate balance between copyright interests and free speech. By Kristen Knauf on 11/17/2011

If society continues to insist that creative works are part of a growing and widely accessible “cultural commons,” copyright holders may be at serious risk.

The new Patients’ Right to Know Act, which became law earlier this year, restored consumers’ right to access this information. The Illinois Department of Financial and Professional Regulation (IDFPR) recently launched a website which contains profiles of physicians currently licensed in Illinois.

Canada is the foremost foreign destination for expanding franchises and a preferred entry point for cross border franchisers, especially for those seeking to enter the North American market. With high per capita personal incomes, a stable and reliable economy, and a sophisticated consumer culture, many franchisers find Canada to be an opportunistic and rewarding market. However the Business Franchise Law in Canada is too stringent and hence seeks attention.

In Cyprus the registration of trademarks with the Registrar of Companies is governed by the Cyprus Trade Mark Law, CAP 268 and the Trade Mark Rules 1951 as amended. Cyprus law provides for the recordal of a license with the Registrar of Companies however its provisions are not mandatory. A non-registered trade mark will be valid in Common Law.

The Copyright Act protects a wide variety of works of authorship. Unfortunately, not all copyright owners have the same resources to initiate a lawsuit that requires substantial time and money

How to provide the evidence of cancelling three years non-use trademark in China? What evidence should be of cancelling three years non-use trademark in China? What should be aware of when providing evidence of cancelling three years non-use trademark in China?

Trademark registration provides many advantages, but does it establish ownership of the mark?

The Ninth Circuit Rules that 523(a)(19) of the Bankruptcy Code does not apply to innocent wrongdoers who are the recipients of ill-gotten gains through securities fraud.

Pakistan as a member of WTO and signatory to the Agreement on Trade Related Aspects of Intellectual Property Rights undertook to amend its patent law to conform to TRIPs' obligations. Beside TRIPs' requirements, the industrial developments since 1911 have also made it mandatory to amend the Patents & Designs Act, 1911 (A Memorandum on Pakistan's new Patent Ordinance, 2000) Effective December 2, 2000

We welcome the decision issued by the Peruvian Trademark Office (INDECOPI) that upheld the opposition against the registration of the trademark Billalcon Surfers and logo in Class 25 by Jose Almeida Contreras.

This article looks at the latest draft of China's proposed new trademark law, focusing on some of the major changes to trademark law practice that this draft intends to make. Many commentators expect this draft to become law in early 2012.

Recipe for Success: Know the Law, Know the Judge, and be Professional.

In a preliminary ruling passed by the Grand Chamber of the European Court of Justice on the 4th October 2011, the court laid down a variety of principles which may bring about changes for the television service market.

This update looks at major recent developments in legal and business issues in China.

The Agricultural and Processed Food Products Export Development Authority of India (APEDA) & Ors v Syarikat Faiza Sdn Bhd [2011] 2 MLJ 768.

The Fifth Circuit recognizes four “private factors” and four “public factors” to be considered when deciding a motion to transfer venue under § 1404(a). Should a fifth consideration be added to the list of public factors?

Resolution 1181-TPI/Indecopi, issued on June 6, approved an $82,290 fine for a trademark infringer. This is considered to be a drastic yet justifiable sanction given the nature of the infringer’s illegal conduct.

How to register trademarks in Jordan.

The U.S. Patent and Trademark Office (PTO) is currently studying the recently-issued and much-anticipated opinion by the Federal Circuit in Therasense, Inc. v. Becton, Dickinson & Co. (Fed. Cir. 2011)(en banc), hereinafter referred to as "Therasense." On May 25, 2011, the Federal Circuit delivered its opinion, changing the criteria for establishing a defense raised in response to an allegation of inequitable conduct.

One, two, three, four! I just counted the wheels on an automobile. In counting to four, I noticed that the car had at least one wheel, at least two wheels and at least three wheels. Regardless of the particular product, many patent infringement law suits have erupted into a dispute over how many of a particular component are covered by claims in a patent for that product.

In Microsoft v. i4i, the U.S. Supreme Court confirmed that patent invalidity must be proved by clear and convincing evidence. Microsoft v. i4i, --- S. Ct. ----, 2011 WL 2224428 (June 9, 2011). The Court's unanimous decision supports strong patent rights because it maintains the heightened clear and convincing standard for proving invalidity as opposed to the lower preponderance of the evidence standard advocated for by Microsoft.