Intellectual Property Law Articles

A “shadow company” is a company incorporated with a company name similar or identical to another’s trademark or trade name and without authorization by the trademark or trade name owner. These shadow companies often do not carry on any active business in Hong Kong and are established only for the purposes of engaging in counterfeiting activities in Mainland China or elsewhere and cashing in on the purported connection with famous trademarks or trade names.

To create an order in the investment activity, the authorized body needs to set out a line of licensing process before an investor could conduct the investment activity in the territory of Indonesia. Investment Coordinating Board (Badan Koordinasi Penanaman Modal) (“BKPM’) introduced a system, namely Integrated One Door Service (Pelayanan Terpadu Satu Pintu) (“PTSP”) whereby investors can enjoy certain facilities.

Protection of well known trademarks by the New Act is in recognition of the more modern concepts of trademark protection. Though the Indian Courts were actively protecting well known Trademarks, Statutory protection is a step in the right direction.

It is not necessary to register a copyright for claiming the copyright. The acquisition of copyright is automatic and it does not require any formality. However, certificate of registration of copyright and the entries made therein serve as prima-facie evidence in a court of law with reference to dispute relating to ownership of copyright.

A trademark's viability depends on continued use and vigilance. When it comes to trademarks, the law has a "use it or lose it" philosophy, which makes sense in light of a trademark's role as an identifier of the source of goods and services. If there are no goods and services that are being promoted through use of the trademark, it no longer functions as one. A subsequent user can file to cancel a dormant federally registered mark, or can defend an infringement action based on abandonment.

In the course of business activity companies often face the necessity of transfer of Internet websites. The difficulty of this transfer is that a website in the Republic of Belarus is not considered as an object of intellectual property in contrast to Russian Federation. However, other objects of intellectual property can be used on a website (for example, website design, data base, trademarks and others).

It is not recommended to think, ...that the idea of using solar power for mechanical operations is recent. (1)

There are three different ways of trademark rights protection in China.

Nowadays, China has become one of the most important overseas markets for more and more foreign countries. At the same time, many foreigners, foreign enterprises or other foreign organizations, start to pay more attention to the intellectual property protection in China. In this article, the author will present the ways of protecting patent in China.

In Costco v. Omega, the Ninth Circuit held that the first sale doctrine was not available as a defense to unauthorized importation and distribution of a U.S. copyrighted work that was first made or sold outside of the U.S. under the authorization of the copyright owner because the Copyright Act does not extend to activity outside the U.S.

Anyone who is familiar with the internet knows that when you do a search you get some results that are advertising.

At what point in time is a copyright application considered to be “registered” so that the owner of the copyright can sue for damages under the U.S. Copyright Act of 1976? Is it when the copyright holder’s application is received by the Copyright Office (the “application approach”)? Or is it when the Copyright Office issues a certificate of registration (the “registration approach”)?

A recent decision by the United States Court of Appeals for the Second Circuit in Penguin Group (USA) Inc. v. American Buddha may make it easier for New York plaintiffs asserting copyright infringement over the Internet to haul infringers into court in New York.

A recent decision by the Southern District of Florida in Forman v. W. Allen Morris clarifies the scope of copyright protection that is available when identical language is protected by a registered copyright in one medium but is then infringed in another. See Forman v. W. Allen Morris, 2010 U.S. Dist. LEXIS 67434 (S.D. Fla. July 6, 2010).

Do you know the Ethiopian law protects your industrial designs? What takes for an industrial design to be protected under Ethiopian law is to be registered under The Ethiopian Intellectual Property Office.

The Industrial Property Commission bill has significantly reduced the duration required for trademark renewal.

A patent is usually a form of market monopoly granted to the inventors by a government authority as an incentive to invent or innovate. This grant is usually for the period of 20 years.

In order to improve the efficiency and transparency in filing and processing of Patent Applications and to ensure accuracy of Patent data as well as related certificates provided by the Patent office, the Govt of India has proposed to make e-filing of Patent applications mandatory. The draft of proposed amendments i.e. Patent (Amendment) Rules 2011 have been published for inviting public opinion and is expected to be notified soon.

In a successful infringement action, when an importer commits an infraction, it is possible to file a judicial demand, because bad faith has already been shown. This can result in a jail sentence.

Defending against copyright infringement.

Website copying is common because of the popular myth that if something is on the Internet; it is in the "public domain" and therefore can be used by anyone.

The appellants manage the football leagues in Britain and each year they hold a tournament in which the teams in each league play against each other.

Legal systems are not equal or always similar in every country in the world. However, all legal systems provide protection for any movable or immovable property legally acquired and owned by individuals and legal persons in that particular country/territory. On the other hand, “Property” in its general meaning is tangible.

The present article seeks to provide parties having registered trademark rights in Guatemala with a general legal and practical overview concerning post registration matters that will or may arise in respect of their existing or soon to be acquired trademarks.

In November of 2010, the regime of liability for trademark licensors in Costa Rica was substantially expanded with the issuance of new regulations. As it currently stands, this liability is virtually limitless regardless of fault.

Jack LaLanne passed away on Sunday, January 23, 2011. Mr. LaLanne devoted his life to health and physical fitness. When you hear his name or see his likeliness you immediately think of exercise and nutrition which is her legacy. So, it is only fitting that prior to his death he filed for trademark protection of his “image” with the United States Patent and Trademark Office. So that she would be protected.

On December 30, 2010, Chongqing No.5 Municipal Intermediate People's Court issued a decision on the Pepsi Cola – Tianfu Cola case, establishing that Pepsi shall cease to use Tianfu group’s technology secrets and know-how (including Tianfu Cola’s component, formula and business secrets with respect to the production), return the formula, as well as all the documents with respect to Tianfu group’s technology secrets and know-how.

State Administration of Industry and Commerce (hereinafter "SAIC") issued the Measures on the Management of Trademark Agency (the "Measures") on July 12, 2010, according to the Trademark Law and the Implementation Measures of the Trademark Law.

The Intellectual Property Court recently issued a welcome resolution stating that when products are not covered by a registered trademark, but are similar to goods explicitly mentioned in a certificate of registration, the goods have effectively been used and therefore the registration cannot be canceled.

New Patent Annuity Regulations in Ecuador increased maintenance fees and changed the payment deadlines, annuity number and amount to pay. Changes affect granted patents, new and previously filed applications. It is very important to establish the new rules to avoid the abandonment of the patents...

The starting point for developing a strategy is a solid assessment of the facts and surrounding circumstances.

Step by step overview for how to Trademark a logo.

Recently, the question of the liability of customs relating to handling the infringing goods was discussed by the District Court of Petah Tiqwa.

Distance learning has become an increasingly popular means of teaching educational topics to students on-line in undergraduate, graduate and professional development venues. Such distance learning classes strive to match the face-to-face classroom learning experience, which often incorporate display of copyrighted materials,1 in particular digital formatted works, such as photographs, sound recordings and movies to supplement and fortify the learning experience.

The term “prior art” encompasses what is known to the public before a certain time, usually, what is known prior to development of an invention. Prior art includes articles, domestic and foreign published patent applications and issued patents, lectures, slide shows, books, and the like. A prior art search allows you to gain a better understanding of the state of the prior art prior to filing a patent application or releasing a new product to the market.

With over 9 million horses in the United States and over 58 million horses worldwide, many savvy entrepreneurs have sought patent protection for their equine related inventions. For example, horses can be severely bothered by flies and other insects especially when the insects fly into the horse’s eyes. The headlined photographs illustrate two examples of “fly masks” which could be used to combat such eye irritation, at least one of which was patented.

For over one hundred years, Thomas’ English Muffins has been making its english muffins with the famous “nooks and crannies.” Until this year, Thomas’ probably thought its secret to the muffin was safe. However, Chris Botticella, a former senior vice president for Bimbo Foods, the owner of Thomas’ English Muffins, is involved in a lawsuit with his former employer after he accepted a job with its competitor Hostess.

Do you want to transfer a copyright, but aren't sure how to do it? Here's a short guide to what the process entails.

Suppose you have an inside lock on the world's best widgets. Not now, but at some point in the indeterminate future, you intend to create an Internet e-commerce site from which you'll sell them.

In a nutshell, intellectual property law protects the work product of one's imagination or mind. However, this is not all it does. Not only does intellectual property cover copyright, trademark, and patents, but it also covers publicity and privacy rights, as well as trade secrets. At the very least, a cursory knowledge of the law in this area can be a real asset and can actually help to prevent a lot of potential problems that can arise.

Many of you would recognize the name CBGB from t-shirts and slogans, all without knowing that the name originated from a legendary music venue in Manhattan. Even more interesting, the club has been closed since 2006. Yet, the investors who purchased it bought it for the naming rights, not the club. These rights, called intellectual property rights. So the question is, what happens to those intellectual property rights during a Chapter 11 Bankruptcy?

Industrial design rights are intellectual property rights that protect the visual design of objects that are not purely utilitarian.

The Peruvian judiciary provided a pleasant surprise recently, with its view of an appeal against a Peruvian Patent and Trademark Office (INDECOPI) resolution rejecting a patent trademark opposition case.

The development of the IP system depends on the effective enforceability of IP rights. Bangladesh present IP enforcement mechanisms are well organized and the agencies are now well coordinated and their effective measures can limit the number of violations.

Delhi High Court vide its judgment dated October 8, 2010 in re: Reckitt Benckiser (India) Ltd. v Wyeth Ltd. (FAO(OS) No. 458/2009), held that prior foreign registration would amount to publication of such design and its availability in public domain in India or abroad.

The Trade Mark Rules, 2002 have been amended and Trade Mark (Amended) Rules, 2010 have come into force with effect from May 20, 2010. The major change is amendment in Fourth Schedule of the Trade Mark Rules i.e. adoption of all 45 international classes.

How to respond to the ex officio refusal(provisional refusal) of International Registration(IR) of trademark in China?--Guidance to trademark review of refusal

In this article the author gives some practical tips and information on trademark registration in Latvia.

Is My Domain Name a Trademark? This is not only a common legal question but also a great question as the answer is - it depends! A domain name simply is an address on the Internet.

Whether your business has always been Internet based or your traditional brick and mortar business has evolved to a click and mortar business, you have a website. It's likely that you know that you need the fine print - "terms of use" and a "privacy policy."

Under Section (5) of the Trademarks Act of Nigeria, the right of a proprietor of a registered trademark is deemed to be infringed by any person who, not being the proprietor of the trademark or a registered user thereof, using it by way of permitted use....

The Lego brick is not registrable as a Community trademark: it is a sign consisting exclusively of the shape of goods necessary to obtain a technical result.

It is well accepted that each of us, to maintain our health, should have periodic medical and/or dental examinations. Likewise, most people maintain their motor vehicles with a periodic tune-up and test.

The Patents Act, 1970 does not defines what a patent is, instead it just says that a patent means a patent for any invention granted under the Act, which does not gives a clear picture about the meaning of the term Patent.

Article 147 of the Andean Regulation says that during opposition proceedings, the owner of or applicant for a trademark previously filed in any of the Andean community countries (Ecuador, Colombia, Bolivia and Peru) has the right to file an opposition against any similar or identical trademark applied for in another Andean country.

While not required under U.S. Patent law, marking is beneficial in providing constructive notice to others that the product is patented and damages for infringement may accrue from the date of constructive notice.

Section 1201 of the copyright law (17 U.S.C. §1201(a)(1)) requires every three years that the Librarian of Congress determine whether there are any classes of works that will be subject to exemptions from prohibition against the circumvention of Digital Rights Management (DRM), which is a form of technology that controls access to a copyrighted work.

In June of this year, the Supreme Court of the United States handed down the ruling in the case of Bilski v. Kapos, which as we all hoped, would have provided a clear definition, or test, of what is considered to be patentable subject matter. Unfortunately, the Bilski decision provided little guidance.

This article looks at the various laws and regulations that can be used to protect privacy in China. It goes on to analyze a recent court decision regarding Article 253 of the PRC Criminal Law, which has expanded the scope of this provision for the benefit of privacy.

Danone Biscuits Manufacturing (M) Sdn Bhd v Hwa Tai Industries Bhd [2010] 8 MLJ 500, High Court. The plaintiff, Danone Biscuits Manufacturing (M) Sdn. Bhd. has been manufacturing and distributing ChipsMore chocolate chip cookies in Malaysia since 1990. The defendant, Hwa Tai Industries Bhd, is another manufacturer of chocolate chip cookies bearing the trademark ChipsPlus.

Lockheed Martin Corp v Raytheon Co [2010] 7 MLJ 624

Stating that you have a 'green' product or service may bring you business, but be careful that you can back them up with verifiable data.

The State Council of the People’s Republic of China issued the new Detailed Rules for the Implementation of the Patent Law (the Detailed Rules) on January 9, 2010. The amended Detailed Rules causes some changes regarding the legal rights of service invention employees.

It is encouraging that the Government has taken initiative to update the Department and started the automation process.

Understanding the fundamentals of registering a Trademark is important when, for your business.

Estonia is undergoing changes in domain regulation, which will provide registration rules for the top-level domain .ee. The transition period for the implementation of the new regulation starts on July 5, 2010.

Introduction: Thailand protects intellectual property rights via three main statutes. These statutes include the Patent Act 2522 (1979), Copyright Act 2537 (1994), and Trademark Act 2534 (1991).

Trademarks are used by individuals and businesses to identify and distinguish themselves from their competition.

Trademark owners get less and less from the Registry. Not long ago, applications would be examined to ensure that they did not conflict with anything already on the register and would be refused if they did.

It is also now possible to file electronic trademark applications, and while the payment of government fees can be made by a credit card, it is still necessary to list a domicile within the Peruvian Territory.

Improper final Office actions from the U.S. Patent and Trademark Office can be costly have rescinded. A more cost-effective strategy is to avoid them. This article discusses a few strategies to do just that.

A strong attorney/client relationship does not happen by accident. It's the result of the mutual efforts of the patent attorney and client. A good attorney can take steps to keep the relationship on the right track, but he or she cannot do it without a client's help. Here are some tips to help you do just that.

Minimizing argument estoppel leads to broader claim scope, which translates into more valuable patents. Patent prosecution in the U.S Patent and Trademark Office can be complex an fraught with pitfalls. Experience in effectively traversing rejections while preserving as much patent scope as possible is a key to maximizing the value of a resulting patent.

Copyright law provides a creator with rights to control the use, reproduction, distribution and display of their creation.

Catcher in the Rye fans will be interested in recent litigation regarding the great American coming-of-age novel that has been brewing in the Southern District of New York. Catcher, is J.D. Salinger’s classic story about a disillusioned teenager named Holden Caulfield who is kicked out of boarding school and then wanders around New York City for a few days with his friends before ultimately returning back home.

How do you go about obtaining patent protection?

China’s Supreme People's Court interpretation opinion on hearing administrative cases concerning trademark granting and ownership.

The PRC Anti-Unfair Competition Law has become a powerful weapon for dealing with unfair and corrupt business practices. This article focused on the intellectual property protections aspects of this law. Article 5 of this law is akin to the common law action for passing off, but could be seen as being broader and more flexible.

A United States trademark grants its owner the right to prevent others from using a confusingly similar mark in connection with similar goods or services. The cost of a trademark application can vary considerably depending on the existence of any similar marks.

According to Ethiopian Trade Mark Protection Proclamation no. 501/2006 Trademark can be defined as any visible sign capable of distinguishing goods or services of one person from those of other persons, it includes words designs, letters, numerals, colors or the shape of goods or their packaging or the combination of thereof.

In today's global market place, virtually every business has a website, and many of those sites are content-rich. Websites are often filled with original writings and pictures. Much of that original content is marketing, while other content consists of informative articles, tips and guides to grab and keep the attention of visitors to the site. A great deal of time and effort is spent creating a content-rich website that will position your business as a leader in the market place.

Let's face it, some marketing ploys are pretty clever and some spam is brilliantly disguised as valid e-mail.

As a business owner who is not only concerned with managing your costs, but also concerned with protecting your brand identity, you may have contemplated whether or not trademark monitoring is worth the fees charged by monitoring companies.

Suppose you discover that someone has anonymously posted a statement about you online that's not just harshly critical opinion, it's blatantly false. You are considering filing a defamation lawsuit against the author, but there's a problem-the statement was made anonymously and you have no idea who could have posted it. How can you discover the author's true identity? Is that even possible?

People either find your business on the Internet or they find your competition. Your business likely has some presence on the web. Usually it is a website that uses your business name as its "domain name" such as ABCcompany.com. The term domain name simply describes the characters that identify your website.

The first step toward success for most businesses is customer recognition. As business people, we work toward creating an image for our company which our customers and potential customers identify with our products or services. We strive to provide quality products or services and gain name recognition at the same time. The long-term goal is that our business name or logo is not only recognized but also equated with quality.

Your business keeps track of all of its assets, inventorying what it owns and the value of what it owns. Or does it? It is not unusual for businesses to focus only on their tangible assets in considering that issue. Business owners sometimes forget that every company owns intellectual property, property that is not tangible but is sometimes more valuable than its tangible assets.

This article will arm you with the knowledge you need to protect your artwork or photographs, and put to rest some common myths.

Copyright confers on the owner economic rights, for example, the right to grant an exclusive license to third parties of the rights of ownership such as reproduction, distribution, sale, rental, loan, display, and performance.

A Trademark is a distinctive sign, mark, or design such as a logo used in the branding of goods or services and is both visible and registrable.

Trade Marks (TM) are the more efficient form of creating brand value of any product or service. Generally speaking, a Trade Mark is a distinctive sign or indicator that is used by business organization, entrepreneurs and others for the purpose of enabling their consumers to identify the source of its products and/or services while distinguishing such products or services from those of others.

The U.S. Supreme Court recently decided a case that has a bearing on whether or not infringement claims can be brought in federal court for unregistered copyrights. Since this is an important decision, we wanted to alert our clients and friends of it.

For over 2 years now, the Romanian State Office for Inventions and Trademarks has been supporting the amendment of Law 84/1998 in relation to trademarks and geographical indications. Finally, on April 9, 2010, Law 66/2010 for modification and completion of Law 84/1998 in relation to trademarks and geographical indications has been published.

Agatha Diffusion v Monsoon Accessorize Limited: The Appointed Person confirms the correct approach to examining the distinctiveness of a 3-D trade mark and that in Invalidity proceedings specification exclusions must not lead to legal uncertainty.

In re Shree Vardaman Rice and General Mills case, the Hon’ble Apex Court of India has emphasized upon the importance of early resolution of IPR infringement matters by arranging day to day hearing of suits filed in respect of such matters, unless all the witnesses are examined.

To whom does the property of an invention, whose creation is a direct consequence of a labor relationship, belong to? During 2009, multiple inquiries and queries related to the feasibility to limit or to restrict the property right on the ideas, the technical innovations or invents developed and obtained by the workers were received.

Intellectual property is a vital asset for many firms doing business in Cambodia. Whether it be to distinguish goods from competitors’, protecting the fruits of research investment, or maintaining the confidentiality of financial plans, IP considerations surface in virtually all industries.

From February 4th, 2009 the proceeding for making effective the border measures for the protection of trademarks registered and copyrights in Peru has been implemented.

This article mainly discusses the duty of the publicly held companies to disclose material events under Turkish capital markets legislation.

Last year Syria amended the provisions of its trademark law that deal with the protection of famous marks.