Week’s news headlines – jul. 11th 2014

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Paulo Parente published in the ECTA Special Gazette for the 20th Anniversary of the CTM Regulation, June 2014, the article “Comments on the Brazilian trademark system and the CTM Regulation”,


The BBC wants its intellectual property rights back

It always pays to scrutinise the small print in grand pronouncements about the future, especially those about the BBC. So I listened intently this morning to Tony Hall, the BBC’s director general, as he set out his plans for more competition in UK television and radio production.

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The lack of respect for intellectual property rights in Saudi Arabia

A few days ago, I tried to buy an electronic book through Google Play Books. My request was rejected because I live in Saudi Arabia and Google does not permit its electronic books to be sold here. I tried to purchase from other ebookstores, but I soon discovered that my request would be turned down as soon as the store learned where I lived.
The main reason for this is the lack of respect for intellectual property rights in our country. Saudi Arabia is on the list of countries to be kept under close surveillance because of their violation of property rights. This was included in the 2012 report of the International Union of Property Owners (UIPI).

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Apple wins permission to trademark stores

Landmark European ruling means Apple can trademark high street stores

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Recognition and protection of well-known trademarks under the new Trademark Law

The Trademark Law of the People’s Republic of China, amended for the third time, has become effective as of May 1st, 2014. This article aims at probing into the provisions and changes thereof in relation to the recognition and protection of well-known trademarks.

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Rightscorp Scores More Copyrights to Protect from The Royalty Network

Rightscorp is still moving full speed ahead with the copyright war. In an announcement today, it was stated that the company has secured yet another copyright representation agreement, this time with The Royalty Network. The Royalty Network’s catalogue includes such artists as; Pete Seeger, Beyonce, Daughtry, Shaggy, Flo Rida, Kelly Clarkson, The Black Eyed Peas, Coldplay, and Lil Wayne as well as film and television shows such as “The Hangover,” “American Idol,” “Gossip Girl”, “Dancing With The Stars”, “The Hills”, “Pretty Little Liars” and many others.

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The United States Supreme Court has held1 that online video startup Aereo Inc. infringes broadcasters’ copyrights in on-air programming when Aereo transmits the programs to its Internet subscribers.

Ruling on June 25, the Court held that such transmissions are a public performance, and thus infringe the exclusive right to publicly perform a work protected by copyright. It rejected the argument that Aereo is only an equipment provider, and that subscribers, rather than Aereo, “perform” each transmission.

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What impact will the Intellectual Property Act 2014 have on your business?

The Intellectual Property Act 2014 (the “Act”) seeks to implement the recommendations of the Hargreaves Review of Intellectual Property and Growth 2011 with particular focus on the reformation of patent and design law. The Act is scheduled to come into force from October 2014 and it is expected that all measures should be implemented by late 2015.

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Why Apple Losing A Siri Patent Case In China Is Great News For Intellectual Property Holders Everwhere

Apple  appears to have just lost the first stage of a patent case in China about Siri, the voice application. At first blush you might not think this is a good idea for patent holders outside the Middle Kingdom, for what this is is a court ruling against such foreign intellectual property. However, there’s another way around to think of this.

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When Patents Aren’t Enough: The Case for Data Exclusivity for Biologic Medicines

Biologic medicines are fundamentally different from traditional “small molecule” therapies, presenting a host of new challenges in the design and enforcement of the intellectual property (IP) architecture that will protect them.[2] Protecting the intellectual property of biologics is complicated, difficult, and essential to the future of medicine. This new frontier is also one of the remaining hurdles in the Trans-Pacific Partnership (TPP) Trade Agreement negotiations. The debate over protecting biologics focuses on a proposed twelve years of data exclusivity and the consequences this will have for international trade, global public health, and access to medicines.

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It’s The Duke vs. Duke in trademark dispute

The heirs of The Duke (the actor) want to sell products featuring his nickname, including bourbon with his likeness on the bottle.

Duke (the university) says it doesn’t want anybody thinking it sponsors that booze.

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Chinese Man Suing Tesla Over Trademarks In Hilariously Bogus Case

While the Ford number is more impressive, and represents a huge investment in that country, it’s worth nothing that even with that monster increase they sold about 550K cars to GM’s 1.7 million. Or, to put it another way, all of Ford’s vehicles are only 100K bigger than the amount of Buicks GM sells in the country because Chinese consumers love freakin’ Buicks.

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Copyrights, Licensing, And Royalties: A Fact Sheet

The US Copyright Office and the House of Representatives are currently considering an overhaul of some of the copyright regulation that governs musical licensing. Here are some quick facts on the current state of music licensing.

Performance Royalties are the fees music users pay when music is performed publicly. Music played over the radio, in a restaurant or bar, or over a service like Spotify or Pandora is considered a public performance.

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Patent-troll fight ends in retreat

After nearly two years of effort, MyWebGrocer Chief Operating Officer Jerry Tarrant has seen his crusade to fight back against patent trolls come to nothing.

Tarrant was stunned and bitterly disappointed in May when U.S. Sen. Patrick Leahy, D-Vt., abruptly dropped a bill addressing the practices of trolls — companies, usually shells, that threaten to sue businesses such as MyWebGrocer over frivolous, and often ridiculous, patent-infringement claims. Leahy took the bill off the agenda of the Senate Judiciary Committee he chairs just as the measure appeared to be nearing a vote.

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Critics Fault Court’s Grip on Appeals for Patents

More than 30 years ago, Congress granted a single court the power to hear nearly all the nation’s patent appeals. But amid a boom in high-stakes patent lawsuits driven by tech giants and zealous smaller players alike, a growing number of patent experts are calling for lawmakers to revisit that move.

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Trustwave obtém patente para monitorar atividade ilícita em e-commerce

A patente foi concedida pelo Instituto de Marcas e Patentes do EUA sob a rubrica “métodos e sistemas para a digitalização e monitoramento de conteúdo em rede”

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One Company’s Trash Is Another’s Treasure in Patent World

Squeezed out of the mobile-phone market by trendier offerings, Nokia Oyj (NOK1V), Ericsson AB (ERICB) and other one-time leaders are selling chunks of their patent portfolios, often to the litigious licensing firms the industry has derided.

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Can’t register trademark with Statue of Liberty holding silenced gun because that would be ‘shocking, offensive and disparaging’?

So argued a U.S. Patent & Trademark Officer examiner, in refusing to register the mark. Fortunately — though more than four years after the application was filed, and nearly two  years after the initial hearing on appeal — the decision was reversed. (This happened late last fall, but I just ran across the case in a recent Westlaw query, and hadn’t seen any reference to it before.)

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Football trademark decision suggests path to bring back outsourced jobs

On June 18, 2014, the United States Patent and Trademark Office canceled six registered trademarks which it had previously granted to the Washington football team for its name. The ruling said the name is “disparaging to Native Americans.”

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General Ideas Protectable As Trade Secrets In California

Altavion developed “digital stamping technology” (DST), which enables the self-authentication of digital and paper documents by encoding the content of an original document in a barcode stamped on the document itself.  A DST system uses the barcode to determine whether the document had been altered.  Altavion also solved problems with the reliability of barcodes through the unique use of “color reference cells” that aided reconstruction of the encoded data.

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South Korean company agrees to $2 million penalty in DuPont trade secrets case

A South Korean chemical company has agreed to pay a criminal penalty of more than $2 million to resolve charges that it attempted to steal trade secrets from DuPont Co., the U.S. Justice Department said Wednesday.

The U.S. Attorney’s Office for the Eastern District of Virginia said Toray Chemical Korea Inc. agreed to pay the penalty and take other actions, including cooperating with a government investigation, as part of a two-year deferred prosecution agreement.

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U.S. SC rules software patents, drawn to ‘patent-ineligible abstract idea,’ are invalid

The U.S. Supreme Court ruled last month that some software method and system patents are invalid.

The nation’s high court, in its June 19 opinion, said the claims in Alice Corporation Pty. Ltd. v. CLS Bank International and CLS Services Ltd. were drawn to an abstract idea.

Implementing those claims on a computer was not enough to transform the idea to a patentable invention, the justices explained.

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Tesla Sued by Businesseman Claiming China Trademark Right

Tesla Motors Inc. (TSLA), the electric carmarker led by Elon Musk, was sued in China for trademark infringement in the latest example of the difficulties foreign companies face doing business in the country.

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4 steps to keep your startup from becoming a trademark troll

The current intellectual property landscape underscores just how precarious it is to register trademarks in connection with your startup.

Perhaps the most famous recent trademark controversy occurred when enraged developers and companies the world over by filing to trademark the very general term “candy” in order to prevent Candy Crush knockoffs.

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Aereo infringes broadcasters’ copyrights, US Supreme Court rules – coming impact for streaming and cloud services?

The United States Supreme Court has held that online video startup Aereo Inc. infringes broadcasters’ copyrights in on-air programming when Aereo transmits the programs to its Internet subscribers.

Ruling on June 25, the Court held that such transmissions are a public performance, and thus infringe the exclusive right to publicly perform a work protected by copyright. It rejected the argument that Aereo is only an equipment provider, and that subscribers, rather than Aereo, “perform” each transmission.

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