Week’s news headlines – mar. 6th 2015

The Wrong Direction on Patents | Commentary

In the United States, protecting intellectual property is a bedrock principle. Without clear patent processes and strong enforcement rights, markets everywhere would be crippled by uncertainty. Investors could never be confident that companies actually own the innovations they are working to commercialize. Entrepreneurs would get mired in legal wrangling, investment would dry up and new products would be delayed, if they reached market at all.

Saiba mais em:



Don’t Mess With Texas Trademarks

As a native Texan, I always feel a bit nostalgic and homesick around early March. Not only is bluebonnet season (read: spring) around the corner (if only that were true here in Boston!), but March 2 marks Texas Independence Day – the date on which, in 1836, Texas declared its independence from Mexico.

Saiba mais em: http://www.trademarkandcopyrightla



Uruguay Natural desembarca en Brasil

El gobierno uruguayo y empresarios firmaron un convenio para que la marca país “Uruguay Natural” se instale en Brasil.

La marca país se instalará a través de una parrilla gourmet en la ciudad de Fortaleza. Según el titular del Instituto Nacional de Carnes, Alfredo Fratti, será “la primera franquicia que se abre en el exterior”.

Saiba mais em:



Counterfeiting, Automattic, Dotcom: Intellectual Property

Ford Motor Co. is countering a patent lawsuit set to go to trial in Tacoma, Washington, with trade-secret misappropriation claims.

The suit, filed in June 2011, pits a Washington patent holder against Ford and involves patents covering a system that permits drivers to connect mobile devices to a vehicle.

Saiba mais em:



Reclaman por Sofosbuvir

Médicos del Mundo presentará un recurso jurídico ante la Oficina Europea de Patentes para que el medicamento Sofosbuvir se produzca en versiones genéricas.

Saiba mais em:



Myozyme patents invalidated in first biopharma IPR ruling

The US Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB) has handed down what are thought to be the first written decisions in inter partes review (IPR) proceedings that concern the biopharmaceutical industry.

Saiba mais em: http://www.lifesciencesipreview



NHS ordered to provide guidance on Lyrica use

The English High Court has ordered the country’s National Health Service (NHS) to issue guidance to medical professionals so that they prescribe Pfizer’s branded product Lyrica (pregabalin)—not the generic version—for neuropathic pain.



Federal Circuit wipes $100m damages award in Medtronic case

The US Court of Appeals for the Federal Circuit has overturned a $100 million damages sum awarded to Medtronic Sofamor Danek (MSD) in a long-fought patent case between the medical device maker and San Diego-based NuVasive.

In a unanimous decision handed down on Monday (March 2), Circuit Judges Lourie, Dyk and Reyna upheld the US District Court for the Southern District of California’s findings of invalidity and infringement concerning the three patents at issue.

Saiba mais em:



Litigation abuse driving negative sentiment around patents

On Tuesday, February 10, 2015, I interviewed Bart Eppenauer , who is a partner in the Intellectual Property Group at Shook, Hardy & Bacon. Eppenauer recently rejoined the firm after spending a decade serving as Chief Patent Counsel for Microsoft Corporation. In part 1 of our interview we discussed software patent eligibility, the need for the Federal Circuit really to provide clearer guidance as to how to describe innovations to pass 101 muster, and how the U.S. is in for a tough time if we cease to be the world leader in patenting innovations.

Saiba mais em:




Registro virtual de obras

La Dirección de Derecho de Autor de Indecopi puso en funcionamiento una plataforma que permite a autores o titulares de obras registrarlas vía web.

Saiba mais em:



The mother of all copyrights — and the immortality of art

I thought the era of copyrights was over and done with. Copy-left, that’s hip!

Well, this is hip-hop. Literally. And we’re looking at — hold your breath — 88 years! Wu-Tang Clan, arguably the world’s greatest hip-hop music collective, is auctioning its secret album, The Wu — Once Upon a Time in Shaolin, through auction house Paddle8. This is the group’s eighth and final album, which is currently stored in a vault in Marrakesh, Morocco.

Saiba mais em:



The Walking Dead con record

1,3 millones de personas en todo el mundo descargaron ilegalmente el noveno capítulo de una nueva temporada de la famosa serie de zombies.

Saiba mais em:



How to protect intellectual property and trade secrets in a collaborative world

In a world where knowledge is a commodity, it is vitally important to protect intellectual property in all types of communication

Saiba mais em:



Public awareness over intellectual property on the rise

Public awareness over intellectual property (IP) rights is on the increase as evidenced by a 6% growth in applications to register these rights last year compared to 2013.

Domestic Trade, Cooperatives and Consumerism Minister Datuk Seri Hasan Malek, who said this, added that IP registrations also went up by 2% for the same period and this is an encouraging sign.

Saiba mais em:



Restaurateurs Squeal When Ramsay Registers “THE SPOTTED PIG”

Restauranteurs wanted to hogtie Gordon Ramsay when they found out he’d applied to register the mark THE SPOTTED PIG in the United Kingdom.On October 2, 2012, Ramsay, a famous British television chef, applied to register the mark in the name of Gordon Ramsay Holdings International Ltd. A spokesperson for Ramsay said that Ramsay’s restaurant groups regularly sought trademarks, even without current plans to actively use them.

Saiba mais em:



Taylor Swift Fills A Blank Space in Branding With Trademarked Lyrics

If any musician can get away with trademarking her lyrics, it’s Taylor Swift. She’s young and audacious enough to try it, successful enough to be taken seriously (her latest album, “1989,” has broken 4 million copies, a huge number in this time of Spotify and Pandora) and savvy enough to set a new precedent for personal brand building.

Saiba mais em:



Business Workshop: Consumers, not judges, get to decide trademarks

A jury of average consumers should decide trademark rights rather than judges, according to a recent decision by the U.S. Supreme Court.

Hana Financial sued Hana Bank for trademark infringement because of the similarity in the company names. California-based company Hana Financial said it was the first to use the trademark, dating back to 1995, which gave it priority to use the name.

Saiba mais em:



Should you join the ‘Havana club’? Trademarks in Cuba

Following President Barack Obama’s recent announcement that the U.S. is normalizing relations with Cuba, we encourage clients to consider registering at least their most important trademarks in Cuba. Although patents and trademarks can be protected in Cuba on behalf of U.S. individuals and corporations, the question has long been “Why do so?” given that U.S. individuals and corporations have not been conducting business in Cuba.

Saiba mais em:



El Congreso recibe hoy a ocho expertos en patentes que darán su opinión sobre el proyecto del Gobierno

La Comisión de Industria del Congreso recibirá este martes a partir de las 10.00 horas a ocho expertos en el tema de las patentes que, en turnos de aproximadamente una hora, informarán a los diputados sobre su opinión con respecto al proyecto de ley del Gobierno que actualmente se está tramitando en la Cámara Baja.

Saiba mais em:



The Problem With China’s Patents

Last week, the State Intellectual Property Office (SIPO) of China announced that in absolute numbers, the country had processed more invention patents in 2014 than any other country. In reporting this, the official news agency Xinhua also cited the belief of some experts that the country’s patents “still lack a competitive edge.”

Saiba mais em:



Why no one likes them

Abuse of the patent system benefits neither inventors nor the economy at large

Saiba mais em:



Copyright or censorship? Mother Teresa painting comes down

A painting depicting both Mother Teresa and the founder of Planned Parenthood, among others, has been taken down from display at The Trumbull Library.

The painting, part of The Great Minds Collection, has been taken down by request of First Selectman Tim Herbst, leading some to question if the decision was based on pressure from a few in town, including a priest, who found it offensive for religious reasons. Herbst has said he ordered it taken down only to protect the town from a potential copyright lawsuit.

Saiba mais em:



Apple, Flowers Foods, Aereo, Solazyme: Intellectual Property

The licensing battle between Apple Inc. and Ericsson AB is escalating.

Ericsson, a pioneer in mobile phones that transformed itself into the world’s largest maker of wireless networks, said last Friday that it’s filing seven new lawsuits in an American court and is asking the U.S. International Trade Commission to block Apple products from the U.S. market.

Saiba mais em:



Intellectual property issues in cross border arrangements

It is well-known that a Canadian registered charity ought not to transfer funds to a foreign or domestic entity that is not a qualified donee. However, it is also important to bear in mind the application of the Income Tax Act (the “Act”) to transfers of property other than cash. One context where this arises is in transactions involving intellectual property.

Saiba mais em:



The importance of trademark clearance searches in brand development

A recent news story involving an advertising campaign to promote tourism in Canada’s Yukon Territory vividly illustrates the importance of integrating experienced trademark counsel early in the brand development process.

Saiba mais:


Our specialties

aSee our main areas of expertise