Week’s news headlines – oct. 10th 2014

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OPINION: Too much disrespect for Intellectual Property

It is only in Ghana`s arts and entertainment industry that it seems there is too much disrespect for people who are owners of intellectual property.

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China Declares War On U.S. Intellectual Property, Gets Into The Patent Trolling Business

China is not known for its respect of intellectual property rights. According to the U.S.-China Business Council, counterfeit products make up approximately 15-20 percent of total Chinese GDP. That is staggering, making China in some ways a scofflaw nation. Thousands of shipping containers arrive in the U.S. daily from China and contain a variety of knockoffs headed for American cities. The sale of these products, both at here and in other countries, takes money out of the pockets of American companies and workers.

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VCs should seek out patent-rich start-ups despite assertion anxieties, says France Brevets study

Start-ups that own patents prior to securing venture capital achieve a successful exit more quickly than those that do not, according to the findings of a recent study.

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Google, Rockstar patent dispute to be decided in California court

Patent disputes between Apple-backed Rockstar and Google’s Android licensees will be first decided in a California court rather than in a Texas court seen to be more favorable to patent holders.

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Registering geographical terms as trademarks

In Summer 2014 the EU Council announced a common position on trademark law reform, envisioning, among other things, closer cooperation between the Office for Harmonisation in the Internal Market (OHIM) and national offices, which hopefully will achieve closer harmonisation in the application of trademark law. The registrability of geographical terms as trademarks is one area in which Sweden’s position differs from that of the European Court of Justice (ECJ) and OHIM.

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Licensing of trademarks in India

Having written about assignment of trademarks in India in one of my earlier articles, I wanted to write about licensing in India as the two concepts can be confusingly similar to those who need to choose. Apart from pointing out the differences, this article also will comprehensively explain the concept of licensing of trademarks in India because we live in this era of globalization, where licensing has become so common for people who already have a big market for their trademark and for people who want to build one. So this is all that the parties to a licensing agreement need to know;

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Google Inc. (GOOGL) In Court To Overturn Oracle Corporation (ORCL)’s Copyrights Infringement Ruling

Google Inc. (NASDAQ:GOOGL)  has gone to the nation’s highest court as it seeks to overturn an earlier appeals court ruling that found it guilty of infringing copyrights belonging to Oracle. TheStreet’s Brittany Umar reports that Oracle Corporation (NYSE:ORCL) is seeking up to $1 billion in damages from Google, as a result of the infringement.

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Universal Hits Back At “Desperate” James Bond Lawsuit From MGM & 007 Producers

The Comcast-owned heavyweight may have lost round one of the studio Bond battle with MGM and 007 producer  Danjaq, but they were firing from the legal trenches today. “Plaintiffs’ lawsuit is the desperate attempt of a rival studio to misuse its copyrights in order to kill a competitor’s project before it even gets off the ground,” said the answer Tuesday by Universal to the copyright infringement lawsuit from the duo that was first filed by MGM and Danjaq back on April 3. Universal’s attempt to have the matter dismissed in late May was rejected by federal Judge James Otero in late September.

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Biggest patent win ever? Microsoft’s billion dollar a year Samsung deal

We’ve always known that Microsoft makes most of its mobile money from Android. What we didn’t know was just how much Microsoft profits from its patent deals from any single vendor. Now we do.

In 2013 alone, Microsoft made a billion dollars from its Samsung Android patent licensing deal alone. In that same year, Microsoft profited from its Android patents to a tune of about $3.4 billion. That’s not small change, even for Microsoft.

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ITC to investigate Nvidia patent complaint against Samsung

Nvidia last month accused Samsung and Qualcomm of ripping off its graphics patents in devices such as the Galaxy Note Edge, Galaxy Note 4 and Galaxy S5 smartphones.

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Software Patents are Only as Dead as Schrödinger’s Cat

Although the U.S. Supreme Court’s recent decision in Alice Corp. v. CLS Bank has caused some to conclude that software is no longer patent eligible in the U.S., or that theAlice decision renders all but a narrow range of computer-implemented inventions patent ineligible, a careful reading of the Alice opinion indicates that such conclusions are incorrect.

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‘Patent Trolls’ Destroy Value (But There’s Hope)

The U.S. patent system is one of the best in the world, but it needs help.

Patent trolls continue to pursue their strategy in the absence of needed legislation. But the courts are starting to fill the void by sanctioning the most egregious cases, including a recent award of $1.4 million for NetApp: a decisive sanction victory.

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ECJ: the shape of Stokke’s chair is not a valid trademark registration

On September 18, 2014, the European Court of Justice handed down an interesting decision on the validity as a trademark of the shape of products.

Subject of the judgment is Article 3 (1) (e) of Directive no. 89/104 / EEC relating to trade marks, which provides that shall not be registered or, if registered, may be declared invalid “i) the shape which results from the nature of the goods themselves, or ii) the shape of goods which is necessary to obtain a technical result, or iii) the shape which gives substantial value to the goods”.

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