Week’s news headlines – sep. 26th 2014

Intellectual Property Rights: An Eminent Domain Approach for India and the U.S.

In this India-U.S. Policy Memo, Subir Gokarn notes that intellectual property rights are a significant point of contention between India and the United States. He outlines how the principle of eminent domain could offer a solution.

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Hard Times for Software Patents

These are hard times for software patents.

Months after the Supreme Court ruled on whether—and when—computer programs can qualify for intellectual-property protection, software patents have been dropping like flies. Reports WSJ’s Ashby Jones:

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Ordering off the menu: supporting “use” of trademarks for restaurant services

Two recent non-use cancellation decisions from the Trade-marks Opposition Board provide useful guidance on the sufficiency of use in Canada to owners of trademarks covering “restaurant services”, as well as bar, lounge or other food and beverage services. Specifically, mere display of a mark on a menu, without clearly associating it with the registered services, or display that suggests a food/beverage menu item, as compared to the services, may not be enough to maintain the registration.

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Native Americans seek dismissal of Redskins lawsuit against them in trademark case

The Native Americans fighting the Washington Redskins over trademark protections filed a motion in U.S. District Court in Alexandria on Monday, asking the court to toss the team’s lawsuit against them.

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How piracy is changing the music industry landscape

While legal sales of recorded music continue to suffer from widespread music piracy, the popularity of live music appears to be enjoying an unprecedented boom, particularly in the UK where new stadiums such as the £125m Hydro Arena in Glasgow have contributed.

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Intellectual Property Rights and India’s competitiveness 

Intellectual Property Rights are important from the standpoint of maintaining present as well as ensuring future competitiveness. They also have an impact on the FDI inflows in a developing country, which helps not just in terms of capital inflows, but also in terms of technology and expertise. Strengthening IPR thus becomes imperative from the viewpoint of economic development. According to the most recent IP Index by GIPC (Global Intellectual Property Center) of the US Chamber of Commerce, In ..

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Courts Nix More Software Patents

It’s open season on software patents.

That’s the message federal courts have sent in recent weeks after a U.S. Supreme Court ruling in June that tackled the question of whether—and when—computer programs can qualify for intellectual-property protection.

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You can’t patent movies or music. So why are there software patents?

As the courts increasingly flirt with excluding software from patent protection, a common argument from software patent supporters is that wholesale abolition of software patents is a crude way to deal with the system’s problems. The legal scholar John Duffy is the latest to take this line, decrying abolition as a “brute-force ‘reform'” that has proven to be “profoundly shortsighted.”

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Alice is killing the trolls — but expect patent lawyers to strike back

Open source software developers rejoice: Alice Corp. v CLS Bank is fast becoming a landmark decision for patent cases in the United States.

The Court of Appeals for the Federal Circuit, which handles all appeals for patent cases in the United States, has often been criticized for its handling of these cases — Techdirt describes it as “the rogue patent court, captured by the patent bar.” But following the Alice decision, the Court of Appeals seems to have changed.

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Led Zep’s Bid to Toss ‘Stairway’ Suit: Intellectual Property

Members of Led Zeppelin and its music publishers, who were sued May 31 for copyright infringement over part of the classic rock song “Stairway to Heaven,” asked the federal court in Philadelphia to dismiss the case.

Alternatively, the band members and music companies have asked the court to move the case to a federal court in California, where the non-party witnesses “are largely located,” according to a court filing.

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