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In celebration of the release of the 6th Edition of the Government Contracts Compliance Handbook, we are sharing six essential tips for understanding intellectual property (IP) rights in government contracts.
Why has arbitration become a popular method for resolving IP disputes? Here, we outline when to take that option - When negotiating intellectual property contracts, parties may spend little time considering dispute resolution mechanisms. Arbitration has become an increasingly popular means to resolve IP disputes in recent years.
The use, distribution, and licensing of software and technology are commonly governed by legal terms both to protect the software or technology owner intellectual property (IP) rights and to allow another permission to use or otherwise exploit the IP. By: Venable LLP
Intellectual property rights may be established, protected, or granted to another party by contracts or agreements. Considering that the subject matter is so complex, the law regarding contracts is usually handled by lawyers who specialize in it.
formerly Texas Advanced Optoelectronic Solutions, or TAOS) in a long-running trade secret and contract dispute against Renesas Electronics America Inc. Court of Appeals for the Federal Circuit (CAFC) in a precedential decision largely upheld damages awarded to ams-OSRAM USA Inc. formerly Intersil).
Trier in summer As readers know, the Katfriends at the Academy of European Law (ERA) in Trier are always busy organizing programmes and courses on all aspects of European law, including IP and digital and IT law. For those looking to get a deep dive in either subject, ERA is organizing two distinct summer courses this year.
For space, defense, and industrial technology companies, securing government contracts is often a major growth milestone. But without a clear IP strategy, working with agencies like NASA or the Department of Defense (DoD) can put a startups long-term technology ownership at risk. By: Fenwick & West LLP
Copyrightability The case sets up one of the longstanding open questions in copyright law: when are form contracts copyrightable, and when is sharing them infringing? ” Due to that concession, questions about the copyrightability of form contracts will continue to fester. As such, defendant made the Forms available.”
Introduction Whenever we discuss any lawful work or papers, the initial thing which comes into our brain is “a ton of paper work” A smart contract could be a unique advantage here as it can reduce or say can assist us with disposing of paper work totally. A smart contract is an agreement that gets executed naturally.
In teaching Intellectual Property (IP) licensing for the Licensing Executives Society (USA & Canada), Inc., we often open with the first principle of contracts: the "contract" is the meeting of the minds between the parties. What did they actually agree to? It is necessarily imperfect.
Moreover, does equating IP with tangible property risk distorting its fundamental purpose? The couple petitioned the National Commission for Scheduled Caste (NCSC) to seek compensation for the loss caused due to the damage to their intellectual property (IP). Data and Intellectual Property What was the IP involved in this case?
The IPKat is pleased to host the following contribution by Katfriend Marianna Ryan (Edwin Coe and King's College London) on the topical issue of how Decentralised Autonomous Organisations (DAOs) are to be treated and what IP issues come with them. Here's what Marianna writes: Ownership of IP rights by DAOs – the future is nigh?
In this episode of Trending Now - An IP Podcast, Janet Cho and Rob Van Arnam discuss the basics of AI and CHATGPT, how they can be used in contracts, their benefits, and risks. By: Williams Mullen
The Council for Innovation Promotion (C4IP) on Monday held a webinar featuring some big names in the IP world to clear up what the organization characterizes as misguided views on the use of Title 28 of the U.S. Code, Section 1498(a). The event was prompted in part by a recent U.S. s COVID-19 vaccine. s COVID-19 vaccine.
A Texas state jury has awarded $287 million to Dutch telecommunications company Koninklijke KPN in a contract dispute with Samsung Electronics Co., finding that Samsung breached a license agreement by refusing to pay for using a KPN patent, according to the verdict form.
While the Report is comprehensive, it does not recommend any new action to address IP issues with NFTs. The most common concern raised about NFTs, however, was the prevalence of consumer confusion about the IP rights implicated in their creation or transfer.
Instead, it is they may not own the exclusive rights to the Intellectual Property (IP) assets that such technologies are built upon usually. So, let us now make ourselves aware of the different challenges manufacturing firms face around IP in the digital economy and ways of overcoming them. Having Proper IP Portfolios In Place.
In this 650-paragraph judgement , the court ruled that students can in certain situations be “consumers” vis a vis the university under the Unfair Terms in Consumer Contracts Regulation 1999/2083) (UTCCR). In Oct 2013, Mr. Jing commenced his DPhil studies (PhD equivalent), signing a contract which included the University’s IP Provisions.
Can something called a “Bored Ape” be embodied in a non-fungible token (NFT) and be associated with smart contracts? How could this present unique and challenging issues regarding copyright law?
Just like every lock has its matching key, each type of IP serves a specific purpose. With so many IPs available trademarks, patents, copyrights, and more – how can you choose the right one for your work, product, or business? For that, first let us understand what are IP and IPR. of their work for a fixed period.
IP Osgoode is pleased to announce the award of the IP Osgoode David Vaver Medal for Excellence in IP to? IP Osgoode founded this? IP Osgoode awards the medal yearly to an Osgoode student in the graduating class who merits special recognition for outstanding achievements in the area of intellectual property law.
The termination of this seven-year partnership, most famously known for its development of the Yeezy sneakers, raises important questions about IP ownership when business collaborations collapse. Moral clauses hold contracting parties to a behavioural standard so as not to bring scandal to the other party.
That is the estimated number of employment contracts that could be impacted by the Federal Trade Commission’s new rule banning non-competes, if it goes into effect on September 4, 2024, as scheduled. By: Houston Harbaugh, P.C.
Samantha Melhado is an IP Intensive student and a 3L JD candidate at Osgoode Hall Law School. It’s been said that “ there is no such thing as the perfect time ,” with the IP & Technology Intensive however, there is. Thank you to everyone in the IP Osgoode community and SOCAN that make this program possible.
D’Agostino’s IP Intensive Program. My placement with CBC was possible due to Osgoode Hall Law School’s Intellectual Property Law and Technology Intensive Program (IP Intensive). The first two weeks of the program function as a “boot camp” by introducing students to the fundamental aspects of IP and technology law.
On May 17, the reported court filings involving Nicklaus involved both IP use and NIL issues. The IP rights and activities related to both Nicklaus as a person and his golf course design and construction activities made the deal worth more than $145 million.
In this part 1, we tackle the first of three questions regarding the legal copyright landscape from an NFT purchaser’s perspective, as the extent to which the IP framework applies to NFTs remains uncertain. Copyright that is transferred upon selling an NFT may explicitly be outlined in the self-executing smart contract governing the sale.
In this episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss the trademark and contract issues that Adidas is navigating with shoe designs and related designs in the future. Listen to the podcast of this episode here.
With the end of the year rapidly approaching (including this TechieKat’s favourite holiday, the Day of the Dead), IPKat brings news of the latest IP events and opportunities! The theme is ‘Generative AI-IP and Outputs’. Papers in French or English covering any topic related to IP law may be submitted no later than 21 February 2025.
In the IP domain, there is a complete absence of any legal framework governing intellectual property as only the legal status of physical property is discussed in the international framework. This would allow for the enforcement of a single uniform system of IP protection which all nations can abide by, ideally administered by WIPO.
This sentiment plays into inherent feelings of property ownership and control over your property —in this case, your intellectual property (“IP”. While artists may inherently feel like they are “held hostage” by their record labels, it all comes down to the contract terms that both the artist and record label agreed upon.
In particular, the LFP has decided to refer the matter to the interim relief judge in order to obtain an urgent order for DAZN to pay the sums stipulated in the contract and an injunction to perform all of its contractual obligations,” LFP noted.
District Court for the Central District of California last week, also accused Tarantino of breach of contract, trademark infringement and unfair competition, according to court documents. The NFTs are being sold independent of Miramax, the producer and owner of the rights to the film, who says its ownership rights are being violated.
According to Duff and Phelps, and CII’s joint report in 2019 on IP-backed financing, the proportion of tangible assets in the market value of Standard and Poor’s 500 firms has declined from over 80 percent to under 20 percent in the past three decades, thus signifying the rising contribution of intangible assets.
Egin Kongoli is an IP Innovation Clinic Fellow and a 3L JD Candidate at Osgoode Hall Law School. Pina D’Agostino’s IP Intensive program. As I quickly learned, businesses that haven’t traditionally dealt with IP rights are facing a rising tide of related challenges as they seek to capitalize on new opportunities.
Effective management of intellectual property is crucial in the contracting stages of technology projects. For example, copyright protection, patent protection, and know-how (trade secrets) are all subject to different rules when it comes to contracting. By: Morgan Lewis - Tech & Sourcing
Here is our recap of last weeks top IP developments including summary of the post on the analysis of Cigma Events Private Limited v. Deepak Gupta & Ors and enforcing criminal remedies against IP infringement in India. Can a Claim for Breach of Confidence and Breach of Contract be made together? Deepak Gupta.
The Africa IP Highlights! The Africa IP Highlights is an initiative of this Kat and is a series of posts put together to highlight some of the key developments in IP in Africa each year. Interested readers can find the Africa IP Highlights 2021, here. It’s December and time for.drumroll.
as part of a settlement of the companies' patent and contract litigation over Wi-Fi routers in the U.S. Netgear Inc. has received $135 million from TP-Link Systems Inc. International Trade Commission and California federal courts.
As noted in our recent blog posts, The Rise of Next-Gen Business Process Outsourcing and Key Contracting Issues to Consider, the core premise of next-gen business process outsourcing (BPO) includes (1) the leveraging of automation, bots, performance tools, and other technology to transform and optimize workflows and business processes and (2) the implementation (..)
The IP Reveries series is an experimental ‘fun’ series set in an imaginary classroom where we are using a dialogue format to raise questions and discussions around IP that traditionally don’t find a place to get voiced either due to long standing assumptions, or due to being seen as ‘too trivial’ to discuss in more formal settings.
Continuing our annual tradition of recounting the significant developments that impacted the Indian IP landscape in the year that has been, we bring you a round-up of 2021’s developments. This year, we have divided these developments into three categories: a) Top 10 IP Judgments/Orders (Topicality/Impact).
At-home lab test maker Everly Health urged a Delaware federal judge to affirm its nearly $1 billion arbitration award against Walgreens over claims the pharmacy chain deliberately misused the digital health platform's trademark while secretly diverting COVID-19 tests to its own pharmacists while Walgreens argued the arbitrator overstepped his authority (..)
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