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It seems as if it was only a few weeks ago that I was writing a similar summary for 2020, the “annus horribilis” when COVID first hit us, but in fact it was 51 weeks ago yet many of the same pandemic and copyright-related issues that I wrote about last year are still with us, … Continue reading "Some Copyright Highlights in 2021-Around the World and in Canada?
Over the past several years Nintendo has been pouring resources into its fight against those who help to bypass security measures in its Switch console. Earlier this month Nintendo celebrated a win in a civil case against former Team-Xecuter member Gary Bowser, who agreed to pay the gaming giant $10m in damages. Nintendo also obtained a UK High Court injunction to block four Team-Xecuter-related websites back in 2019 but that did little to stop pirated game ROMs from being shared online.
The IPKat has received the following comment from Katfriend Jørgen Blomqvist (Centre for Information and Innovation Law, Faculty of Law, University of Copenhagen) on the recent announcement relating to the accession of Cambodia to the Berne Convention. Here's what Jørgen writes: Universal Copyright Convention – RIP by Jørgen Blomqvist On December 9, 2021, WIPO announced that the Kingdom of Cambodia has joined the Berne Convention for the Protection of Literary and Artistic Works, with effect fro
Software is complex, which makes threats to the software supply chain more real every day. 64% of organizations have been impacted by a software supply chain attack and 60% of data breaches are due to unpatched software vulnerabilities. In the U.S. alone, cyber losses totaled $10.3 billion in 2022. All of these stats beg the question, “Do you know what’s in your software?
Since the passing of the original Copyright Act in 1790, developments in copyright law in the United States have been influenced by many civil disputes—lawsuits where one private party sues […]. The post Yo Ho! A Copyright Pirate’s Life In 2021 appeared first on Copyright Alliance.
When the Swedish Pirate Party was founded in early 2006, the majority of the mainstream press was skeptical, with some simply laughing it away. But they were wrong to dismiss this political movement right off the bat. Following their victory at the local elections, the Swedish Pirate Party secured a seat at the European Parliament in 2009, with another one being added a year later.
Meanwhile, all patents— good, bad, revolutionary, and stupid— have eroded to the point where continued use of the U.S. patent system must be questioned. Despite the statute saying that patents are to be treated as property rights, the Supreme Court has ruled that patents are merely government franchises that can be stripped at any point in time during the life of the patent regardless of how much time or money has been invested by the patent owner.
Meanwhile, all patents— good, bad, revolutionary, and stupid— have eroded to the point where continued use of the U.S. patent system must be questioned. Despite the statute saying that patents are to be treated as property rights, the Supreme Court has ruled that patents are merely government franchises that can be stripped at any point in time during the life of the patent regardless of how much time or money has been invested by the patent owner.
DABUS (Device for the Autonomous Bootstrapping of Unified Sentience) is an artificial intelligence (AI) system created by Dr. Stephen Thaler. It reportedly conceived two separate inventions without any human intervention and therefore, was designated as an inventor on patent applications related to those inventions. The idea of assigning inventorship to an AI-machine not only brought new legal challenges but also left the global intellectual property (IP) community divided regarding whether an.
This case involves two apps that Apple rejected from its app store. The Coronavirus Reporter app “sought to collect ‘bioinformatics data’ from users about COVID-19 symptoms that it would then share with ‘other users and [unidentified] epidemiology researchers.'” Sounds sketchy as hell. Apple rejected it based on its policy that any COVID-19 apps had to come from the government or medical institutions.
In December 2016 and after substantial work to amend the law, an Australian court ordered the blocking of several pirate sites headed up by the infamous The Pirate Bay. Over the five years since, movie companies including Roadshow Films, Disney, Paramount, Columbia, Universal, Warner, and more recently Netflix have returned to court time and again to have hundreds more sites blocked.
In April of this year, we provided a three-part series relating to the IP and Competitive Landscape for the mRNA market. In this post (Part I), we provide a 2021 year in review update on mRNA pioneers Moderna, BioNTech and CureVac, and in Part II, we profile Sanofi and other companies in the mRNA space and offer additional conclusions and outlook for 2022 and beyond.
Women and diverse employees have the technical skill and knowledge, yet their contributions are not patented at the same rate as those of their male counterparts.This toolkit can help organizations move the needle on achieving gender parity in innovation.
The past year has been an incredibly active one for Canadian digital law and policy with legislative battles over Bill C-10, controversial consultations on online harms and copyright, important Supreme Court decisions, new digital taxes, and an emerging trade battle with the United States. For this final Law Bytes podcast of 2021 , I go solo without a guest to talk about the most significant trends and developments in Canadian digital policy from the past year and to think a bit about what may l
Building strong and protected brand names begins with developing creative names. In this episode Erik reveals several tips for brainstorming brand names and trademarks. The post Tips for Brainstorming New Business and Brand Names appeared first on Erik M Pelton & Associates, PLLC. Building strong and protected brand names begins with developing creative names.
Following its launch in 2016, pirate manga site Mangamura grew to become one of the most successful sites of its kind. With this growth, however, massive pressure from copyright holders and anti-piracy groups wasn’t far behind. According to Japan-based anti-piracy group CODA, over a period of just two years Mangamura caused around $2.91 billion in losses to the industry but in April 2018 the site’s progress came to a juddering halt when the platform shut itself down.
From the perspective of the Intangible Investor, 2022 will be a year of new opportunities and transitional growth. IP business models will evolve, and risk and return calculations will become more reliable. In the decade since the America Invents Act (AIA) was enacted, patent licensing challenges have increased for many technology companies and independent inventors.
by Dennis Crouch. Lots of the new learning in patent law over the past decade has focused on patent eligibility. But, none of the eligibility cases (new or old) show up in my list of the most cited Supreme Court cases. Markman v. Westview Instruments, Inc., 517 U.S. 370 (1996) (claim construction); Christianson v. Colt Industries Operating Corp., 486 U.S. 800 (1988) (arising under jurisdiction); eBay Inc. v.
The plaintiff runs Seeking Arrangements. The defense runs Luxy, a competitor. Earlier this year, I blogged a ruling holding that Seeking Arrangements’ trademark infringement claim against Luxy could proceed because Luxy included Seeking Arrangements’ purported trademarks in its keyword metatags. Yes, this was a 2021 decision. The ruling I’m blogging today involves Luxy’s counterclaims against Seeking Arrangements for buying the Luxy keyword as the trigger for search engin
When Fakku launched 15 years ago, it was an aggregator for unlicensed scanlations of adult manga, also known as hentai. The site’s founder, Jacob Grady, studied computer science in Massachusetts at the time and used student loans to pay the server bills of a site that was essentially a pirate operation. Fakku never sought trouble with rightsholders though.
This has been a year full of ups and downs, including at the International Trade Commisison (ITC). The ITC has stayed open for business, instituting a near-record number of investigations and holding hearings, albeit virtually. There have been a number of ITC decisions with interesting holdings, all of which have been covered well here and in other blogs.
With the backing of leading private equity funds and record labels, celebrity singer-song writers such as Bob Dylan, Prince and Neil Young, are cashing in on strong long-term demand Continue reading.
Although it may seem counterintuitive, the PTAB has jurisdiction over expired patents, and patent owners may need to defend their expired patents in inter partes review. The PTAB recently reiterated this in Apple, Inc. v. Gesture Tech.
By offering free access to millions of ‘paywalled’ research papers, Sci-Hub is often described as “The Pirate Bay of Science”. The site is used by researchers from all over the world, to access papers they otherwise have a hard time accessing. For some, the site is essential to do their work. The major academic publishers such as Elsevier, Wiley, and American Chemical Society are not happy with the rogue research library.
Photo by Thomas Kelley ( Unsplash ). Emily Chow is an IPilogue Writer and a 1L JD Candidate at Osgoode Hall Law School. . What does it mean to be a rockstar? A metalhead? A good-for-nothing punk? A rebel without a cause? One can easily conjure up the image of a “rockstar” identity or lifestyle that appears inseparable from the genre itself. Just as communities coalesce around particular musicians, artists, or genres of music, so too do instruments, music labels, and brands.
Some marks that label a product become distinctive just because of how they are positioned in a product. Today, we as consumers can easily identify the products of popular brands due to the positioning of some specific elements on the products, for instance, the three stripes of Adidas, Louboutin’s red sole shoes, or the red label on the back pocket of Levi’s jeans.
This is the November/December edition of Anchovy News. Here you will find articles concerning ICANN, the domain name industry and the recuperation of domain names across the globe. In this issue we cover: DOMAIN NAME INDUSTRY NEWS.EU domain names set to drop A brand new.DAY Is coming SWITCH introduces deferred delegation for.CH and.LI.
Laws that forbid the illegal uploading and downloading of copyrighted content are common around the world but the rise of streaming has sometimes exposed gaps in legislation. Piracy-equipped Kodi devices, illegal streaming apps, and similar tools have led legal specialists to attempt to apply laws that didn’t envision the technology. In Malaysia, for example, it took a decision by the High Court last May to determine that the sale and distribution of streaming devices configured for piracy
A Florida federal judge has awarded NorthStar Moving $13 million after finding that an operator of King David Van Lines willfully infringed NorthStar's trademark by deceiving consumers into believing they were hiring NorthStar.
Precedential Federal Circuit Opinions - TEVA PHARMACEUTICALS USA v. CORCEPT THERAPEUTICS, INC. [OPINION] (2021-1360, 12/07/2021) (MOORE, NEWMAN, and REYNA) - Moore, C.J. The Court affirmed the PTAB’s IPR decision that claims directed to a specific dosage of mifepristone were not invalid as obvious.
Next month, a full decade will have passed since the file-storage empire of Kim Dotcom collapsed after Megaupload became the prime target in a high profile law enforcement operation. Despite all the time that since passed, the New Zealand-based entrepreneur and his former colleagues are still waiting to hear whether they will be extradited to the US where a criminal prosecution is pending.
The pandemic has impacted everyone, but one group, particularly small and micro enterprises, has been particularly badly struck. Most small businesses had to close their doors due to a lack of digital infrastructure and finance. Some, on the other hand, reacted to the circumstance by becoming stronger than before, setting new standards, and seizing chances.
Popular legal industry guest articles this year included commentary on the admissibility of video depositions, an unusual U.S. Supreme Court citation, the perils of lawyer perfectionism, and more.
The December 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses new enforcement tools courtesy of the Trademark Modernization Act; Pfizer's acquisition of Arena Pharmaceuticals; the latest developments in Canopy Growth's patent infringement suit against GW Pharmaceuticals; and the open gTLD Sunrise period. This year, Sterne Kessler's Trademark & Brand Protection team continued its support of Stockings from Karen, an organization that provides toiletries and gifts for teena
While most piracy activity has shifted to streaming in recent years, U.S. courts have still been overloaded with BitTorrent related piracy lawsuits. This phenomenon, often dubbed “copyright trolling,” started over a decade ago and remains ongoing, in large part thanks to one company. In the past, there were multiple rightsholders that sued hundreds of people but this changed.
A QR code is a machine-readable matrix barcode (short for “Quick Response”). QR codes were first utilised in the automotive business, but they are now widely used in advertising, payments, product tracing, and counterfeit detection, among other things. A QR code leads people to a website or other targeted online content using a camera-equipped mobile device (and a free code reader programme).
A Denver-based media company has accused the producers behind a recent "Godzilla" movie of brazenly featuring its mountain monster character in the film without permission, according to a copyright infringement suit in California federal court.
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