Sat.Nov 06, 2021 - Fri.Nov 12, 2021

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Luxembourg PM Admits to Dissertation Plagiarism

Plagiarism Today

Last week, Luxembourg’s Prime Minister, Xavier Bettel, was accused of plagiarism in a thesis that he wrote for the University of Nancy. The plagiarism was discovered by reporter.lu and covered by Pol Reuter (French language article). According to the report, nearly all the 1999 thesis was plagiarized save a brief introduction and a brief conclusion that appears to be original.

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“It’s Not Really Our Fault: It’s the Algorithm”

Hugh Stephens Blog

This seems to be the prevailing view these days amongst the large digital social media and search platforms when the results of algorithmic selections they have programmed turn out to yield undesirable results.

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Trademark protection: worthy of raising a glass to!

Erik K Pelton

A toast to our numerous clients in the beer industry that we love to work with and sample! The post Trademark protection: worthy of raising a glass to! appeared first on Erik M Pelton & Associates, PLLC.

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The Pirate Bay Story Will Be Turned Into a TV Series

TorrentFreak

The inception and early years of The Pirate Bay are an intriguing chapter of the Internet’s history. While most pirate sites hid in the shadows, Pirate Bay’s founders were public figures, who openly taunted the entertainment industries. This chapter didn’t end as planned for Fredrik Neij, Peter Sunde, and Gotffrid Svartholm, who were eventually sentenced to prison.

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Software Composition Analysis: The New Armor for Your Cybersecurity

Speaker: Blackberry, OSS Consultants, & Revenera

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?

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3 Count: Bowser’s Last Stand

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Embattled copyright lawyer suspended from practice in New York. First off today, Blake Brittain at Reuters reports that controversial copyright lawyer Richard Liebowitz has been suspended from practicing law in New York State following a ruling by an appeals court. Liebowitz earned a reputation as a “copyright troll” filing thousands of lawsuits, mostly on behalf of photographers who’d had their

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CJEU confirms that partial designs may be protected as unregistered designs (but conditions apply)

The IPKat

The Court of Justice of the European Union last week issued its preliminary ruling in C-123/20 Ferrari. In it, the CJEU confirmed that an Unregistered Community Design under Regulation 6/2002 may vest in a partial design (which the CJEU defines as “a section of the ‘whole’ that is the product”). The request for preliminary ruling arose from a dispute between Ferrari and Mansory Design, currently pending before the German Federal Court of Justice (Bundesgerichtshof).

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Denuvo-Protected Games Rendered Unplayable After Domain Expires

TorrentFreak

One of the great ironies of anti-piracy technologies is that they not only offer zero benefits to paying customers but when things go wrong, pirates are often better off. What appears to be a classic example of this topsy-turvy relationship emerged last night in a long complaints thread on Steam. Players who had legitimately bought Marvel’s Guardians of the Galaxy found that it was impossible to play the game since it simply wouldn’t load.

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3 Count: Difficult Questions

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: U.S. Supreme Court Questions H&M’s Bid to Sew Up Copyright Win. First off today, Blake Brittain at Reuters reports that the U.S. Supreme Court heard arguments in the Unicolors v. H&M case, which asks questions about whether a mistake in filing a copyright registration should cause a copyright infringement case to be dismissed.

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Cloudflare Tests Limits of Contributory Copyright Infringement

IP Watchdog

One recurring thorn in the side of copyright owners is Cloudflare, the San Francisco-based web performance, optimization, and security company. Cloudflare offers many services to its customers, including a content delivery network that utilizes hundreds of servers around the world to cache its customers’ content. When an end user requests content from one of Cloudflare’s customers, it is delivered to that user from the cached copy on the nearest Cloudflare server—not the customer’s own web host

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The Trademark Instrument Panel

Erik K Pelton

The following is an edited transcript of my video, The Trademark Instrument Panel. I’ve had the pleasure and challenge recently of helping teach my son to learn how to drive. It brings back lots of memories of learning to drive myself , it really forced me to think about how many things go into learning to drive. My son and I were talking one day recently about all of the information that’s communicated on the dashboard.

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IPO Diversity in Innovation Toolkit

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.

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TV Piracy Increased 30% This Year With Help From “Squid Game”

TorrentFreak

There is little doubt that, for many people, streaming services have become the standard for watching TV-shows. This is no surprise, since subscription-based streaming services are among the best and most convenient alternatives to piracy at this point. However, the appeal of the streaming model becomes diluted when there are too many ‘Netflixes.’ Most people gladly sign up for one or two streaming services, but more than a handful is a bridge too far for many.

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Transposing the DSM Directive: the draft Swedish implementation of Article 17

The IPKat

While some countries have already adopted the DSM Directive into their own laws (last week it was the turn of Spain and Italy: see here and here ), many are still working full force on implementing it, despite that the deadline has already passed. As to Sweden, a government inquiry was initiated last year and completed earlier this autumn. Only last month did the relevant Committee complete the inquiry; a memorandum has now been sent for consultation to relevant governmental agencies, organizati

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Patenting Trends in Emerging Technologies: Blockchain Patents Grow from Three to 2,660 in Less than Five Years

IP Watchdog

Blockchain’s history begins in 1991, when Stuart Haber and W. Scott Stornetta published a paper describing a cryptographically secured chain of blocks. It took another 18 years before a developer who called himself Satoshi Nakamoto released a white paper that established the model for a blockchain and then, a year later, implemented the first blockchain as a public ledger for transactions using bitcoin.

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Free Online Course on ‘Access to Medicines, TRIPS and Patents’ [Nov 18-Dec 17; Register by Nov 8]

SpicyIP

We’re pleased to inform you that Third World Network (TWN) and Jindal School of Government and Public Policy (JSGP) are organising a free five-week online course/workshop on ‘Access to Medicines, TRIPS and Patents’ from 18th November, 2021. The deadline for registration is 8th November, 2021. For further details, please read the announcement below: Online Course on ‘Access to Medicines, TRIPS and Patents’ [Nov 18 – Dec 17].

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Soccer is The Number One Gateway Sport to Online Streaming Piracy

TorrentFreak

While pirated Hollywood blockbusters often score the big headlines, there are several other industries that have been battling piracy over the years. This includes sports organizations. Sports piracy often comes with the added challenge that it mostly affects live events. This means that takedowns and other disruption efforts have to be near to instant.

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Italy has transposed the DSM Directive

The IPKat

Merpel celebrated Halloween in Florence Together with Spain [Katpost here ] , this week it has been Italy’s turn to transpose the DSM Directive into its own law. Next week, the Legislative Decree approved by the Council of Ministers will be published on the Italian Official Journal ( Gazzetta Ufficiale ). During the summer, The IPKat discussed the content of some of the most ‘interesting’ draft provisions that Italy was considering adopting to implement the Directive into its own law.

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Massie Introduces Bill to Repeal PTAB, Abrogate Alice

IP Watchdog

Representative Thomas Massie (R-KY) on November 5 introduced a bill, titled the Restoring America's Leadership in Innovation Act of 2021 (RALIA), HR 5874, that would repeal the Patent Trial and Appeal Board (PTAB), return the patent system to a “first-to-invent” model, rather than first-to-file, and would end automatic publication of patents. Inventor groups such as US Inventor and conservative groups are supporting the legislation.

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Fourth IP & Innovation Researchers of Asia Conference [Online; February 9-12]

SpicyIP

We are pleased to inform our readers that the Fourth IP & Innovation Researchers of Asia Conference will be held online from February 9-12 , 2022. The deadline for submission of the request to present a paper and the abstract is December 10, 2021. For further details, please read the post below: Fourth IP & Innovation Researchers of Asia Conference.

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Major Publishers Expand Sci-Hub, Libgen and Ebook Piracy Blocking

TorrentFreak

Books and scientific papers are considered some of the most valuable sources of knowledge on the planet. Millions rely on them for education and insight but while information wants to be free, this content comes with a price tag. Publishers are therefore desperate to prevent people from accessing their premium content from pirate sites. A key weapon of choice to achieve this in the UK is the site-blocking injunction.

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[Guest post] Conference report: ‘The Fashion Marketplace: Law and Policy’

The IPKat

A few days ago, Fashion Law London held another (online) event – this time focussed on the role of online retail marketplaces. Katfriend Emily Nuttall-Wood (Deloitte Legal) has sent this report: Conference report: ‘The Fashion Marketplace: Law and Policy’ by Emily Nuttall-Wood Having found the insights shared at Fashion Law London’s last event on sustainability in fashion immensely useful (see previous post here ), there was some determination on my part to attend the latest event on 22 October,

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How to Legally Use Images, Videos, and Other Content in Blog Posts

Copyright Alliance

With hundreds of millions of blog posts uploaded to the internet every year, it’s inevitable that some will violate copyright laws. But bloggers can greatly reduce instances of infringement through […]. The post How to Legally Use Images, Videos, and Other Content in Blog Posts appeared first on Copyright Alliance.

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Call For Papers: NUALS Intellectual Property Law Review Vol. IV [Submit by December 31]

SpicyIP

We’re pleased to inform you that the NUALS Intellectual Property Law Review is inviting contributions to the fourth volume of the journal. The deadline for submissions is December 31, 2021. For further details, please read the call for papers below: Call for Papers: NUALS Intellectual Property Review (Vol. IV). The NUALS Intellectual Property Law Review (ISSN 2582-4244) is a peer-reviewed, double blind and open access journal, operating under the aegis of the Centre for Intellectual Property Rig

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US Court Orders 21 Pirate Site Operators to Pay $1 Million Each in Damages

TorrentFreak

The entertainment industry’s battle against pirate sites is frequently described as a cat-and-mouse game. The site operators are often anonymous or located in exotic countries, completely ignoring any and all legal threats. Take The Pirate Bay, for example. While the site’s founders were convicted over a decade ago , the site continues to thrive.

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Why developing countries are woefully short of tobacco harm reduction patent protection

The IPKat

Kat friend Roya Ghafele offers a challenging analysis of why (the lack of) IP protection for harm reduction technologies is contributing to the rise of smoking in the developing world. Though global public health governance has taken strides against smoking in recent years, the epidemic persists, and nearly 8 million people globally die from smoking-related diseases every year.

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FDA Issues Final and Draft Guidances on Biosimilar Development under BPCIA

JD Supra Law

In September, the U.S. Food and Drug Administration issued Final Guidance entitled "Questions and Answers on Biosimilar Development and the BPCI Act: Guidance for Industry," and Draft Guidance entitled "New and Revised Draft Q&As on Biosimilar Development and the BPCI Act (Revision 2)." The Final Guidance provides its Answers in final form, having been subject to the notice and comment requirements for FDA Guidances and originally promulgated as Questions and Answers on Biosimilar Developmen

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Judge Upholds UK Power to Set FRAND Terms

IP Watchdog

A judge has affirmed the ability of the UK courts to settle FRAND terms of a patent license covering foreign patents, despite the defendants challenging the court’s jurisdiction. But in his judgment, published on November 4 20201, His Honour Judge Hacon noted that the current framework for settling a global license between owners of standard essential patents (SEPs) and implementers “is plainly not satisfactory.

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Mangabank “Suffers DDoS Attack” & Disappears Following Legal Action

TorrentFreak

Last week we reported that a San Francisco law firm acting for Japanese publisher Shueisha had filed an ex parte application at a California district court. The application, which sought discovery of information for use in a foreign proceeding ( 28 U.S. Code § 1782 ), targeted a number of websites believed to act as file-hosting repositories for pirated manga works.

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Basmati rice’s EU trade mark application raises questions about Brexit and oppositions on the basis of UK law

The IPKat

A few weeks back, this Kat wrote an article about a case which relied on the UK law of passing off in a UK trade mark infringement claim. This time, we have a look at a case which relied on UK passing off to oppose an EU trade mark application under Article 8(4) EUTMR. With the case revolving around basmati rice , and a bit of Brexit to sweeten the deal, let’s see what happened.

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What to Know About NFTs: Three Key Considerations for Businesses

JD Supra Law

What do fast food, art, and sports have in common? In recent years, companies in each of these industries have embraced a technology known as non-fungible tokens, or NFTs.

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Virtual SEP 2021 Day One: Panelists Weigh in on the State of the SEP Ecosystem and More

IP Watchdog

tandard Setting Organizations (SSOs) exist as a mechanism for industry innovators to work together to collectively identify and select the best and most promising innovations that will become the foundation for the entire industry to build upon for years to come. Those disclosing patented technologies to an SSO during the development of a standard commit to offering a license at a FRAND (which stands for Fair, Reasonable and Non-Discriminatory) rate to the extent the patent is essential, as expl

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Thousands of Pirate Sites are Listed on WIPO’s Advertising Blacklist

TorrentFreak

Most pirate sites and apps won’t survive without ad revenue. This is why the advertising industry is seen as an ally in the fight against piracy. Over the years, several ad-focused anti-piracy initiatives have emerged. In the UK , hundreds of advertising agencies began banning pirate sites, and the European Union chimed in as well. WIPO’s Pirate Site Blocklist.

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Is the Spanish implementation of Art. 17 CDSM compatible with EU Law?

Kluwer Copyright Blog

Let’s imagine that, in the near future, the Court of Justice of the European Union (CJEU) receives a request for a preliminary ruling referring the following question: “Must Article 17(4) of Directive 2019/790 on copyright and related rights in the Digital Single Market be interpreted as precluding a national law which allows copyright holders to bring legal actions to compensate their economic harm, such as an action for unjust enrichment, against an online content sharing service provider whic

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“Go Ahead, Sue Us”: Sony sends Cease-and-Desist after Taunts

IPilogue

Photo by Martin Katler ( Unsplash ). Natalie Bravo is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. . DBrand , a Canadian accessories company notorious for its tongue-in-cheek marketing, taunted Sony earlier this year after launching an unofficial Sony PlayStation 5 (“PS5”) product. Unsurprisingly, Sony sent DBrand a cease-and-desist letter , which the Canadian company published online and used to generate marketing for a newer, allegedly “not illegal,” albeit similar, pr

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Brazil Has Begun Accepting Applications for Position Trademarks

IP Watchdog

The Brazilian Patent and Trademark Office (BPTO) began accepting applications for position trademarks on October 1, 2021. Position marks are trademarks characterized by the particular spot in which they are placed on a product. While position marks were previously acknowledged by the BPTO and by the courts, they had yet to qualify for separate trademark registration; most brand owners registered them as figurative or three-dimensional marks. .

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Criminal Copyright Complaint Filed Against BitTorrent Seedbox Provider

TorrentFreak

Over the past year in particular, anti-piracy group Rights Alliance has been applying maximum pressure to various players in the piracy ecosystem. Through detailed investigations that are ultimately referred to local law enforcement, one of the group’s main aims is to disrupt and ultimately disassemble the private torrent site scene in Denmark.

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