Week´s news headlines – Nov. 19th 2015

G-20 nations agree: No cybertheft of intellectual property

Twenty nations struck a pact to neither conduct nor support the online theft of trade secrets and intellectual property.

The agreement was reached during the G-20 summit, held on Nov. 15 and 16 in Antalya, Turkey, where leaders pledged affirmation that “all states have a special responsibility to promote security, stability, and economic ties with other nations,” according to the G20 Leaders’ Communiqué for the summit.

Saiba mais em: http://www.scmagazine.com/g-20-nations-agree-no-cyb



Dr Reddy’s buys Intellectual Property Rights for anti-coagulant drug for $17.5 million
Dr Reddy’s has completed the purchase of worldwide exclusive Intellectual Property Rights (IPR) for Fondaparinux sodium, its generic anti-coagulant drug, from Australian partner Alchemia for $17.5 million
Saiba mais em: http://economictimes.indiatimes.com/industry/healthcare/biotech/pharmaceutical



Rdio Seeks to Tap $3M Loan, Sell Intellectual Property to Pandora

Music streaming pioneerRdio wants approval to tap a $3 million debtor-in-possession loan and sell its technology and intellectual property to Internet radio platform Pandora Media

Saiba mais em: http://www.thestreet.com/story/13370081/1/rdio-seeks-t



Copyrights, royalties and piracy in the Rwandan music industry

Music copyrights in Rwanda have been strengthened over the past years. In 2009 the Rwandan Government enacted the intellectual property law. In collaboration with leading bodies such as the World Intellectual Property Organization (WIPO) the government has been at the forefront in sensitizing artists and songwriters to register their copyrights with the Rwanda Development Board (RDB) to be able to protect their innovation and keep earning from it. This text explores three elements of Intellectual property as it relates to the music sector in Rwanda.

Saiba mais em: http://musicinafrica.net/copyrights-royalties-and-pirac



Italian clothier Moncler wins trademark lawsuit in China

Luxury down jacket maker Moncler has won a court case against a Beijing apparel company accused of selling products bearing the Italian brand’s fake logo.

Saiba mais em: http://asia.nikkei.com/Business/Companies/Italian-



NFL’s Redskins Compile List of Offensive Trademarks to Justify its Offensive Trademark

Party With Sluts … Redneck Army … are just some of the registered trademarks cited by the Washington Redskins in the team’s attempts to stop the cancelling of its controversial trademark.

Saiba maisa em: http://www.allgov.com/news/controversies/nfls-re



UK disputes trademark of ‘Kentucky’ on Kentucky moonshine distillery’s T-shirts

Kentucky Mist Moonshine, a tiny distillery in Whitesburg, says it’s been called out by the University of Kentucky for improper use of one of UK’s trademarks … the word “Kentucky.”
Saiba mais em: http://www.kentucky.com/news/business/bourbon-ind



Redskins’ Trademarks Are Constitutionally Protected

Washington’s football team has been called the Redskins since 1933, and that team name has been a registered trademark since 1967. Nevertheless, last year, the Patent and Trademark Office (PTO) cancelled the Redskins’ trademarks on the basis that a “substantial composite” of Native Americans found the team name “disparaging” when those trademarks were first registered. The team challenged the cancellation on the ground that it was based on the content of the marks’ expression, in violation of the First Amendment.

Saiba mais em: http://www.cato.org/blog/redskins-trademarks-are



Patent office sides with innovation, yet Apple double-downs on fool’s good patents

Despite windfall profits, Apple continues to pursue a path of litigation profiteering. It’s now seeking to collect about half a billion dollars from rival Samsung over a patent dispute, even though the United States Patent and Trademark Office (USPTO) invalidated one of the software patents and admitted that it should never have been issued in the first place.

Saiba mais em: http://thehill.com/blogs/pundits-blog/finance/260720





Legal dispute looms over copyrights on Anne Frank’s diary

A legal dispute is looming over Anne Frank’s diary which many people argue will become copyright free on January 1, 2016, the Volkskrant reports on Tuesday. The paper says the Switzerland-based Anne Frank Fund, which was set up by her father Otto, does not agree that copyright on the teenager’s diary expires next year
Saiba mais em: http://www.dutchnews.nl/news/archives/2015/1



Judge dismisses Taylor Swift copyright lawsuit by using Taylor Swift’s own lyrics

Judge Gail Standish’s got jokes.

The U.S. District Court Judge dismissed a copyright lawsuit against Taylor Swift by using her own lyrics. Musician Jessie Braham has accused Swift of stealing “Shake It Off” lyrics from his song “Haters Gonna Hate,” and attested that he had the song copyrighted back in February. Braham was suing Swift for $42 million in damages and a writing credit on her hit song.

Saiba mais em: http://www.ew.com/article/2015/11/13/taylor-swift-copyrig



‘TPP Copyrights Rules Based on Late 90s Old US Laws’ - Kimberlee Weatherall

Kimberlee Weatherall , an Associate Professor at the Sydney Law School and a leading expert on intellectual property rights discussed with TPP copyright rules, controversial provisions within it and her own legal system with Radio Sputnik.
Saiba mais em: http://sputniknews.com/business/20151113/



Stolen lyrics: Copyrights infringement hearing fixed for Nov 13

Prominent Pashto film actor and petition respondent Jehangir Khan told the court Sultan Mehmood Qalandar’s poem featured as a song in Pashto film Badnaam was censored by Central Board of Film Censors because it highlighted female beauty, wine and bars and had nothing in praise of God. The actor represented by his lawyer Mian Saifullah Kakakhel appeared before Civil Judge Muhammad Ishaq on Thursday. Earlier in the copyrights case, the plaintiff had claimed the song was in praise of God and its depiction in the movie was vulgar.

Saiba mais em: http://tribune.com.pk/story/989720/stol

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Brazil signed with the United States Agreement on a Patent Prosecution Highway (PPH)

On November 19, 2015, an agreement was entered into for a pilot program with international cooperation between the patent offices of Brazil (BPTO) and the United States (USPTO) for examination of patents in a Patent Prosecution Highway (PPH). The bilateral agreement arose out of the Memorandum of Understanding signed on July 30, 2015, between the Minister of Development, Industry and Foreign Trade (MDIC), Armando Monteiro, and the US Secretary of Commerce, Penny Pritzker, in order to strengthen trade relations between Brazil and the USA.
The PPH allows that a user, who files an application for a patent of invention, both at BPTO and at the USPTO, prioritizes the application at the Brazilian office, and by making the request via the PPH, the application can also be prioritized at the US office. Likewise, If the application is requested at the USPTO, the user can also request that it be processed through the PPH in order to have it prioritized at BPTO. It will also be possible for examiners from both offices to share the results of searches and examinations of the same patent application, thus optimizing technical examination of the application.


Although, the PPH provides for the exchange of data used and generated during the examination of a patent application of invention, it is paramount that the offices remain autonomous with regard to the result of the examination of applications.


The pilot program will run for two years from January 11, 2016 to January 10, 2018 or until each of the Offices has accepted  150 US or BR priority patent applications under the program. In this initial phase, BPTO  will receive from the US only  patent applications  related to the oil, gas and petrochemical inventions filed in  the last three years or after the initial date of the PPH. Once the efficiency and quality of the pilot program are proven, it will be possible to extend the agreement and for it to include patent applications from other industries. The guidelines to implement the mentioned agreement will be published soon.


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Technology transfer: Centres of IP excellence

By Gabriel Di Blasi and Felipe Barros Oquendo


The future of Brazil’s technological innovation centres, which bring together public and private sector parties to develop mainly life sciences technology, looks bright. Gabriel Di Blasi and Felipe Barros Oquendo of Di Blasi, Parente & Associados report

Innovation is crucial for economic growth. This is especially the case for developing countries such as Brazil, where an underdeveloped technology industry is seen as one of the main hindrances to growth and general prosperity. In order to provide public incentives for innovation, Brazil has enacted a series of laws, the most important being the Federal Act No. 10,973/2004, known as the technological innovation act. Aside from tax incentives, important aspects of this law are science and technology institutes and their technological innovation centres (TICs).

As defined by the technological innovation act, TICs are public centres or bodies set up by one or more science and technology institutes. These institutes are also public bodies, the goals of which include engaging in basic research activities and research and development (R&D) in the scientific and technological fields. Nowadays, most institutes are part of public universities, which in Brazil represent the best higher education centres available for students and researchers.

TICs typically control the disclosure of developed technological or scientific creations, evaluate innovations and technologies, seek the best protection for the developed technologies, negotiate, draft, manage and enforce technology transfer agreements, as well as licence agreements in connection with intellectual property or know-how developed by the institute.

These responsibilities imply other ancillary but nonetheless vital supporting roles, such as defining the ownership of IP rights and the territories to be protected, managing costs and payments related to IP rights and know-how, and working with the Brazilian Patent and Trademark Office and law firms to tackle the legal aspects of the technology development of the institute. Even though the chief executive of the institute will typically retain some powers of negotiation and the right to conclude cooperation agreements and similar covenants, the TIC acts as the centralised administrator of IP rights in an institute.

IP policy

One of a TIC’s pivotal goals is to ensure the possibility of obtaining IP rights whenever possible, as well as to secure the confidentiality over R&D activities that the institute is engaged in. This of course means developing a results-oriented internal IP rights policy—aside from external and general policies—aimed specially at those people managing the institute’s main activities.

As a rule, researchers at TICs have the right to receive between 5% and 33% of the institute’s earnings stemming from the developed technology. The amount is to be regulated within these limits by each institute. Researchers do not hold any power over negotiations concerning the technology that they contribute to developing: article 6 of the act clearly provides that only the owners of the resulting IP/ know-how are entitled to assign or license it.

Moreover, article 12 of the act forbids researchers allocated to any level of the R&D process from disclosing any part of it, in order to preserve novelty and/or confidentiality. This is an important restriction, aiming at securing private investors’ and the institute’s interests, especially given the huge pressure (coming mainly from the Ministry of Education and related public bodies) on public researchers to publish scientific articles in order to maintain scholarships and subsidies. This prohibition also comes amid support of the deeper goal of the overall innovation policy in Brazil, which is to promote technological and social development in the country (article 5, item XXIX of the Brazilian Constitution).

A reminder of the focus on results of institutes is the strict obligation imposed on them to maximise IP protection of innovation and know-how eventually acquired from projects developed under the act. Far from constituting an ideal or abstract rule, this results-driven stance is posed as a binding determination on the public administration as a whole and to public servants engaged in R&D activities in particular.


Unsurprisingly, TICs have a crucial role in internal enforcement of institutes’ innovation policy, mainly granting that the information surrounding R&D procedures and results remains under strict confidentiality. Besides concluding and enforcing non-disclosure agreements with potential investors, partners and buyers of technology developed by an institute’s researchers, a TIC commonly drafts similar agreements with the institute’s own personnel, in an effort to secure the patentability and secrecy of its inventions and technological know-how. Ultimately, the TIC’s goal is to guarantee a return on R&D.

Maximising benefits

Other internal policies should be—and usually are—available in order to achieve the TIC’s goal of maximising benefits for the institute and its private collaborators. It is common to see TICs promoting workshops, panels, and manuals reinforcing the potential financial benefits for the researchers stemming from maintaining secrecy and working with a view to IP rights protection.

In addition, most TICs lay down a strict public policy that researchers and all collaborators must immediately report on any innovation or technological development eligible for protection under IP or trade secret laws. As a complement to this policy, the researcher will typically work on an exclusive basis with the institute. On the other hand, researchers are entitled to obtain technical and legal information from the TIC in support of their activities.

One should bear in mind that, despite legal obligations, not all institutes have fully working TICs to help them with creating, managing and enforcing innovation policies.

The number of implemented TICs is growing annually. According to a report issued by the federal government, there was an 8.4% growth  in 2014 compared to the previous year.

When available, the TICs represent a major security factor to private parties intending to invest, collaborate or negotiate with institutes due to the goal-oriented policies established and enforced by TICs. In addition, TICs are the main mediators between institutes and private business, helping to achieve a balanced view on negotiations and partnerships, as well as to curb any anti-entrepreneurial tendencies, which unfortunately are not uncommon in the public administration in general. To achieve its mission, a TIC typically recruits its personnel from the private sector to guarantee a business mentality.

More important, TICs have the institutional mission of acting as enablers of partnerships between private business and institutes. Due to this specific role, TICs are quite sensitive to market demands and aim to implement a functional, modern management. This is achieved through establishing clear innovation and IP rights goals and efficient communication channels with both private business and institutes’ researchers.

According to the 2014 government report, a total of 2,163 IP applications were filed by Brazilian science and technology institutes last year as a direct result of the IP policy set out by TICs. This represents double the number of all applications filed by such institutes between 2010 and 2013.

TICs are fairly advanced in the life sciences field. Successful examples of fully functional TICs are Instituto Butantan, located in São Paulo, which is mainly focused on biotechnology, and Fundação Fiocruz, based in Rio de Janeiro, a specialist in the biomedicine field.

TICs have been proving to be an essential tool for developing innovation in Brazil, mainly in the life sciences field, through promoting and enabling the participation of private business in public technology centres. With the expected growth and maturation of TICs, the future is looking bright for technology development in Brazil.

Gabriel Di Blasi is a partner at Di Blasi, Parente & Associados. He has a technical background in industrial engineering and experience in patent prosecution and litigation. His core practice areas include patents, designs, plant variety rights, tech transfer, and trade secrets matters. He can be contacted at: gabriel.diblasi@diblasi.com.br

Felipe Barros Oquendo  is a Brazilian attorney-at-law at Di Blasi, Parente & Associados. He holds a Master’s in corporate, labour and industrial property law from the Estate University of Rio de Janeiro. His practice focuses on litigation and consultation related to intellectual property and unfair competition, as well as sports and entertainment law. He can be contacted at: felipe.oquendo@diblasi.com.br


At: http://www.lifesciencesipreview.com/contributed-article/technology-transfer-centres-of-ip-excellence


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