Week´s news headlines – jul. 8th 2016

Unilateral Refusals to License Intellectual Property

The antitrust laws generally provide that a firm has no duty to deal with or to aid its competitors.1 This long-established principle applies equally to intellectual property, which the courts treat the same when applying the antitrust laws.2 A unilateral refusal to deal occurs in the IP context when a patent owner independently decides not to license its patent to another firm – often called a unilateral refusal to license.3 Although one circuit has ruled to the contrary, the majority of the federal courts and the antitrust agencies generally find unilateral refusals to license lawful, absent a rare exception and/or other anticompetitive conduct.

Read more at: http://www.lexology.com/li

 

 

Toyota Wins the Prius Trademark Case in India After Seven Years of Legal Battle

In what came as a major relief to Toyota, the Delhi High Court has delivered its judgment on the Toyota Jidosha Kabushiki Kaisha versus Deepak Mangal & Ors., CS (OS) 2490 of 2009, Prius trademark case, in favour of the Japanese automobile giant. Touted to be one of the most heated trademark trials in the country, the case was in the court for seven years before the court found the defendants’ conduct to be dishonest and acknowledged Toyota’s claim to be monetarily compensated.

Saiba mais em: http://auto.ndtv.com/news/toyo

 

 

The Difference Between Domain Names, Business Entity Names and Trademarks

It’s one of the most common questions I get (even from other lawyers). What’s the difference between business entity names, versus domain names, versus trademarks?

I wanted to talk about this because my law firm’s website has a functionality that allows people to check to see if a specific business entity is available for use in Arizona, where my practice is located.

Saiba mais em: http://fortune.com/2016/07/05/domain-names-trademarks/

 

 

Nonsense in trademark tiffs
It’s July, peak vacation season for Americans, millions of whom will be heading to national parks.

The country’s impressive network of publicly owned parks, monuments and historic sites should be counted as one of the nation’s singular achievements.

Saiba mais em: http://www.gctelegram.com/o

 

 

Studer trademarks early learning city

A long-term investment in early childhood education is in its infancy, and philanthropist Quint Studer is unrolling a road map for Pensacola to be an early learning city. America’s first, in fact.

Studer recently trademarked Pensacola as “America’s first Early Learning City.”

Saiba mais em: http://www.pnj.com/story/news/

 

 

Dave King insists all Rangers trademarks are owned by the club as retail battle with Mike Ashley rumbles on
RANGERS chairman Dave King has insisted that all club trademarks and brands are owned by the Rangers Football Club Limited (TRFC) as the ongoing retail battle with Mike Ashley continues.

Supporters put questions to the Ibrox supremo regarding the ongoing dispute over this season’s replica kit but the Gers chief failed to shed any further light on where fans can buy the new season’s strips instead focusing on the differences between TRFC and Rangers Retail Limited (RRL).

Saiba mais em: http://www.dailyrecord.co.uk/sp

 

 

World Intellectual Property Indicators 2015: Design Patent Highlights

The World Intellectual Property Organization (WIPO) has published its annual World Intellectual Property Indicators. The 2015 report dissects the macro trends associated with filing activity and registrations for 2014 in the following intellectual property areas: patents, trademarks, industrial designs, and plant varieties. Estimates for design patent applications are based on data from approximately 140 patent offices, encompassing both direct national and regional applications, as well as applications received through the Hague System for the International Registration of Industrial Designs.

Saiba mais em: http://www.ipwatchdog.com

 

 

European Union: IP BREXIT: How Does It Affect Us?

In the area of Industrial and Intellectual Property, most countries are directly affected by systems as the European Patents, the Community Trademarks, Designs and Plant Varieties rights, or domain names (.eu). These figures coexist in the European judicial system, and are strongly influenced by political changes. In addition to the current situation, it is important to consider projects of great significance, as the recently adoption of a directive setting out rules for the protection of trade secrets and confidential information of EU companies and also the Unitary Patent and Unified Patent Court.

Saiba mais em: http://www.mondaq.com/x/508746/Trademark/IP+

 

 

India: Startup Intellectual Property Protection

The Office of the Comptroller General of Patents Designs and Trademarks on 22nd April, 2016 has finally released the Scheme for Facilitating Start-Ups Intellectual Property Protection (SIPP).

The major objective of the scheme is to protect and promote Intellectual Property Rights awareness for startups and to encourage creativity and innovation amongst them.

Read more at: http://www.mondaq.com/india/x/506578/Trademark/Startup+Intelle

 

 


The effect of Brexit – intellectual property law

In the United Kingdom, the law governing registered intellectual property rights is largely, though not exclusively, governed by EU directives and regulations, covering areas from database rights through patents, designs, copyright, trade marks and the regulation of parallel imports and seizure of infringing goods at borders, as well as allied areas such as biotech.

Read more at: http://www.cambridgenetwork.co.u

 

 

Patent Office announces Post-Prosecution Pilot Program

Earlier today the United States Patent and Trademark Office published a Notice in the Federal Register announcing a new pilot program for applications that have received a final rejection.  The Post-Prosecution Pilot Program, or P3 as the Patent Office is calling it for short, will to test the impact on enhancing patent practice during the period subsequent to a final rejection and prior to the filing of a notice of appeal.

The Post-Prosecution Pilot Program will run from July 11, 2016, through January 12, 2017, or the date the Patent Office has accepted a total of 1,600 compliant requests, whichever occurs first.

Saiba mais em: http://www.ipwatchdog.com/2016/07/11/post-pr

 

 

Patent Financing: An alternative path to protection for startups

Startup companies are always faced with at least several rather unpalatable dilemmas.

No matter how much you try and stretch, no matter the efficiencies you try and employ, the inescapable reality is that there are only 24 hours in a day and everyone needs at least some sleep. There is never enough time to do everything that needs to be done, let alone could be done, in order to maximize the possibility of startup success.

Saiba mais em: http://www.ipwatchdog.com/2016/07/11/patent-fi

 

 

Nike Aims To Smack Down WWE In Trademark Battle

When you think of Nike as a brand, two things come to mind: the swoosh and “Just Do It.” That slogan has been synonymous with Nike since 1988 and is still in use with almost every Nike commercial transaction. When the valuable trademark is at risk of infringement or dilution, Nike fights.

Saiba mais em: http://www.forbes.com/sites/darre

 

 

Tiger Paw (Purple Haze Liqueur) Victorious in Trademark Case

The Court finds no likelihood of confusion exists to prevent the company from distributing its popular brand of fine liqueur.

Read more at: http://finance.yahoo.com/news/tiger-paw-purple-haze-lique

 

 

Diagnostic Patents Suffer Another Setback In US As Supreme Court Refuses To Hear Sequenom Appeal

In recent years, there have been a couple of really important US Supreme Court decisions in the biotech field. One is the 2013 judgment striking down gene patents. The other is a ruling from 2012 that rejected the patenting of basic medical diagnostics, in a case involving Mayo Collaborative Services and Prometheus Labs. The resultant loss for biotech companies in terms of devalued patent portfolios, and their reduced ability to control the market using intellectual monopolies, has been so serious that it is no surprise that there are periodic attempts to get these decisions mitigated through subsequent court rulings.

Read more at: https://www.techdirt.com/articles/20

 

 

Patents: The Next Open Access Fight

When Universities Sell Patents to Trolls, Publicly Funded Research Is Compromised

There’s been a lot of talk lately about the state of publicly funded research. Many, including EFF, have long called on Congress to pass a law requiring that publicly funded research be made available to the public.

Read more at: https://www.eff.org/deeplinks/2016/

 

 

 

IP Vet on the Rise of Trade Secrets and Value of Data

Big Law Business: What’s the state of IP?

Pooley: The big story of IP today is the ascendancy of trade secrets. In part, this is how all valuable information is protected in the first place. Even if you’re going to patent it, if you don’t protect it as a trade secret you’ll lose your trade secret rights. And many companies these days, surveys show companies choose secrecy over patenting by a very large margin for protecting their competitive advantage.

Read more at: https://bol.bna.com/ip-vet-on-rise-of-trade-secr

 

 

Free Trade and the Threat to Intellectual Property Protection in China

High-Tech IP rights in China have come under attack in favor of protecting domestic companies

Read more at: http://www.globaltrademag.com/

 

 

111 Startups Organises Event on Intellectual Property Rights

111 Startups a ‘not-for-profit’ organisation formed jointly by Mobisoft Infotech and Pesh Group has recently organised event on Intellectual Property Rights (IPR) on  to help start-up’s in networking and educating them about the misconceptions , ‘Ideas are patent-able’ and also about the methods of protecting ideas and intellectual property rights. Apart from this, the event also guided start-up’s upon which entity to choose while starting up on what parameters and etc.

Read more at: http://techstory.in/02072016-111-startups-ipr-event/

 

 

History of advertising: No 174: O2′s bubbles trademark

How far can UK advertisers go in their use of “knocking copy”? In other words, how free are they to run work that denigrates a rival’s product?
Read more at http://www.campaignlive.co.uk/arti

 

 

Trademark ruling keeps red square student protest symbol public

Quebec entrepreneur tried to trademark symbol for line of clothing

Read more at: http://www.cbc.ca/news/canada/montreal/

 

 

Are patents good – or bad? The people vote

In the great tradition of UK debating societies, ESOF’s Science to Business programme offers a structured, pro and con debate on one of the most contentious issues in innovation:  Are patents good or bad for society?

Read more at: http://www.sciencebusiness.net/news/79853

 

 

Intellectual Property: Things To Know About Building IoT Products in China

Internet of Things (IoT) products are red hot and this means my law firm’s China lawyers are getting a steady diet of China IoT legal matters. The biggest problem we are seeing in this industry is that few of the Western (mostly American, European and Australian) companies that are coming to my law firm quite know who owns what when it comes to the intellectual property tied to “their” IoT product. Needless to say, this causes all sorts of problems.

Read more at: http://www.forbes.com/sites/danharris/2016/

 

 

The impact of Brexit on intellectual property

The referendum has come and gone, Britain voted to leave the EU. What implications does this now have for intellectual property rights holders across the UK and EU? Immediately, not many. There is no sudden change now that we are the other side of 23 June.

Read more at: http://www.lexology.com/library/detail.a

 

 

Eat Your Art Out: Intellectual Property Protection For Food

Let’s face it, we live in a food-crazed world. Our current preoccupation with food has less to do with eating it; we also are fascinated with looking at it. Posting photos of food on Instagram is now a universal pastime. Food reality shows like Top Chef, Cake Boss, and Chopped are extremely popular and chefs are now considered bona fide celebrities, known internationally for their signature recipes.

Read more at: http://www.mondaq.com/unitedstates/x/50

 

 

Tesla Motors Inc Files Solar Trademarks Under Its Own Brand

Last week Tesla CEO Elon Musk declared plans to acquire SolarCity and fold the solar panel installer’s operations into its own business. The offer is contingent on shareholder votes and board approval at both companies, but the EV firm is not waiting for that and has gone ahead with six trademark applications to sell solar products under its “Tesla” brand, reports Electrek.

Read more at: http://www.valuewalk.com/2016/06/tesla-trademarks-sel

 

 

What Brexit Means for EU Trade Marks 

The United Kingdom has voted by a narrow majority to leave the European Union (“Brexit”). But the process of Brexit will take time, and the implications for our clients’ businesses will also unfold over time. Our MoFo Brexit Task Force is coordinating across all of our offices and working with clients on their key concerns and issues, now and in the coming weeks and months. We will also be providing MoFo Brexit Briefings on a range of key issues. We are here to support you in any and every way that we can.

Read more at: http://www.lexology.com/libra

 

 

Supreme Court, In Halo, Balances The Value Of Patents And Innovation

Quid pro quo. These three words will evoke different images for different people. Many will visualize Anthony Hopkins through the bars of a holding cell, imploring Jodie Foster to share personal details about her childhood. If you happen to be a justice of the Supreme Court of the United States, your first thought may run to the underpinnings of the U.S. patent system. Indeed, quid pro quo was very much on the minds of the high court’s justices when they issued their unanimous decision in Halo Electronics Inc. v. Pulse Electronics, Inc. on June 13, 2016.

Read more at: http://www.forbes.com/sites/danielfi

 

 

Brazil ready for Olympics with new ambush marketing laws

Brazil recently amended its 2009 Olympic Act to protect official event sponsors from ambush marketers. The changes took effect on May 10, 2016, ahead of the Rio 2016 Games.

“Brazil has enacted tough new legislation to protect the Games from ambush marketers,” said Valdir Rocha, Partner of Veirano Advogados in Rio de Janeiro, Brazil. “We expect that these new laws will be backed up with aggressive enforcement as well.”

Read more at: http://www.bizcommunity.com/Article/196/423/146871.html

 

 

Brazil Enacts New Ambush Marketing Laws In Advance Of Rio 2016 Olympic Games
In preparation for the upcoming 2016 Olympic Games in Rio, Brazil recently amended its 2009 Olympic Act to protect official event sponsors from ambush marketers.  The changes took effect on May 10, 2016.
Read more at: http://www.engineeringnews.co.za/article/b

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Brazil’s new rules for its Genetic Heritage Access Law

On May 11, 2016 the Federal Government published the Decree No. 8,772, which aims to regulate and clarify the provisions contained in Law No. 13,123/2015 – the Genetic Heritage Access Law – which address access to genetic heritage, protection and access to the associated traditional knowledge, and the sharing of benefits for conservation and sustainable use of biodiversity in Brazil.

The main regulated points are:

• The establishment of the National Genetic Heritage Management and Associated Traditional Knowledge System (SISGen) to carry out and control the access to the national genetic heritage and associated traditional knowledge;
• The definition of standards for the sharing of benefits arising from economic exploitation of a finished product or reproductive material that result from access to genetic heritage of Brazilian species;
• The regulation of the Benefit-Sharing National Fund (FNRB);
• The establishment of administrative sanctions; and
• The provision of rules for the adequacy / regularization of activities carried out under the previous legislation or activities in which there were access to national genetic resources without authorization.

The previous legislation required prior authorization for the access of national genetic resources or associated traditional knowledge. Going forward, a simple registration will be enough. The registration must be done, for example, in order to send material abroad, prior to requesting any intellectual property right and prior to publishing a scientific paper, among other requirements.
The new Decree also sets out the basis for the sharing of benefits resulting from economic exploitation of a finished product or reproductive material that results from access to national genetic heritage or associated traditional knowledge. The sharing of such benefits may or may not be monetary, and micro and small companies and individual entrepreneurs will be free from benefit sharing.

Finally, there will be a term of one (1) year from the availability of the system that allows the electronic registration (SISGen), so that activities carried out under the previous legislation can be adjusted to the new legislation (carrying out registration and sharing of benefits in case of economic exploitation). Moreover, activities in which there was access to genetic resources without authorization may be regularized within the same term. In order to regularize patent applications filed at the BPTO, applicants must submit proof of registration with SISGen.

For more information, do not hesitate in contacting: diblasi@diblasi.com.br.

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