Week’s news headlines – October 20th, 2017


AIPPI 2017: Warner Bros exec talks safe harbours and infringers
When illegal downloaders first appeared, the music industry’s initial response of suing infringers was unsuccessful, according to a Warner Bros executive

EFF wants ‘illegal’ EU copyright reform deleted
The Electronic Frontier Foundation (EFF) and 56 other civil society groups have demanded the deletion of an EU copyright reform because they say it would require illegal practices

Photographer sues Associated Press over Jennifer Lopez picture
The copyright infringement case was filed by Carl Wu yesterday, October 17, at the US District Court for the Southern District of New York



Ironworks files new complaint against Apple asserting patents covering tactile feedback, ringtone silencing tech
On Friday, October 6th, Chicago, IL-based intellectual property owner Ironworks Patents LLC filed a patent infringement case against Cupertino, CA-based consumer tech giant Apple Inc. (NASDAQ:AAPL) in the District of Delaware

Patent lawsuits flock from Texas to Delaware after TC Heartland
More patent cases were filed in Delaware than in Eastern Texas in the third quarter of 2017, with the US Supreme Court’s TC Heartland ruling appearing to take its toll on the traditionally popular jurisdiction

Facebook and Instagram receive enforcement letters over app technology
Telecoms company UnitedCorp has claimed that features on Facebook and Instagram that allow users to reveal their location infringe technology it owns covering a newly released smartphone app

Patents and populism; Unwired Planet lessons for the US; why trial lawyers struggle at the PTAB … an AIPPI report
The populist wave gaining traction in many parts of the world is undoubtedly filtering through to IP policies

Apple ordered to pay $439m for infringing VirnetX patents
Apple has been ordered to pay more than $439 million to internet security software company VirnetX, after again being found liable for patent infringement relating to its ‘FaceTime’ technology

Allergan’s RESTASIS® patents declared invalid by Eastern District of Texas
Yesterday, in a 135-page opinion, Judge William C. Bryson of the United States Federal District Court for the Eastern District of Texas found that Allergan’s RESTASIS patents were infringed by Teva Pharmaceuticals USA, but that Teva had demonstrated invalidity of those patents by clear and convincing evidence

McCormick and the Separation of Powers Constraints of Patent Invalidation
Patents have characteristics of a private right. See 35 U.S.C § 261

WIPR webinar: Top tips for patent applications in China
Those looking to obtain a patent in China should consider the utility model system, as well as a traditional invention patent, a webinar heard


Intellectual Property

AIPPI 2017: Panel hears about ‘fishy’ pay-for-delay cases
“We didn’t do these cases because we’re against IP rights, but what we saw is, if you pay very substantial amounts of money to people in order for them not to go onto the market, it’s a bit fishy.”

AIPPI 2017: Business as usual for trade secrets litigation, claims Australian judge
There has not been an uptick in the number of trade secrets cases filed in Australia, despite growing awareness of the form of protection, according to Justice David Yates of the Federal Court of Australia

Renegotiate NAFTA to Make it the Gold Standard in IP Protection
In January 1994 NAFTA (The North American Free Trade Agreement) came into force as the first international trade agreement to incorporate obligations on member states to protect intellectual property rights

AIPPI 2017: Going for gold in sports IP deals
Sport needs money to operate, and with a large chunk of funding stemming from sponsorship, the sale of IP is the very lifeblood of the industry, a panel discussion heard



Bad luck for counterfeiters on Friday 13
UK authorities have seized counterfeit clothing worth more than £2 million ($2.7 million) in a raid on Manchester’s so-called ‘counterfeit street’.

Protecting Branded Apparel IP Assets: Pursuing Counterfeiters and Their Profits
Branded apparel companies face many challenges in protecting their IP assets, including the unavailability of copyright protection for fashion designs, the length of time necessary to secure a design patent, the challenge of securing secondary meaning required for a trade dress claim before the market is flooded with knock-offs, and the geographic and practical impediments to pursuing counterfeiters, who are often foreign-based and/or judgment proof



Coachella wins preliminary injunction against film festival
The organisers of the Coachella music festival have obtained a preliminary injunction against a Californian resident running a film festival called ‘Filmchella’, despite it already taking place

Škoda enjoined from selling its ‘Monte Carlo’ car in India
Czech car manufacturer Škoda has been stopped from using the ‘Monte Carlo’ name in India following a trademark infringement case brought by a Monaco-based fashion company

SCOTUS declines to hear case on Google genericide
Google may have breathed a sigh of relief as the US Supreme Court refused to hear claims that the company’s trademark has become generic

AIPPI 2017: Simon Tam on ‘The Slants’ case and his love of Ruth Ginsburg
“How do you win a US Supreme Court case? Stop thinking like an attorney, and start thinking like an activist.”

Calculator company can’t count on General Court in TM dispute
The General Court has backed the European Union Intellectual Property Office (EUIPO) in dismissing an opposition filed by Moravia Consulting against a calculator trademark, despite claims Moravia had used the same mark in the Czech Republic

H&M and Wildfox in trademark clash over fictitious basketball team
Clothing outlet H&M has asked the US District Court for the Southern District of New York to rule that a range of clothing using the name of fictitious basketball team ‘Wildfox’ does not infringe a rival’s trademark

Casino game trademark too descriptive, EU court rules
A company has been refused a trademark for a casino-style game it develops, because the mark applied for was too descriptive

Chanel sues group based in ‘lax’ jurisdictions
French fashion company Chanel has filed a complaint against 20 defendants who “operate in foreign jurisdictions with lax trademark systems” for allegedly selling counterfeit goods online

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Brazil about to launch online platform effecting biodiversity law

In November 2015, the Brazilian Biodiversity Law no. 13,123/2015 entered into force, stipulating the terms and conditions to access the Brazilian Genetic Heritage and Associated Traditional Knowledge. Amongst its important provisions, it maintained the Board of Management of Genetic Heritage (CGen) to oversee the application of this law, which had already been created in prior legislation.

The president of Brazil issued a decree to regulate the Brazilian Biodiversity Law, demanding that CGen creates and operates a system to enable companies to access Brazilian biodiversity. This online system, referred to as the Management System of Genetic Resources and Associated Traditional Knowledge (SisGen), has remained under development since the request.

CGen recently announced that SisGen will be launched on November 6, 2017. As of this date, companies will be able to register to access the Brazilian Biodiversity and report benefits sharing agreements, an important requirement of the Biodiversity Law. Also, the one-year deadline for companies and universities to adequate their previous requests and accesses to the Brazilian biodiversity will start counting down, as determined by the Biodiversity Law.

For additional information on the Biodiversity Law previously reported by our firm, please click here.

For more information on these developments on Biodiversity in Brazil and other IP-related subjects, do not hesitate to contact us.

Click here to read it in PDF

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UPCOMING EVENT: Rio Music Market 2017


On September 13th, the attorney-at-law Daniela Colla will be at Rio Music Market 2017. She will mediate the panel “Musical Architecture of Sound Tracks for Games”. It will be discussed at the opportunity the importance and the singularities of producing sound tracks for games.

The event will happen from September 12 to 14th, in Rio de Janeiro.

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