Week’s news headlines – July 21, 2017

Patents

Apple’s deal with a Korean NPE indicates the patents involved were of very high quality
Apple has acquired a group of 11 patents from Korean NPE Goldpeak, according to USPTO assignment records dated 29th June
http://www.iam-media.com/blog/Detail.aspx?g=f0756a41-5af1-46b6-ad51-47933efc7efb

$17 million: The real and staggering cost to patent in the US in the PTAB age
At least $17 million. That is what my Bunch O Balloons patent has cost so far. It could grow to $50 million. Yes, we are talking about water balloons, not smartphones
http://www.ipwatchdog.com/2017/07/16/real-staggering-cost-getting-patent-ptab/id=85639/

EU reviewing whether UPC can stay in London
Brussels is looking into the possibility that the London division of the Unified Patent Court (UPC) might have to be relocated in light of Brexit
http://www.worldipreview.com/news/eu-reviewing-whether-upc-can-stay-in-london-14336

Report shows drug patents fare better in IPR proceedings at PTAB
While the Patent Trial and Appeal Board (PTAB) has not been friendly to patent owners, to put it mildly, the PTAB has not been inhospitable to pharma patent owners according to a report issued in mid-June by BiologicsHQ, a searchable database of drugs, patents, and companies involved in PTAB inter partes review (IPR) proceedings developed by attorneys at Fitzpatrick, Cella, Harper & Scinto
http://www.ipwatchdog.com/2017/07/18/drug-patents-fare-better-ipr-proceedings-ptab/id=85628/

First CRISPR patent pool signs up key patent owner, but significant challenges remain
The end of June was the deadline to submit patents for inclusion in a potential new pool, organised by MPEG LA, that will focus on the CRISPR/Cas9 gene editing technology
http://www.iam-media.com/blog/Detail.aspx?g=09acb846-9af3-4d51-aee3-d6fa79351cfb

The Japan Patent Office outlines goals for coming year as first woman commissioner takes over
This month Naoko Munakata was announced as the new commissioner of the Japan Patent Office, replacing the retiring Yoshinori Komiya
http://www.iam-media.com/blog/Detail.aspx?g=4aa20c9a-9923-404b-81d0-cde526483a67

First CRISPR patent pool signs up key patent owner, but significant challenges remain
The end of June was the deadline to submit patents for inclusion in a potential new pool, organised by MPEG LA, that will focus on the CRISPR/Cas9 gene editing technology
http://www.iam-media.com/blog/Detail.aspx?g=09acb846-9af3-4d51-aee3-d6fa79351cfb

UK parliament debate on UPC delayed
On Monday, July 17, the motion on the Unified Patent Court (Immunities and Privileges) Order 2017, the final legislative step in the UK’s ratification process, was not debated in the House of Commons as had been scheduled
http://www.worldipreview.com/news/uk-parliament-debate-on-upc-delayed-14348

 

Trademarks

Wrigley files trademark complaint over e-cigarette liquid
In a lawsuit filed on Thursday, July 13 at the US District Court for the Northern District of Illinois, Eastern Division, Wrigley claimed that Chi-Town Vapers had infringed its IP covering the Doublemint and Juicy Fruit brands of gum
http://www.worldipreview.com/news/wrigley-files-trademark-complaint-over-e-cigarette-liquid-14328

Havaianas brand sold for $1.1bn amid corruption scandal
Havaianas flip-flops are manufactured by Alpargatas, which also owns fashion brand Osklen and has an exclusive licence for the Mizuno sportswear brand in Brazil and some other Latin American countries
http://www.worldipreview.com/news/havaianas-brand-sold-for-1-1bn-amid-corruption-scandal-14334

Mister Softee sues former licensee after freezing him out
The ice cream truck franchisor claimed that Carl Gallucci had infringed its trademarks and trade dress in a filing (pdf) at the US District Court for the District of New Jersey on Thursday, July 13
http://www.worldipreview.com/news/mister-softee-sues-former-licensee-after-freezing-him-out-14333

Chanel secures trademark win at EU court
Yesterday, July 18, the court held that a lookalike trademark being used by the jewellery company infringed Chanel’s mark (two interlocking ‘C’s)
http://www.worldipreview.com/news/chanel-secures-trademark-win-at-eu-court-14342

Lidl bites back at Kroger over food range
Earlier in July, WIPR reported that Lidl, which opened its first store in the US in June, had filed a trademark to cover its ‘Preferred Selection’ range
http://www.worldipreview.com/news/lidl-bites-back-at-kroger-over-food-range-14339

Louis Vuitton seeks Supreme Court review of parody case
In its rehearing request, Louis Vuitton said the Second Circuit based its finding of a parody “solely on its subjective view” that the bags were “obviously a joke”
http://www.worldipreview.com/news/louis-vuitton-seeks-supreme-court-review-of-parody-case-14346

JPO Decides WHITNEY HOUSTON Trademark is Descriptive When Used on Music Recordings
In a recent appeal decision, the Japan Patent Office (JPO) upheld an examiner’s refusal to extend protection to WHITNEY HOUSTON, but eventually wound up granting the trademark WHITNEY HOUSTON because the Estate of Whitney Houston deleted all music recordings from goods designated under the International Registration (IR) no. 1204044
http://www.ipwatchdog.com/2017/07/21/jpo-decides-whitney-houston-trademark-descriptive/id=85829/

Neighboring booths at IDEA World 2017 locked in trademark infringement case over fitness equipment
IDEA World 2017 is the 35th-annual version of a conference for the fitness industry which runs from this Wednesday, July 19th, through Sunday, July 23rd in Las Vegas, NV
http://www.ipwatchdog.com/2017/07/20/neighboring-booths-idea-world-2017-trademark-infringement-case-over-fitness-equipment/id=85911/

Decorative patterns similar to Chivas’ trademarks constitute trademark infringement
Beijing High Court grants protection to Chivas’ 3D bottle trademarks and device trademarks covering its label and packaging by finding that the accused product using a decoration similar to Chivas’ trademarks constitutes trademark infringement.
http://www.wanhuida.com.cn/tabid/259/ArticleID/5939/Default.aspx

CITMA calls for rights of representation before EUIPO after Brexit
The Chartered Institute of Trade Mark Attorneys (CITMA) has called for all current practitioners to be able to represent their clients before the EU Intellectual Property Office (EUIPO) following Brexit.
http://www.worldipreview.com/news/citma-calls-for-rights-of-representation-before-euipo-after-brexit-14350

 

Copyright

Canadian licensing agency victorious against York University
On Wednesday, July 12, the Federal Court of Canada held that the university’s fair dealing guidelines do not excuse it from paying royalties to Access Copyright
http://www.worldipreview.com/news/canadian-licensing-agency-victorious-against-york-university-14327

Copyright Preemption in the Smart Phone Society: The Ninth Circuit Clouds the Picture in T3Media
There is no question that smart phones have transformed the social and economic structure of society, and the integration of increasingly effective cameras has helped spark the revolution
http://www.ipwatchdog.com/2017/07/18/copyright-preemption-smart-phone-society-t3media/id=85807/

 

Intellectual Property

15% of UK internet users access illegal content: UKIPO
Around 15% of UK internet users over the age of 12 consumed at least one item of online content illegally in the three months leading up to March 2017
http://www.trademarksandbrandsonline.com/news/15-of-uk-internet-users-access-illegal-content-ukipo-5037

 

Piracy

Australian entertainment company invests A$1.5m in anti-piracy technology
Australia-based entertainment company Village Roadshow has invested A$1.5 million ($117.3 million) in Linius Technologies, a developer of anti-piracy solutions
http://www.trademarksandbrandsonline.com/news/australian-entertainment-company-invests-a-1-5m-in-anti-piracy-technology-5038

Estée Lauder cracks down on counterfeit Mac products
According to a court filing, the defendants reside in China or other foreign jurisdictions and are an interrelated group working together
http://www.trademarksandbrandsonline.com/news/estee-lauder-cracks-down-on-counterfeit-mac-products-5039

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Brazil moves toward implementing new biodiversity law

The Brazilian Government just signed decree no. 9,085/2017, which creates a support department for the Board of Management of Genetic Heritage (CGen). This support department will act as CGen’s executive board, which facilitates the implementation of the Biodiversity Law (no. 13.123/2015) to be effectively implemented. This decree will be effective as of July 27, 2017.

CGen is a public entity responsible for coordinating and managing access to national genetic resources and associated traditional knowledge. This access will be made through the Management System of Genetic Resources and Associated Traditional Knowledge (SisGen). CGen’s acting executive board is the internal department responsible for implementing, keeping and operating SisGen.

It is now believed that, with the implementation of this new department, in a short time SisGen will be up and running., This will allow companies comply with the mandatory legal requirements to access the Brazilian genetic resources and associated traditional knowledge. This way, Brazil will be one step closer to sustainable development.

For additional details regarding the Brazilian Biodiversity Law, which determines ways to access Brazilian genetic resources and associated traditional knowledge, as well as other aspects associated to that subject, please click here.

For further information, please feel free to contact us. 

Read it in PDF: Newsletter – Lei Biodiversidade 20170724

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Fashion in the Courts | August 24th | Rio de Janeiro

On Thursday, August 24th, managing partner Paulo Parente Marques Mendes will participate in the event “Fashion in the Courts”, at the School of Magistracy of the State of Rio de Janeiro (EMERJ).

The event, which takes place from 9:30 a.m. to 6:00 p.m., will have the theme “Counterfeiting and piracy: what are the differences and effects in practice”.

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