Week’s news headlines – jul. 03rd 2015

Hashtag Trademarks: #ItsAllAboutTheUse

Brand owners have embraced hashtags (words or phrases preceded by a hash or pound sign – #) as a way to both engage consumers and track social media posts regarding a specific product or topic.   Not surprisingly, the increased utilization of hashtags has led to a rapid increase in applications for hashtag marks in United States Patent and Trademark Office (USPTO) – particularly for services. However, many of these marks fail to register for technical reasons that can easily be dealt with if understood and addressed prior to filing.

Saiba mais em: http://www.natlawreview.com/article/hashtag-tr



 ‘Intellectual Property will help move economy forward’

“A 14-year-old has invented a device to pick up dust in crowded streets; such innovations from young minds should be encouraged and rewarded,” said Justice KN Basha, Chairman, Intellectual Property Appellate Board, at the Southern India Chamber of Commerce and Industry (SICCI) meet on Intellectual property here on Sunday.

Saiba mais em: http://www.thehindubusinessline.com/econo



Lawmakers consider lower tax rate for intellectual property housed in the U.S.

The idea — known as a patent box or innovation box — would help companies trying to maintain low tax rates they’ve achieved by booking income in overseas tax havens

Saiba mais em: http://www.investmentnews.com/articl



Taylor Swift blasts Apple over intellectual property and wins

I’ve just joined the ranks of Taylor Swift fans.

Not because I’ve suddenly become enamored with her music (which I’ll leave to the “Swifties,” as her fan base is known). But because of the 25-year-old pop star’s principled defense of intellectual property rights.

Saiba mais em: http://www.ocregister.com/articles/music-668



Why it’s time to open up our patent system

One year ago, Elon Musk announced that Tesla would dismantle barriers to the use of its technology by “open sourcing” its patents and making them available for all acting in good faith to use. Because patents are usually used to close, not open, doors to competitors, the move created confusion and criticism.

Saiba mais em: http://www.washingtonpost.com/blogs/innovati



Patents in Bolivia: Lexology Navigator Q&A

What are the criteria for patentability in your jurisdiction?
Patents must comply with Article 14 of Decision 486 in relation to Article 27 of the Agreement on Trade-Related Aspects of Intellectual Property Rights, which provides that patents must be new, involve an inventive step and be capable of industrial application.

Saiba mais em: https://www.lexology.com/library/detail.aspx?g



Samsung Ranked As No. 1 Patent Filer For Wearable Devices

Every so often a nugget of tech news reveals some of the weird and fascinating wearable tech that Samsung is tinkering on: from a smartwatch that can recognize barcodes or read gestures, to a flexible phone you can strap onto your wrist.

Saiba mais em: http://www.forbes.com/sites/parmyolson/2015/06/



Obama trade bill would boost biotech patents, leak suggests

A draft of the TPP trade agreement suggests President Obama is carrying the pharma industry’s wish list, especially for biologic drugs.

Saiba mais em: http://fortune.com/2015/07/01/tpp-patents/



Supreme Court Declines to Hear Appeal in Google-Oracle Copyright Fight

Many in the tech community expressed dismay at a Supreme Court decision on Monday not to hear the appeal of a copyright decision against Google.

But it could be years before lower courts provide clarity around an important component of big software systems, called Application Programming Interfaces.

Saiba mais em: http://bits.blogs.nytimes.com/2015/06/29/supreme



Appeals Court Rules Producer, Not Director, Gets Film Copyright

From directors to cinematographers, from designers to camera operators, it takes quite a number of hands to create a motion picture. On Monday, though, the 2nd Circuit Court of Appeals ruled that individual contributions can’t be recognized as works of authorship insofar as becoming independently copyrightable.

Saiba mais em: http://www.hollywoodreporter.com/thr-esq/appeals



In high-stakes copyright suit, Cox’s “top infringers” beg for privacy

In November, BMG Music and Round Hill Music did what some copyright holders have long threatened: they sued a large ISP, Cox Communications, seeking to hold it responsible for the piracy taking place on its network.

Saiba mais em: http://arstechnica.com/tech-policy/2015/06/in-high-stakes-copyright

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New BPTO’s Guidelines for Examination of Patent Applications in Biotech

Beginning January 3, 2015, Resolution No. 10/2014 issued by the Administrative Council of Economic Defense, known by its acronym in Portuguese CADE, went into effect, establishing  instances where collaborative agreements shall be submitted to CADE, in order to improve the application of Competition Law No. 12,529/2011.The Resolution is applicable to collaborative agreements with terms longer than two years, where there is horizontal or vertical cooperation, or risk sharing between the parties, which results in an interdependent relationship.


The mentioned Competition Law already requires that all agreements deemed “economic concentration acts” shall be submitted before CADE for approval. Before the Resolution, the understanding on collaborative agreements was obscure, leading to doubts on whether it was necessary to submit specific agreements for previous approval by CADE.
For that reason, considering the multitude and variance of contract negotiation that companies engage in, the new Resolution serves as a guide to restrict the situations in which collaborative agreements would be required to be submitted for prior approval from CADE.


The definition of collaborative agreements in Brazil is broad and does not depend on whether these agreements involve actual payment from one party to another. Furthermore, trademark and patent licenses, transfer of know-how, technical assistance agreements, as well as cooperation agreements for R&D, may all be considered as collaborative agreements and have the beginning of their effects suspended until CADE approves them, which, according to the law, may take up to 240 days from the date of filing.


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