Week’s news headlines – mar. 27th 2015

Importance of trademark clearance searches in brand development

A recent news story involving an advertising campaign to promote tourism in the Yukon territory illustrates the importance of integrating experienced trademark counsel early in the brand development process.

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James Packer sucked into trademark dispute over “Crown Resorts” name

Casino mogul James Packer will be forced to defend the business name he has used for decades, after a rival hotel group launched legal action against the billionaire’s Crown group over the right to the name “Crown Resorts”.

While Packer’s casino and hotel business previously registered the trademark Crown Global Resorts, it has recently lodged an application with IP Australia to register the trademark “Crown Resorts”.

Saiba mais em: http://www.smartcompany.com.au/legal/inte




The Contract Management technology, called iContract Authoring, includes a feature that allows contract producers to extract contract clauses that already exist in third party documents stemming from, for example, suppliers. According to Zycus, the technology automates the process for customizing preapproved legal template when negotiating with suppliers.

Saiba mais em: http://www.pymnts.com/news/b2b-paym



Analysis of the use of trademarks in oem based on the legislative intent of trademark protection 

Whether OEM constitutes trademark infringement has been an area of controversy in the field of intellectual property for many years. The ongoing debate has arisen recently, mainly focusing on the following three points: a) whether export-related OEM constitutes trademark infringement regulated by the Trademark Law of the PRC; b) whether OEM satisfies the requirement of “prior use” with an ability to prevent others from registering the trademark on the same or identical goods by illegitimate means; c) whether OEM can defend others’ cancellation requests on the grounds that the trademark has not been used for three years consecutively.

Saiba mais em: http://www.lexology.com/library/detail.



Mary Kay files trademark lawsuit against internet coupon giant RetailMeNot

Earlier this month, the cosmetics multi-level marketer Mary Kay Inc. (“Mary Kay”) sued Internet coupon company RetailMeNot, Inc. (“RetailMeNot”) in a federal court in Dallas for alleged trademark violations.  Specifically, Mary Kay’s trademark lawsuit takes issue with the Mary Kay coupon codes that RetailMeNot purportedly provides to online consumers.

Saiba mais em: http://www.lexology.com/library/detail.asp



The importance of US patent quality

It’s for this reason that I’m speaking this week at the U.S. Patent and Trademark Office (USPTO)Patent Quality Summit. The Summit provides an opportunity for USPTO officials, inventors, and patent system stakeholders to come together to discuss patent quality, including six new proposals on which the USPTO has requested feedback.

Saiba mais em: http://thehill.com/blogs/congress-blo



Firms share patents to grow market

Panasonic Corp.’s recent decision to release about 50 of its patents related to the Internet of Things (IoT) for free is an unusual corporate move that makes its patent information freely accessible even to rival companies, although patents are conventionally seen as revenue sources.

Saiba mais em: http://the-japan-news.com/news/article/0002033061



Panasonic Opens Intellectual Property Porfolio To Boost Internet Of Things Development

Panasonic pledges to provide companies with royalty-free access to some of its IoT software and patents as way to speed up the development of new IoT software and services. The company is adopting the model of the open-source software movement by sharing its software and product experience in cloud computing technologies.

Saiba mais em: http://www.techtimes.com/articles/41800/2




High Court clarifies the distinctiveness of foreign word trade marks

On 3 December 2014, the High Court of Australia allowed an appeal against the Full Federal   Court’s decision in Modena Trading Pty Ltd v Cantarella Bros Pty Ltd and found that Cantarella’s trade marks CINQUE STELLE and ORO are inherently adapted to distinguish the goods for which they were registered (i.e. coffee and coffee-based beverages) from the goods of other persons. The High Court ordered rectification of the Trade Mark Register to re-allow Cantarella’s trade marks   for ORO (which is Italian for ‘gold’) and CINQUE STELLE (which is Italian for ’five star’).

Saiba mais em:  http://www.lexology.com/library/detail.



Know your copyrights

Copyright is rarely discussed in construction and development projects, but it can have far- reaching implications if the relevant permissions are not properly put in place. A copyright owner has the right to prevent others from carrying out numerous acts, including copying, adapting, or issuing copies to the public.

Saiba mais em: http://www.lexology.com/library/detail.asp



Copyrights And Catwalks!

Forgery is more or less the white collar crime of signing another person’s name to a document or check. Forgery is considered a serious offense subject to state and sometimes federal laws and penalties.

Saiba mais em: http://www.canyon-news.com/copyrights-and-catwalks-2/18043



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New rules, new oportunities…

2015 began with the publication of new rules in healthcare area that will contribute to the emergence of opportunities for industries in the sector and in the country as a whole.


The enactment of Law No. 13,097, on January 19th, 2015, has brought more flexibility to ANVISA’s actions, so that these actions are directed to situations of greater impact on society, ultimately allowing the development of the healthcare sector, as for example, in cases of clinical trials. Another advantage brought by this new law to the healthcare industries is related to the validity term of healthcare products’ registration under ANVISA’s surveillance. In fact, the referred law makes it possible to extend the validity term from 5 to 10 years, considering the product’s nature and the sanitary risks involved in its use. Furthermore, Law No. 13,097, establishes that the industries in the sector are exempted from payment of renewal fees.


Finally, for the purposes of supervision and monitoring of products subject to Health Surveillance system, the referred law also foresees the use of sanitary inspection reports by agencies or international institutions accredited by ANVISA.


Furthermore, ANVISA published Resolution RDC No. 09, on February 20, 2015, establishing new rules for the development of clinical trial of medicinal product in Brazil. This resolution defines the maximum period of 30 days for ANVISA to assess the Clinical Development of the Medicinal Product Report (DDCM) prepared by the company that either owns the drug or by the clinical agency doing the testing. Where ANVISA does not manifest in time, the clinical trial can be conducted, as long as it is approved on the ethical aspects of the research. However, regarding experimental drugs, in order to be allowed to proceed to Phase I and Phase II, as well for clinical development of biological products, the previous approval of ANVISA is still necessary. Clinical researches in the examination phase III, to be held simultaneously in different countries, will also benefit from this new rule.


The new rule also provides a type of approval that concentrates all phases of clinical studies into one single analysis, in order to harmonize national legislation on the subject with other international regulatory bodies.

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The new rule also provides a type of approval that concentrates all phases of clinical studies into one single analysis, in order to harmonize national legislation on the subject with other international regulatory bodies.



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