The recent decision in SAS Institute v. Iancu — in combination with the proposed shift from a broadest reasonable interpretation (BRI) standard to the Phillips standard for claim construction used in district court — moves trials at the U.S. Patent Trial and Appeal Board toward being the most likely forum for first consideration of claim construction and patent validity, and perhaps a shift toward becoming a truer “alternative” to litigation, as Congress envisioned under the America Invents Act. View Full Post
Hong Kong: How do I draft my arbitration agreement for IP disputes? In our earlier article, we discussed the implications of the Arbitration (Amendment) Ordinance 2017 and the factors to consider when deciding whether to settle Intellectual Property Right (“IPR”) disputes by arbitration. Since arbitration can only take place with the consent of all parties, a crucial first step is to create a valid, enforceable arbitration agreement that reflects the consensus of the parties. View Full Post
Hong Kong relaxes regulations on product placement: Episode two The Communications Authority (“CA”) recently issued its decision to relax existing regulations on indirect advertising (commonly known as product placement) in television programmes (“TV programmes”) and to lift bans on advertisements for undertakers and associated services. We have previously discussed the CA’s decision in September 2017 to review its Generic Code of Practice on Television Programme Standards and Generic Code of Practice on Television Advertising Standards (together, the “Codes“) in our article: Opening the door for product placement in Hong Kong? View Full Post
Location Information Is Protected by the 4th Amendment, SCOTUS Rules As close observers of the implications of privacy law on companies’ data collection, usage and disclosure practices, we at Socially Aware were among the many tech-law enthusiasts anticipating the U.S. Supreme Court’s recent decision in Carpenter v. United States, in which the Court held that the government must obtain a warrant to acquire customer location information maintained by cellular service providers, at least where that information covers a period of a week or more. View Full Post
Sticky Rebranding and Fluid Marks I have fond memories¹ of drowning my pancakes in all the flavored syrups on the table rack at IHOP. But, on June 4, the International House of Pancakes announced that though it had been IHOP for 60 years, it would be “flippin” its name to “IHOb” in a week: This was enough to cause some IHOP patrons to flip out: IHOP’s Twitter account had fun teasing the public, but remained serious about the trademark issues:     Note the change from ® to “sm” as the “p” changes to “B” above. View Full Post
Pursuant to the “license barrier” rule in Sec. 4j German Income Tax Act, newly introduced as of 1 January 2018, arm’s length business expenses of a company incurred for the right to use intellectual property (“IP”) and certain other rights are not fully deductible from the income tax base, if (i) the corresponding licensing income of the licensor is taxed at a rate lower than 25% (“Preferential Taxation”), (ii) this low tax rate is not the standard tax rate applicable in the respective jurisdiction but results from a preferential tax regime (e.g. View Full Post