ILN IP Insider

An International Lawyers Network IP Group Publication

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AB C D E F G H I J K L M N O PQR S T U V WXYZ

Maksim Ali of Maxima Legal LLC

Jennifer Armstrong of McDonald Hopkins

Michael Armstrong of Lewis Rice

Latest from ILN IP Insider

ILN IP Insider

Entitled To Copyright Erasure?: A Fair Use Search For A Derived Yet Transformational Work

By James P. Flynn of Epstein Becker Green

April 7, 2021

The title is the first thing the reader sees or hears …—and getting it right is the single most important … decision you’ll make. The title forms the basis of the reader’s judgment ….” Tucker Max For those of you who may read my past ILN posts, you will not be surprised that I subscribe to the Tucker Max approach: Make the title attention-grabbing, memorable and searchable, informative, easy and not embarrassing to…

ILN IP Insider

Infringers Beware – The U.S. is Emphasizing Copyright Enforcement

By Lidia Mowad of McDonald Hopkins

March 31, 2021

The United States received two major copyright updates in the middle of the pandemic. Copyright owners should breathe a sigh of relief. On December 27, 2020, as part of the major COVID-19 Relief bill, the Copyright Alternative in Small-Claims Enforcement Act of 2020 (the “CASE Act”) and the Protecting Lawful Streaming Act of 2020 (the PLSA”) were signed into law. The Problem: Streaming is the thing—whether with music, television, movies, audiobooks, or videogames. Like with…

ILN IP Insider

The Eurasian Patent Office has launched the Pharmaceutical Register

By Boris Malakhov of Lidings Law Firm & Anna Kuminova of Lidings Law Firm

March 17, 2021

Since 1 March 2021, the Pharmaceutical Register of the Eurasian Patent Office (EAPO) is available on the official website of the Eurasian Patent Office. The Register contains information on Eurasian patents protecting active substances of drugs. The EAPO specifically indicates that the Pharmaceutical Register shall relate to the patents protecting pharmacologically active products (chemical compounds, including those described by the same structural formula, biotechnological products, compositions, combinations), production methods and medicinal use of the products.…

ILN IP Insider

Can U.S. Trademark Registrations Be Cancelled for Non-Use?

By Daniel H. Bliss of Howard & Howard

March 10, 2021

Suppose that you want to register a trademark that identifies a source of goods or services for your business. What if you file a federal trademark application and the U.S. Patent and Trademark Office refuses registration of the trademark based on a likelihood of confusion with another trademark registration? Can you cancel the cited trademark registration with the U.S. Patent and Trademark Office because of non-use in commerce? The answer is “YES!” if the trademark…

ILN IP Insider

Don’t Smile at the Camera – New Biometric Data Laws

By Gary A. Kibel of Davis & Gilbert LLP & Oriyan Gitig of Davis & Gilbert LLP

February 17, 2021

Biometric data is seen as a preferred means of identification by many businesses. Unlocking a smartphone using facial recognition and other biometric identifiers, for example, gives users the feeling as if they are more protected (e.g., less risk of identity theft). However, similar to the boom in privacy developments and legislation related to the collection and use of more traditional personal information, the growth of biometric data use by businesses, law enforcement, employers and other…

ILN IP Insider

Protecting Confidential Information in Canada: Is there a Better Way?

By Colleen Spring Zimmerman of Fogler Rubinoff & Catherine Hart at Fogler Rubinoff

February 10, 2021

The British Columbia decision Equustek Solutions Inc. v Jack [1] highlights the difficult, time consuming, and expensive exercise that organizations may find themselves in when an employee misuses confidential information. In today’s environment, information can be downloaded, transferred or shared instantly. How can organizations best protect their intellectual property assets and confidential information to maintain their competitive advantage?…

ILN IP Insider

AUSTRALIAN PATENT LAW UPDATE – THE HIGH COURT HAS OVERTURNED OVER 100 YEARS OF LAW, FAVOURING THE US DOCTRINE OF EXHAUSTION

By Natalie Lasek of Kalus Kenny Intelex & Brighid Virtue of Kalus Kenny Intelex

February 3, 2021

Late last year, the High Court of Australia overturned more than 100 years of precedent when it handed down its decision in Calidad Pty Ltd v Seiko Epson Corporation [2020] HCA 41 (Calidad v Seiko). Rather than following the existing principle of ‘implied licence’, in its decision, the High Court adopted a US common law patent doctrine, which provides that a patentee’s monopoly rights over its inventions are ‘exhausted’ after sale (the exhaustion doctrine).…

ILN IP Insider

BANKSY’S “FLOWER THROWER” TRADEMARK: A CRITICAL APPRAISAL OF THE RECENT DECISION OF EUIPO CANCELLATION DIVISION

By Lavinia Savini of Ferrari Pedeferri Boni Studio Legale Associato

January 28, 2021

The Cancellation Division of EUIPO has recently issued a resounding decision declaring the invalidity of the figurative trademark representing the “Flower thrower”, one of the most iconic Banksy’s mural paintings. The motivations on which the decision is based are questionable since it seems to be willing to take a punitive stance against the British street artist due to his commonly known distaste for intellectual property rights.…

ILN IP Insider

Cash rebate and tax relief for production of audiovisual works

By Achilleas Christodoulou of A & K Metaxopoulos & Partners

January 26, 2021

Introduction In recent years there has been a remarkable effort to make Greece an attractive destination for the production of audiovisual works (eg, films, TV series and video games). The most important initiatives in this respect are: the cash rebate state aid scheme, which covers 40% of eligible production costs; and the tax relief incentive, which covers 30% of eligible production costs. An audiovisual work may qualify for both the cash rebate scheme and the…

ILN IP Insider

The King Is Dead! Long Live The King!: Elvis Sightings, Taking Care of Business, And Rights Of Post-Mortem Publicity

By James P. Flynn of Epstein Becker Green

January 13, 2021

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…Never let me go… I’ll be yours through all the years, till the end of time. [Love Me Tender, performed by Elvis Presley] Elvis sightings have had a long, storied life of their own since the King of Rock-and-Roll’s “death” was reported (or perhaps exaggerated (though neither greatly nor grossly)), in 1977. Indeed, since 1977, it has been claimed that Mr. Presley had an uncredited appearance in the movie Home …

ILN IP Insider

An International Lawyers Network IP Group Publication

Blog Authors

Entitled To Copyright Erasure?: A Fair Use Search For A Derived Yet Transformational Work

Infringers Beware – The U.S. is Emphasizing Copyright Enforcement

The Eurasian Patent Office has launched the Pharmaceutical Register

Can U.S. Trademark Registrations Be Cancelled for Non-Use?

Don’t Smile at the Camera – New Biometric Data Laws

Protecting Confidential Information in Canada: Is there a Better Way?

AUSTRALIAN PATENT LAW UPDATE – THE HIGH COURT HAS OVERTURNED OVER 100 YEARS OF LAW, FAVOURING THE US DOCTRINE OF EXHAUSTION

BANKSY’S “FLOWER THROWER” TRADEMARK: A CRITICAL APPRAISAL OF THE RECENT DECISION OF EUIPO CANCELLATION DIVISION

Cash rebate and tax relief for production of audiovisual works

The King Is Dead! Long Live The King!: Elvis Sightings, Taking Care of Business, And Rights Of Post-Mortem Publicity

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