ILN IP Insider

An International Lawyers Network IP Group Publication

Latest from ILN IP Insider - Page 2

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.…

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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

…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

Protection of Photographic Works

By Tsung-Yuan Shen of Lee and Li, Attorneys-at-Law

December 30, 2020

With the development of science and technology, cameras or mobile phones are now having various built-in shooting modes or parameters to facilitate photographers to quickly shoot assorted scenes or atmospheres, which is quite different from the traditional way that photographers need to adjust various parameters by themselves. Regarding whether the photographic works taken using the built-in shooting modes or parameters of the camera or mobile phone meets the requirements of the Copyright Act for “creativeness…

ILN IP Insider

Can Trademarks having Domain Indicators Like “Dot Com” be Registered?

By Daniel H. Bliss of Howard & Howard

December 16, 2020

Suppose that you want to federally register a trademark that has a domain indicator like “.com” at the end that identifies a source of goods or services related to your business. The trademark may have a first part that is generic like “automobile” and a second part that is a domain indicator like “.com”. Should you attempt to register your trademark with the U.S. Patent and Trademark Office (USPTO)? Can you obtain a registration from…

ILN IP Insider

Protecting Your IP: Social Media Dos and Don’ts

By Erin Conway of McDonald Hopkins

December 9, 2020

Social media continues to offer an invaluable platform for natural products brands to engage and expand their customer base. In these times, consumers are using social media more and more—particularly on their mobile devices—to stay informed, explore new products, and shop. This rapt audience allows brands to provide authentic and of-the-moment communications to their customers, develop brand ethos and drive sales. But, even with all the benefits of social media, just one misstep on intellectual…

ILN IP Insider

CANADIAN INNOVATION DURING THE COVID-19 PANDEMIC

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

December 2, 2020

Canadian Innovation Week, namely November 16th to November 20th this year, is a movement organized by the Rideau Hall Foundation and Canadian Innovation Space which seeks to recognize Canadians advancing their respective industries and sectors, to connect individuals across the country and to encourage collaboration, creativity and innovation amongst current and future innovators. Canadian Innovation Week is being held virtually this year. Many of the week’s conversations concern efforts related to the fight against the…

ILN IP Insider

Journalism and copyright: is there a defence similar to fair use or fair dealing?

By Kriton Metaxopoulos of A. & K. Metaxopoulos and Partners Law Firm & Irini Daroussou of A. & K. Metaxopoulos & Partners Law Firm

November 25, 2020

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Law 2121/1993 on Copyright, Related Rights and Cultural Matters (the Copyright Law) does not provide for a fair use or fair dealing defence.(1) Nevertheless – and in compliance with the EU Information Society Directive (2001/29/EC) – the Copyright Law contains an exhaustive list of specific statutory exceptions and limitations on authors’ economic rights.…

ILN IP Insider

An International Lawyers Network IP Group Publication

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

Protection of Photographic Works

Can Trademarks having Domain Indicators Like “Dot Com” be Registered?

Protecting Your IP: Social Media Dos and Don’ts

CANADIAN INNOVATION DURING THE COVID-19 PANDEMIC

Journalism and copyright: is there a defence similar to fair use or fair dealing?

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