Tag Archives: intellectual property

Copyright Infringement before the Copyright Claims Board?

Suppose you have not registered your copyright in a book with the U.S. Copyright Office until someone has infringed your copyright by copying substantial portions of your book. Let’s also suppose you can prove that the alleged infringer has infringed your work and you can prove that the infringement caused you lost sales, lost opportunities to license, or diminution in the value of the copyright in the amount of $20,000. Can you sue the alleged infringer for actual damages for the copyright infringement without going to federal court? The answer to this question is YES!

The U.S. Congress has established the Copyright Alternative in Small-Claims Enforcement Act of 2020 (CASE Act) to provide an alternative forum to federal court before the Copyright Office called the Copyright Claims Board (CCB) for resolving certain copyright disputes that involve up to $30,000 (called “small claims”). The use of the CCB is voluntary and both parties must agree to participate. The CCB provides advantages over federal court because certain copyright disputes may be resolved before a panel of copyright experts as opposed to a jury or a federal judge. The CCB proceeding is a streamlined proceeding and a less-expensive alternative compared to federal court.

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WIPO introduces new business online-service that provides evidence of an intellectual asset’s existence

On 27 May 2020 WIPO launched new online business service, WIPO PROOF1, that provides tamper-proof evidence of the existence at a point in time of any digital file, including data sets, in any format.

The WIPO PROOF service generates tamper-proof evidence proving that a digital file existed at a specific point in time, and that it has not been altered since that time. An evidence in this case will be a digital WIPO PROOF token which consists of a date- and time-stamped digital fingerprint of the file (or data).

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Can Patent Claims be Cancelled Based on Indefiniteness by the PTAB during an IPR?

For the Patent and Trail Appeal Board (“PTAB”), the PTAB allows a petition for inter parties review (“IPR”) to request cancellation of claims in a U.S. patent.  For an inter parties review of a patent, the PTAB institutes review and determines if claims of a patent are unpatentable.  Can the PTAB cancel claims based on indefiniteness during an IPR?  The answer is NO!

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ILN Today Post

COVID-19 Intellectual Property Extensions Ending in Many Countries; Caution Over Potential Flood of Filings

Deadline suspensions by intellectual property offices around the world are rapidly coming to a close. Many of these extensions, including in the United States, Brazil, Canada, and other countries, were granted after the COVID-19 pandemic closed governmental offices and served as the basis for unprecedented relief from otherwise firm statutory deadlines for patent and trademark filings. Read more>>

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The Open COVID Pledge

Intellectual property rights are – by definition – monopolistic. How, then, can researchers, charities and NGOs collaborate with business in the development of new technologies to control and eradicate COVID-19?

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A Recipe for Patent Protection: Are food products patentable?

In the past several years, the food and beverage space has seen an explosion of innovation—alternative meat products, plant-based dairy and protein alternatives, CBD- and collagen-infused everything, and functional foods and beverages and containing everything from pre/pro/post-biotics to nootropic and adaptogenic herbs, just to name a few. And many of these innovations have led to wildly successful products with household brand recognition (think: Impossible Foods and Vital Proteins).

While many of these brands may be protected by robust trademark portfolios, what role have patents played in defining their territory in the market? Patent protection can add significant value to an emerging brand by keeping competitors at bay, serving as an asset or collateral to secure financing, or as leverage to license across different industries or markets. Yet, the vast majority of conventional foods occupying the shelves of your local grocery store are likely not covered by a utility patent.  Which begs the question, are food products patentable?

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Compulsory Licensing in Russia in the view of COVID-19

Nowadays the sphere of healthcare is becoming one of the mostly discussed because of a mass spread of the coronavirus pandemic (also COVID-19). Confirmed cases of COVID-19 around the world have passed more than a 2.4 million. As the disease is continuing to surge the World Health Organization is warning that there are no specific vaccines or treatments for COVID-19 as for today. However, there are many ongoing clinical trials evaluating potential treatments and developing drugs conducted by different laboratories in developed countries.

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COVID-19 Intellectual Property Update: Delays, Extensions, Overrides, and… Trademark Applications?

By Richard Uditsky, Sara Laraichi and Sydney Warshaw, from our Business Law Practice Group

April 21, 2020 — As with many government offices and legal institutions across the country, COVID-19, and the resulting workplace shifts, have had an impact on the processing times and delays for procedures passing through the Canadian Intellectual Property Office [CIPO]. Below we will provide a clear overview of the changes to take note of, as well as some interesting COVID-19 related news, that is worth keeping track of.

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Not Only Will We March Again: Committed, Resilient IP Lawyers Marching Still In Time Of COVID

A few weeks back, as remote working and social distancing were becoming the order of the day (and interesting phrase, given what quickly became the norm in many US states and cities, as executive orders abounded), my son tossed a statement in my direction that was both compliment and challenge:  “Isaac Newton developed calculus, among other discoveries and achievements, and Shakespeare may have written King Lear, during quarantine and social distance periods.  You’re not them, but you’re pretty smart so I am expecting something.”  Offering him this blog post, or some of the other things I have written or said in the last few weeks, is probably not what he had in mind.  But it did get me thinking about what intellectual property lawyers and others can do, and have been doing, as we practice law in the time of COVID.

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PANDEMICS AND EMERGENCY ACCESS TO PATENTED TECHNOLOGY IN CANADA

Canada’s COVID-19 Emergency Response Act came into force on March 25, 2020. Perhaps overlooked amongst emergency relief, health care and financial effects is Part 12 of the Act which makes changes to the Patent Act.

Why should the general public care about this? I’m glad you asked.

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