Celebrating World IP Day: Is the Innovative Future Sustainable?
IPWatchdog.com | Patents & Patent Law
by Eileen McDermott
1h ago
The World Intellectual Property Organization (WIPO) established World IP Day (WIPD) 19 years ago to celebrate the day on which the WIPO Convention entered into force: April 26, 1970. And this year, WIPO has set as the theme for World IP Day 2024, “IP and the SDGs: Building our common future with innovation and creativity.” According to WIPO’s website, in order to reach the United Nations’ Sustainable Development Goals (SDGs), “we need to re-think how we live, work and play.” Intellectual property is, of course, a major part of this as the engine for “innovative and creative solutions that are ..read more
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The Rise of IP Lawsuits When Posting Images: How to Navigate and Avoid Copyright Infringement Issues
IPWatchdog.com | Patents & Patent Law
by Mary Grieco
6h ago
Picture this: You own a women’s swimwear business. You engage your customers by curating eye-popping images on social media that exude athleticism and style. While browsing online, you find a photo posted by someone else of a woman in one of your pink swimsuits diving into a pool. You instantly know that this woman is exactly who your customers want to be! You share it on your profile with the caption, “Making waves wherever I go” and link to your swimsuit for purchase. Within hours the post racks up 50,000 likes and 2,000 swimsuit orders. But the excitement quickly wears off when you receive ..read more
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Tenth Circuit Reworks Opinion on Extraterritorial Reach of Lanham Act as Per SCOTUS
IPWatchdog.com | Patents & Patent Law
by Eileen McDermott
6h ago
The U.S. Court of Appeals for the Tenth Circuit issued a revised opinion on Tuesday in the case of Abitron v. Hetronic, which was on remand from the Supreme Court’s June 2023 decision vacating a $96 million damages award for Hetronic. The Court ruled last year that Sections 1114(1)(a) and 1125(a)(1) of the Lanham Act are not extraterritorial in nature and that “‘use in commerce’ provides the dividing line between foreign and domestic applications of these provisions.” The underlying case involved Hetronic’s radio remote controls, which are used to operate heavy-duty construction equipment, suc ..read more
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Updated WHO Pandemic Accord Retains Commitments for Non-Exclusive Licensing and Royalty Waivers
IPWatchdog.com | Patents & Patent Law
by Steve Brachmann
1d ago
On April 19, the World Health Organization (WHO) released an updated draft proposal of an international agreement on the global response to future pandemics. While the WHO pandemic agreement has been met with widespread support from many of the international agency’s member nations, including the United States, it retains provisions limiting intellectual property (IP) rights that have encouraged opposition from lawmakers and pharmaceutical innovators alike ..read more
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The SEP Couch: Lyse Brillouet on Managing SEPs and Open Standards
IPWatchdog.com | Patents & Patent Law
by Tim Pohlmann, Ph.D.
1d ago
Lyse Brillouet has been the Chief Intellectual Property Officer and Senior Vice-President, Licensing, for the Orange Group since 2018. In the latest episode of The SEP Couch, Brillouet describes why intellectual property (IP) matters within the Orange Group, which has over 130,000 employees worldwide. IP for Orange is an important outcome of various research and development projects. Orange is a technology company, with its main objective being to bring technology and related service to its customers. In some cases, Brillouet must balance the monetization of IP and the promotion of a new stand ..read more
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FTC Approves Final Rule to Ban All New Non-Compete Agreements in 3-2 Vote
IPWatchdog.com | Patents & Patent Law
by Eileen McDermott
2d ago
The U.S. Federal Trade Commission today voted in a Special Open Commission Meeting to publish and approve a final version of the January 2023 proposed rule that would ban employers from using clauses for their employees. Today’s rule allows existing non-competes to remain in force for senior executives but bans new non-competes for all workers and makes existing non-competes for all other workers unenforceable after the effective date, which is 120 days after publication in the Federal Register ..read more
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Unveiling The Untapped Potential of Brazil’s Solar Energy Market
IPWatchdog.com | Patents & Patent Law
by Gustavo Sartori
2d ago
Brazil, a country known for its abundant natural resources, is emerging as a significant player in the global renewable energy sector. Brazil has one of the highest levels of insolation in the world (ranging from 4.25 to 6.5 sun hours per day according to the Solar and Wind Energy Resource Assessment Project – (SWERA) and is therefore uniquely positioned to harness the power of the sun ..read more
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SCOTUS Scraps Vanda’s Bid for Guidance on Obviousness Standard
IPWatchdog.com | Patents & Patent Law
by Eileen McDermott
3d ago
The U.S. Supreme Court today denied a petition for certiorari seeking clarification from the Court on the proper standard for a showing of obviousness. Vanda Pharmaceuticals filed the petition following the U.S. Court of Appeals for the Federal Circuit’s (CAFC’s) May 2023 decision invalidating Vanda’s patent on a method of using the drug tasimelteon to treat Non-24-Hour Sleep-Wake Disorder. The CAFC came to its decision in part because the court said the disclosure of clinical trials was evidence that a person of ordinary skill in the art “would have had a reasonable expectation of success.” V ..read more
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Chamber Appeals Decision to Deny Expedited FOIA Request on March-In Proposal
IPWatchdog.com | Patents & Patent Law
by Eileen McDermott
3d ago
The U.S. Chamber of Commerce’s Global Innovation Policy Center (GIPC) has filed an appeal with the U.S. Department of Commerce, which denied the GIPC's January 2024 Freedom of Information Act (FOIA) request seeking more detail about the working group behind the Biden Administration’s draft framework for considering the exercise of march-in rights. The proposed framework was published in the Federal Register in December 2023 by the Department of Commerce and the National Institutes for Standards and Technology (NIST) and included suggestions on whether and when to exercise “march-in rights” und ..read more
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EUIPO Implements Common Practice on Objectionable Trademarks
IPWatchdog.com | Patents & Patent Law
by Steve Brachmann
3d ago
On April 19, the European Union Intellectual Property Office (EUIPO) formally began implementation of Common Practice 14 (CP14) governing the agency’s treatment of applications of trademarks that are contrary to public policy or accepted principles of morality. The EUIPO’s common communication on CP14 seeks to establish a uniform understanding of the EU Trademark Directive’s prohibitions against registering such marks in light of increased numbers of trademark applications filed that have arguably triggered this statute ..read more
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