Morrison & Foerster’s 2018 Predictions On Intersection Of Technology And Law—From Web Scraping To Blockchain 12/01/2018 by Intellectual Property Watch Leave a Comment From the Morrison & Foerster Socially Aware blog: Happy 2018 to our readers! It has become a Socially Aware tradition to start the New Year with some predictions from our editors and contributors. With smart contracts on the horizon, the Internet of Things and cryptocurrencies in the spotlight, and a number of closely watched lawsuits moving toward resolution, 2018 promises to be an exciting year in the world of emerging technology and Internet law.
Japan Patent Office Invalidates The Word Mark “Bord’or” In Relation To Bordeaux Wines 12/01/2018 by Guest contributor for Intellectual Property Watch 1 Comment In a decision in an invalidation trial jointly claimed by INSTITUT NATIONAL DE L’ORIGINE ET DE LA QUALITE and CONSEIL INTERPROFESSIONNEL DU VIN DE BORDEAUX, the Invalidation Board of Japan Patent Office (JPO) ordered the invalidation of trademark registration no. 5737079 for a word mark “Bord’or” in script fonts (see below) in violation of Article 4(1)(vii) of the Trademark Law, writes Masaki Mikami.
Changes In EU Data Law: The GDPR Requirements And How To Meet Them 04/01/2018 by Guest contributor for Intellectual Property Watch 2 Comments Linkilaw writes: Statistics show 69% of SME owners have heard about the General Data Protection Regulation (GDPR) and 70% admitted to being unaware it will come into effect from 25th May 2018. It is important for small business owners to understand what the GDPR is as well as its application. The GDPR is the outcome of four years of constant discussions, investigations, and amendments made by the EU to update its data privacy rules and regulations.The GDPR will replace the Data Protection Directive established in 1995, creating a greater territorial scope and stricter penalties for those states members, and business dealing with Personal Data, who fail to keep and handle data according to the new regulation. The GDPR was finally approved by the EU Parliament on 14 April 2016 but will apply from 25 May 2018, giving a two-year transition period for all EU members states. This is a call for all SME’s: you need to prepare now!
What Could Have Entered The Public Domain On January 1, 2018? 02/01/2018 by Intellectual Property Watch 2 Comments Current US law extends copyright for 70 years after the date of the author’s death, and corporate “works-for-hire” are copyrighted for 95 years after publication. But prior to the 1976 Copyright Act (which became effective in 1978), the maximum copyright term was 56 years—an initial term of 28 years, renewable for another 28 years. Under those laws, works published in 1961 would enter the public domain on January 1, 2018, where they would be “free as the air to common use.” Under current copyright law, we’ll have to wait until 2057.1 And no published works will enter our public domain until 2019. The laws in other countries are different—thousands of works are entering the public domain in Canada and the EU on January 1, writes the Duke University Center for the Study of the Public Domain.
Starbucks Trademark Dispute Brewing Over Bull Pulu Tapioca Logo 18/12/2017 by Guest contributor for Intellectual Property Watch 1 Comment The Japan Patent Office (JPO) has rejected an opposition from Starbucks to trademark registration no. 5897739 for the green-and white “BULL PULU TAPIOCA” concentric circle logo with a puppy white bull dog in the center, writes Masaki Mikami.
Obviousness In The Wake Of Arendi 15/12/2017 by Intellectual Property Watch Leave a Comment Since the U.S. Court of Appeals for the Federal Circuit issued its opinion in Arendi S.A.R.L. v. Apple Inc. last August,[1] many patent commentators have asserted that the decision marked a significant change in the analysis of obviousness under 35 U.S.C. § 103, especially as a weakening of single-reference obviousness grounds. Notwithstanding this decision, petitioners and the Patent Trial and Appeal Board have continued to rely on single-reference obviousness to assert and find that claims are obvious, write Amy Simpson and Kyle Canavera.
New UNCTAD, GIZ Toolbox: How To Achieve Policy Coherence For Local Production And Access To Medicines 05/12/2017 by Guest contributor for Intellectual Property Watch Leave a Comment What do investment, trade, intellectual property, health financing, R&D, industrial and medicines regulation policy have in common? They are all important building blocks for the successful promotion of local pharmaceutical manufacturing. As more and more countries are looking into building their own pharmaceutical production capacities, they need to ensure strong policy coherence to be successful.
EU-MERCOSUR FTA Puts At Risk Access To Medicines In Brazil, New Impact Assessment Study Finds 01/12/2017 by Intellectual Property Watch 4 Comments The European Union (EU) is currently negotiating a free trade agreement (FTA) with the four founding members of Mercosur (Argentina, Brazil, Paraguay and Uruguay), which comprises a chapter on intellectual property rights (IPR). A new round of negotiations is taking place from November 29th to December 8th in Brussels[1]. Word is that they aim to announce the closure of the agreement at the next World Trade Organization (WTO) Ministerial Conference that will be held from 10-13 of December in Buenos Aires and the clock is ticking to close all the chapters before that. The authors have conducted a study that shows the adoption of the measures proposed by the EU could put the sustainability of access to health policies in Brazil at risk, as they could sharply increase public expenditures on medicines.
Expert Panel Recommends That The WHO Move Forward On Transparency And Delinkage 28/11/2017 by Guest contributor for Intellectual Property Watch Leave a Comment On Monday, 27 November, the WHO published the recommendations of the overall programme review of the global strategy and plan of action on public, health innovation and intellectual property (EB142/14). The expert panel provided 33 recommendations which included 17 forward looking”high-priority actions” including on transparency and delinkage, writes Thiru Balasubramaniam.
TWN – Proposed WHO Criteria On Medicines In Transit Open Door For Seizures 28/11/2017 by Intellectual Property Watch Leave a Comment Geneva, 21 Nov (TWN) – A discussion document prepared by the Secretariat of the World Health Organization (WHO) proposes criteria to justify interventions with respect to medicines in transit. This document is prepared for the 6th meeting of the Member State Mechanism (MSM) to be held from 28 November to 1 December at the WHO headquarters in Geneva, writes Third World Network.