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Daren Tang takes the reins as WIPO DG
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New director general intends to focus on inclusiveness, balance and future-orientation; promises ‘high standards of governance and meticulous financial management’
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Sonos reignites Google patent dispute
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Second lawsuit this year filed against searchengine behemoth over alleged appropriation of Sonos’ patents; lawsuit demandsenhanced damages
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Collaboration in the race to find a Covid-19 vaccine
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Tania Shapiro-Barr says in order to mitigate the IP risks during collaboration over Covid-19 vaccine developments, a balance must be struck between sharing and protecting IP
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Ocado delivered patent lawsuit from robot rival
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UK’s newly crowned most valuable retaileralleged to have built its ‘foundation’ on rival’s appropriated technology;suits filed before the US ITC, Eastern District of Virginia, and High Court ofEngland and Wales
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IKEA in the spotlight over LED imports
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Swedish home improvement giant among companies accused by the University of California of infringing five US patents covering various filament LED innovations
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Yoko Ono sues former assistant for copyright breach
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Former John Lennon assistant alleged to haveviolated injunction through intent to sell revised books featuring photos ofthe late singer’s family without authorisation
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Video game piracy platform operators arrested
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US indictment claims arrested trio‘continuously sought to evade enforcement efforts’; reported leaders of TeamXecuter platform face 11 felony counts
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India and South Africa call for Covid-19 vaccine IP waivers
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Letter calls for waiver of IP rights related toCovid-19 vaccines; countries warn that shortages of medical products havealready caused ‘many avoidable deaths’
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UK IPO board emphasises commitment to inclusivity
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Office outlines inclusivity plans; aims to tackle gender pay gap
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Stairway to Heaven SCOTUS review denied
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Petition denied but ‘not necessarily true thatthe Supreme Court agrees with the Ninth Circuit's holding on the merits’
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Regeneron; Pfizer hit with Covid-19 therapeutic suits
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‘Gold standard’ reagent technology used totreat Covid-19 subject of suit against pharmagiants
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Cisco ordered to pay $1.9bn in damages to rival
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Virginia district court awards hefty damage awarding to Centripetal Networks after finding Cisco had wilfully infringed its US patents covering network protection systems
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USPTO report suggests ‘close eye’ needed on AI evolution
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Office’s AI campaign findings reveal that technology could be used to improve TM and patent examination efficiency; artificial general intelligence seen as a ‘theoretical possibility’
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AIPPI 2020: copyright ‘was not prepared’ for Covid-19
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Panellists discuss fair use exemptions brought on by the pandemic; examine whether copyright law needs changing for another pandemic-sized event
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Sharp and Daimler settle SEP dispute
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Settlement ends litigation following Sharpvictory in Munich court over LTE SEP infringements
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Oracle v Google: arguments heard in ‘epic copyright battle’
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Ben Wodecki and Catherine White
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AIPPI 2020: delays can be ‘fatal’ when seeking injunctions
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Catherine White
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England & Wales CPS reports 1,627 data breaches
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CatherineWhite
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CRISPR pioneers awarded the Nobel prize
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Maura O'Malley, Editor
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AIPPI 2020: Covid-19 has ‘forced firms to adapt’
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Catherine White
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Premier League’s PPV option could increase piracy
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Football finance expert warns that newlyintroduced PPV option could ‘drive people towards piracy’ due to price
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Avoid being shipwrecked
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Got that sinking feeling? Rachael Barber and Charlotte Wilding advise brand owners on steps to follow should they become aware of counterfeit products being used on their vessels
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AIPPI 2020: trade secret litigation increasing
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Higher damage awards in China could deter potential infringers; issues across other IP rights are ‘forcing’ rightsholders to look at trade secrets as a new way to protect innovations
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Creatives call on Biden to increase copyright protections
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Blumhouse founder, Walking Deadproducer, and American Pie co-director among lengthy list of UScreatives calling on former vice president to increase copyright protections ifelected
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AIPPI 2020: innovator patent dispute numbers low
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Low number of innovators instigating patentproceedings against other innovators ‘indicative of a system working well’, panellists suggest
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UPC bill introduced in Germany
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Bill referred to committees for furtherscrutiny; must be approved by two-thirds of the Bundestag
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SCOTUS set to hear Arthrex case
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Supreme Court asked to determine whether administrative patent judges are principal or inferior officers; no other Arthrex-related petitions granted by court
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Batman tops licensed heroes list assembled by WIPO
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Dark Knight tops list of most-used franchisecharacters; top three franchise characters generated $5.89bn in revenue between1980-2019
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Ireland reveals budget changes for ‘competitive’ IP regime
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Country’s latest budget changes aim to make Irish tax regime ‘legitimate and sustainable’; Ireland also extends Knowledge Development Box relief scheme
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Sri Lanka to amend IP laws to allow GI protection
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Sri Lankan IP office has ‘put forward necessary changes’ and additions required to offer GI protection; Ceylon tea among the local products to utilise right once framework is in place
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Samsung; LG hit with Smart TV ITC investigation
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TCL, LG and Samsung among companies accused ofimporting and selling infringing Smart TVs featuring appropriated videoprocessing tech
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IPA TM dispute brews against Heineken
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Lawsuit accuses big beer giant of ‘bullytactics’ over 2019 approved US registration
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WTO urges for transparency of legal IP frameworks
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Transparency vital to allowing member states ‘much-needed clarity’ and enabling ‘mutual learning’ during Covid-19 vaccine battle; compulsory licensing of patents is applicable under TRIPS rules
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Covid-19 vaccine proposal declined during TRIPS meeting
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Proposal consensus failed to be agreed; UK says proposal ‘would be counterproductive and would undermine a regime that offers solutions to the issues at hand’
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Trump hit with multiple copyright claims
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Creedence Clearwater Revival legend and LinkinPark claim president violates copyright; artists join long list of complaintsseeking to bar president from using their music
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India records 15% increase in IP rights filings
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Patents, trademarks and design numbers allincrease according to report from CGPDTM; applicants from the US were thelargest origin for foreign filers
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USPTO seeks comments on AIA institution rule changes
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Office seeking stakeholder thoughts as to howit should approach exercising discretion in terms of instituting IPRproceedings
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KIPO aims to ‘eradicate’ online fake goods ‘explosion’
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Korean IP Office announces major plans to combat concerning rise in fake goods; proposals include amendments to South Korea’s TM laws
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UK designers could be 'vulnerable' post-Brexit
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As no-deal scenario looms, UK designers dealt ‘significant setback’ over reciprocal unregistered rights protections; Enforcement Strategy an ‘ideal vehicle’ to include criminal provisions for infringing unregistered designs
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Piracy levels in Philippines among highest in SE Asia
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Philippines now ‘dwarfs’ neighbours in terms of consumer digital piracy habits new survey finds; a bill attempting to force ISPs to block infringing site access currently before the Philippine Senate
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EU parliament adopts plan to implement IP AI safeguards
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MEP Stéphane Séjourné’s plan includes ideas to not recognise the legal personality of AI and to adopt a ‘necessary’ major data strategy
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Famous musical satirist waives copyright on song lyrics
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The Elements song writer Tom Lehrer sayslyrics that have been published or unpublished or copyrighted or uncopyrighted maybe downloaded and used in ‘any manner whatsoever’
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Politician denies infringing Twisted Sister song
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Coal mogul turned politician counters claims heinfringed a Twisted Sister track; band’s frontman says political use ‘misrepresentedmessage’
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Ferrari secures CJEU victory in TM dispute
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Italian supercar maker found to have genuinely used at-issue Testarossa mark through sales of spare-parts on a product it ceased to produce some 20 years ago
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US CBP officers seize fakes worth $109m
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Kentucky-based officers conducting counterfeitseizures ‘on a nightly basis’; most goods coming from Hong Kong and China
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Apple infringed Optis patents, Justice Birss finds
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Justice Birss passes 214-point judgment finding asserted patents valid and infringed by iPhone maker
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EU parliament rejects ban on ‘meat’ terms for veggie food
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Parliament follows 2017 CJEU decision, however,to bar ‘yoghurt-style’ and ‘cheese alternative’ terms from being used onplant-based dairy products
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UK reveals post-Brexit GI protections
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All UK products currently protected under the EU’s GI schemes will continue to be protected in UK and EU after transition period ends, government confirms
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Make streams unreliable to deter sports piracy, report urges
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New Synamedia report calls for introduction ofsubscriptions and delayed but free to access services to prevent sports fansfrom pirating matches
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Continue Iancu reforms should Trump lose, patent owners urge
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Letter sent to House and Senate Judiciary Committees urges continued support of reforms brought in by USPTO director Iancu should Trump lose election
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GitHub removes YouTube download tool
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YouTube-dl removed after RIAA contends tool was used to intentionally circumvent copyright protections to download music
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Ukrainian illicit set-top box seller handed prison sentence
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Seller who provided illicit access to channels showing Ukrainian Premier League matches sentenced to jail
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UK IPO reveals full post-Brexit IP changes
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New UK-only GI system, comparable rights information and address for service proposal among changes outlined in new guidance; changes brought in to ‘ensure the smooth departure from EU IP systems’
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USPTO: AI holds ‘potential’ to be next revolutionary tech
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New report outlines vast growth in AI patent filings as tech dominates US patent landscape; IBM top US AI patent owner since 1976
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Don’t get spooked: PIPCU releases Halloween warning
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PIPCU offers tips to costume conscious consumers so they avoid ‘getting cursed this Halloween’
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Handle with care
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Paul Cahill explains why any amendments to the UK’s data protection legislation post-Brexit should be revised with caution
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Sharing responsibly
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Colin Hulme explores how the use of IP rights fit with corporate social responsibility
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Editor's letter November 2020
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Maura O'Malley, IPM
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Following the US path
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Will provisional applications prove beneficial for the French patent system, like in the US?
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Playboy hopping mad over ‘copycat’ costumes
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Fast-fashion site Fashion Nova attempting to‘piggyback off of the popularity and renown’ of iconic bunny costume, Playboylawsuit contends
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A new dawn
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Minn NaingOo providesan outline of Myanmar’s new trademark legislation, explaining how it will setup a modern IP regime in line with international standards
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Zoom bombing
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Robert JSovesky says companies need to be careful to not let their IP rights ‘zoom’away during online meetings
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Heineken v Afanasy Private Brewery
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Supreme Court of the Russian Federation - 17 August 2020
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An infringement pandemic
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Perkin Coie’s Patchen Haggerty and Colleen Ganin describe how Covid-19 has created the perfect storm for counterfeiters
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Street smart
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Banksy’s ‘Flower Bomber’ decision raises interesting questions aboutthe legitimacy of copyright protection for street art
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Different yet similar
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AIPPI’s 2020 world congress went solely virtual for the first time due to Covid-19. However, laptop screens didn’t prevent lively debate around IP’s hottest topics
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Understanding indemnities
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Leading IP insurancestakeholders tell IPM how the Covid-19 pandemic has affected IP insurance andhow insurance adds value to IP rights
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Combatting Covid-19
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After a proposal to waive certain IP rights for Covid-19 vaccines was rejected by the TRIPS Council, Ben Wodecki speaks with Oxfam’s Anna Marriott and Kirkland & Ellis’ Daniel Lim on just how realistic the proposal was
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Life on Mars?
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Withfuture plans for low Earth orbit hotels and cities on the red planet, Clark W Lackert says it is now time to startcreating an outer space trademark regulatory structure
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Oberdorf v Amazon.com Inc; Other various cases
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Various courts - 17 August 2020
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The marque of authenticity
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The UK will have its own separate GIscheme post-Brexit
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Increasing inclusivity
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UK IPO’s board expresses intent toradically improve inclusivity at the office to support its staff ‘to do theirbest work while they are with us’
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Big changes ahead
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O’Melveny& Myers’ David Marroso and Daniel Cooper say that the US’ MusicModernization Act is an ambitious system overhaul that is long overdue
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Upstream challenge
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Rachel Alexander and Freya Hadrill say that the displacement ofBitTorrent by stream-ripping sites highlights the evolving enforcementchallenges faced by the music sector
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Sorry not sorry
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Whether aparticular use is ‘fair’ remains a complex, amorphous inquiry that oftenresults in unpredictable outcomes, say Jason DRosenberg and Kristin M Adams
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Famous last words
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Companiesshould ensure they go through the proper channels and clearances needed forcelebrity usage when marketing brands in the US, says Antony J McShane
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Dangers of retweeting
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A recentsupreme court ruling from Japan found that automatic trimming of images couldgive rise to infringement of moral rights
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Time for a patent change?
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The latestconsultative draft of China’s Patent Law has been published, Norton RoseFulbright’s Justin Davidson explores theamendments
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Hub, hub and away
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Singaporecould be regarded as one of the chief harbours and promoters of IP rights inAsia and globally, says Lim Siau Wen
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Cf Dropzonems, LLC v Cockayne
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US District Court, District Court of Oregon - 12 September 2019
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Patents to save the planet
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Morrison &Foerster’s Susan Mac Cormac, Rufus Pichler and OtisLittlefield argue that patent licensing is a potentially powerful toolto address climate change
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Patentability in Australia: part 2
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Concluding a two-part series, Sudhanshu Ayyagari compares IP Australia’sapproach to software patentability with other major jurisdictions
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Ferrari SpA v DU
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Court of Justice of the European Union - 22 October 2020
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Financial firepower
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In the aftermath of the pandemic and as recessionary forces start to bear down, businesses will need to think harder than ever about how to protect assets, say Liberty Specialty Markets’ Matthew Hogg and Edward Cartwright
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Come to light
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Force majeure clauses in IP contracts are often overlooked in negotiations, but now more than ever they deserve their time in the spotlight, say Andrew Priest and Samantha Woodley
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AntennaSys, Inc v AQYR Technologies, Inc
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US Court of Appeals for the Federal Circuit - 7 October 2020
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L’Oréal (UK) Ltd & Anor v Liqwd Inc & Anor
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UK Supreme Court - 29 June 2020
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Federal Trade Commission v Qualcomm Inc
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US Court of Appeals for the Ninth Circuit - 11 August 2020
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Energy firm at centre of oil and gas trade secret thefts
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US individual alleged to have obtained trade secrets on coiled tubing technology and handing it to Chinese rival, indictment alleges
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Five common frustrations with outside counsel
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Remenick Law’s J Baron Lesperance has been both in-house and outside counsel and here provides a comprehensive perspective on how to overcome the most frequent frustrations with outside counsel
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Efficiency and the personal touch
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NovumIP’s Thomas Gruber explains what IP service providerscan do to help professionals derive the maximum value from their IP
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World Programming wins latest round in SAS case
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World Programming again knocks back software infringement claims brought against it by SAS; dispute dates back 11 years across the UK and US
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Creepy Magazine owners sue comic book seller
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Comic book seller seeking to ‘intentionally…take advantage’ of famous horror comic rightsholders claim; seeks $1m indamages or more