Wednesday, March 25, 2020
How Do I Manage My Intellectual Property During the Coronavirus Pandemic?; Lexology, March 25, 2020
"But what if your critical intellectual property (IP) deadlines arise during uncertain times? What options do you have if you miss a deadline due to circumstances related to COVID-19?
Extensions and exceptional circumstance
Thankfully, numerous Intellectual Property Offices have taken action to make sure that your intellectual property rights may remain safe in the event you cannot meet a deadline due to the COVID-19 outbreak...
Key Takeaways
Many Intellectual Property Offices have officially indicated that they will be empathetic when considering extension requests in the wake of Covid-19, while others have even suspended deadlines completely for the time-being. Check what extensions or changes of process are being offered in the jurisdictions relevant to your applications."
The ‘Blurred Lines’ Case Scared Songwriters. But Its Time May Be Up.; The New York Times, March 24, 2020
, The New York Times;
Decisions
in copyright cases involving Led Zeppelin and Katy Perry suggest the
open season on lawsuits could be coming to a close.
"“Before Led Zeppelin’s en banc ruling,
plaintiffs were on a roll,” said Joseph P. Fishman, an associate
professor at the Vanderbilt Law School in Nashville. “That string of
events built a narrative that successful musicians really needed to be
worried about being sued. Now, with the Katy Perry verdict being thrown
out only a week after the big Led Zeppelin decision, that narrative may
change.”
The two decisions addressed
what has become a key question as more copyright suits have focused on
song fragments: what is original about them — and thus can be
copyrighted — and what are basic building blocks that cannot be owned by
any songwriter?"
Supreme Court rules states are immune from copyright law; Ars Technica, March 24, 2020
Timothy B. Lee, Ars Technica; Supreme Court rules states are immune from copyright law
"A state government that infringes someone's copyright doesn't have to worry about getting sued, the Supreme Court ruled on Monday. The high court held that federalism trumps copyright law, effectively giving states a free pass."
"A state government that infringes someone's copyright doesn't have to worry about getting sued, the Supreme Court ruled on Monday. The high court held that federalism trumps copyright law, effectively giving states a free pass."
Celebrating the Women Leading the Copyright Office; Library of Congress: Copyright Creativity At Work Blog, March 25, 2020
; Celebrating the Women Leading the Copyright Office
"To celebrate Women’s History Month, I wanted to write about the five women who have served (and are serving) as leaders of the U.S. Copyright Office. Women have led this Office consecutively since November 1993, and their accomplishments are nothing short of incredible. These five lawyers (who all attended either Columbia Law School or George Washington Law) have contributed over 100 years of public service to the Copyright Office, counting all their roles. Here is just a snapshot of their accomplishments and contributions to copyright."
"To celebrate Women’s History Month, I wanted to write about the five women who have served (and are serving) as leaders of the U.S. Copyright Office. Women have led this Office consecutively since November 1993, and their accomplishments are nothing short of incredible. These five lawyers (who all attended either Columbia Law School or George Washington Law) have contributed over 100 years of public service to the Copyright Office, counting all their roles. Here is just a snapshot of their accomplishments and contributions to copyright."
Friday, March 20, 2020
The Freewheeling, Copyright-Infringing World of Custom-Printed Tees; Wired, March 16, 2020
Roger Sollenberger, Wired; The Freewheeling, Copyright-Infringing World of Custom-Printed Tees
"So, how can this model evolve without shortchanging IP owners or upending an industry with so much to offer? Do we need a new DMCA—and one for trademarks? Will anything change without new laws?"
"So, how can this model evolve without shortchanging IP owners or upending an industry with so much to offer? Do we need a new DMCA—and one for trademarks? Will anything change without new laws?"
Sunday, March 15, 2020
Business viewpoint: Prioritizing intellectual property protection in growing companies; Tulsa World, March 15, 2020
; Business viewpoint: Prioritizing intellectual property protection in growing companies
"Growth-phase companies, including startups, are often cash limited and must make difficult decisions when prioritizing expenditures.
"Growth-phase companies, including startups, are often cash limited and must make difficult decisions when prioritizing expenditures.
Money spent to obtain legal advice may be at the expense of other concerns such as product development and marketing.
Although
consultation with an intellectual property attorney can be an important
early step, it is often postponed in favor of more pressing needs.
However, ignoring intellectual property matters can result in missteps
that can have long-term negative consequences."
Led Zeppelin Scores Big Win in ‘Stairway to Heaven’ Copyright Case; Variety, March 9, 2020
Gene Maddaus, Variety; Led Zeppelin Scores Big Win in ‘Stairway to Heaven’ Copyright Case
"Led Zeppelin scored a major win on Monday in the copyright battle over “Stairway to Heaven,” as the 9th Circuit Court of Appeals upheld a jury verdict finding the song did not infringe on the 1968 song “Taurus.”
The ruling is also a significant win for the music industry, which has felt itself fighting a losing battle against frivolous copyright suits since the “Blurred Lines” trial in 2015. The court overturned the so-called “inverse ratio rule,” a precedent that has governed copyright cases in the 9th Circuit for the last 43 years."
"Led Zeppelin scored a major win on Monday in the copyright battle over “Stairway to Heaven,” as the 9th Circuit Court of Appeals upheld a jury verdict finding the song did not infringe on the 1968 song “Taurus.”
The ruling is also a significant win for the music industry, which has felt itself fighting a losing battle against frivolous copyright suits since the “Blurred Lines” trial in 2015. The court overturned the so-called “inverse ratio rule,” a precedent that has governed copyright cases in the 9th Circuit for the last 43 years."
Thursday, March 5, 2020
Open Educational Resources Are ‘Moving Up the Adoption Ladder’ Around the World; EdSurge, March 3, 2020
Rebecca Koenig, EdSurge; Open Educational Resources Are ‘Moving Up the Adoption Ladder’ Around the World
"Open educational resources have gone global and may help make learning more accessible, equitable and inclusive around the world.
So says the new Educause Horizon report, which identifies technologies and trends that are changing higher education.
This year’s forecast was created by nearly five dozen higher education experts, a third of them from institutions outside of the U.S. OER was one of six “emerging technologies and practices” the panelists highlighted as most likely to significantly influence postsecondary teaching and learning in the future...
At the October 2019 UNESCO General Conference meeting, multiple governments agreed to adopt a set of legal and technical standards for OER materials so that they can be better shared across borders."Column: COVID-19 could kill the for-profit science publishing model. That would be a good thing; Los Angeles Times, March 3, 2020
Michael Hiltzik, Los Angeles Times; Column: COVID-19 could kill the for-profit science publishing model. That would be a good thing
"The current crisis has demonstrated the value of open access to research, as well as the drawbacks of secrecy."
"The current crisis has demonstrated the value of open access to research, as well as the drawbacks of secrecy."
Why the Hulett Unloader Is One of History's Greatest Forgotten Machines; Popular Mechanics, March 3, 2020
Vince Guerrieri, Popular Mechanics; Why the Hulett Unloader Is One of History's Greatest Forgotten Machines
"Hulett, a 2006 inductee into the National Inventors Hall of Fame, received more than two dozen patents for various machines in his career. But his most important was Patent No. 652,313A in 1899, for a 92-foot-tall unloading apparatus that could scoop iron ore from a ship’s hold 10 tons at a time—an almost unfathomable number back then, even though more than 13 million tons of ore were shipped on the Great Lakes that year."
"Hulett, a 2006 inductee into the National Inventors Hall of Fame, received more than two dozen patents for various machines in his career. But his most important was Patent No. 652,313A in 1899, for a 92-foot-tall unloading apparatus that could scoop iron ore from a ship’s hold 10 tons at a time—an almost unfathomable number back then, even though more than 13 million tons of ore were shipped on the Great Lakes that year."
Wednesday, March 4, 2020
A former Uber executive was ordered to pay Google $179 million. Then he filed for bankruptcy.; The Washington Post, March 4, 2020
Anthony Levandowski was accused of stealing trade secrets on self-driving technology
"Anthony Levandowski, who once ran Uber’s self-driving car unit, was ordered Wednesday to pay $179 million to rival Google, prompting the software engineer to file for bankruptcy protection.
The
enormous award, which was approved by a Superior Court judge in San
Francisco and was confidential but disclosed in a Securities and
Exchange Commission filing, casts new light on one of Silicon Valley’s
most heated dramas. It is also another blow to Levandowski, once a
rising star in the tech industry who now faces criminal charges for allegedly possessing trade secrets that belong to Google."
WIPO’s Coordination Committee Nominates Singapore’s Daren Tang for Post of Director General; Press Release, World Intellectual Property Organization, March 4, 2020
Press Release, World Intellectual Property Organization;
The Coordination Committee, which comprises 83 member states, met on March 4, and held two rounds of voting from an initial list of six candidates. Kazakhstan’s candidate withdrew her candidacy ahead of the first round of voting. Following the first round, the candidate with the least votes, from Peru, was eliminated.
Two other candidates – from Colombia and Ghana – withdrew their candidatures ahead of the second round of voting.
Mr. Tang prevailed in the second and final round of voting with 55 votes; Ms. Binying Wang of China received 28 votes.
Mr. Tang...is the Chief Executive of the Intellectual Property Office of Singapore.
The term of the current Director General, Mr. Francis Gurry, ends on September 30, 2020."
WIPO’s Coordination Committee Nominates Singapore’s Daren Tang for Post of Director General
"The WIPO General Assembly will meet in an extraordinary session on May 7-8, 2020, to confirm the Coordination Committee’s nomination.
The process of electing a Director General is governed by the Convention Establishing the World Intellectual Property Organization and “2019 Procedures for the Nomination and Appointment of Directors General of WIPO,” adopted by Member States in October 2019.The Coordination Committee, which comprises 83 member states, met on March 4, and held two rounds of voting from an initial list of six candidates. Kazakhstan’s candidate withdrew her candidacy ahead of the first round of voting. Following the first round, the candidate with the least votes, from Peru, was eliminated.
Two other candidates – from Colombia and Ghana – withdrew their candidatures ahead of the second round of voting.
Mr. Tang prevailed in the second and final round of voting with 55 votes; Ms. Binying Wang of China received 28 votes.
Mr. Tang...is the Chief Executive of the Intellectual Property Office of Singapore.
The term of the current Director General, Mr. Francis Gurry, ends on September 30, 2020."
Singaporean named to head intellectual property agency; AP via The Washington Post, March 4, 2020
via The Washington Post; Singaporean named to head intellectual property agency
"A
Singaporean official defeated a candidate from China in a leadership
contest for the U.N.’s intellectual property body, which was swept into a
rift between Washington and Beijing over claims of Chinese theft of
technological know-how.
Daren
Tang, 47, the CEO of Singapore’s intellectual property office, won a
crucial nomination to become the next director-general of the World
Intellectual Property Organization over China’s Wang Binyang, a veteran
at the agency.
The
“coordination committee” handed a 55-28 victory to Tang in a final
round of voting that began Wednesday with five candidates vying to
replace the agency’s outgoing chief, Francis Gurry of Australia...
WIPO’s
general assembly has final say in May, but it has never rejected a
committee nominee since the 192-country agency was created in 1967."
Singapore’s Daren Tang to Succeed Gurry as Next WIPO Director General; IPWatchdog, March 4. 2020
IPWatchdog; Singapore’s Daren Tang to Succeed Gurry as Next WIPO Director General
"Daren Tang has been elected to be the next WIPO Director General, succeeding Francis Gurry.
Tang is currently the Chief Executive of the Intellectual Property Office of Singapore (IPOS). He has served in this capacity since 2015. Prior to that he was Deputy Chief Executive and Chief Legal Counsel for IPOS and Senior State Counsel, International Affairs Division at the Singapore Attorney-General’s Chambers. He also has served as Chairperson for WIPO’s Standing Committee on Copyright and Related Rights."
"Daren Tang has been elected to be the next WIPO Director General, succeeding Francis Gurry.
Tang is currently the Chief Executive of the Intellectual Property Office of Singapore (IPOS). He has served in this capacity since 2015. Prior to that he was Deputy Chief Executive and Chief Legal Counsel for IPOS and Senior State Counsel, International Affairs Division at the Singapore Attorney-General’s Chambers. He also has served as Chairperson for WIPO’s Standing Committee on Copyright and Related Rights."
China already leads 4 of the 15 U.N. specialized agencies — and is aiming for a 5th; The Washington Post, March, 3, 2020
and , The Washington Post; China already leads 4 of the 15 U.N. specialized agencies — and is aiming for a 5th
Beijing is campaigning to lead the global intellectual property agency
"The World Intellectual Property Organization (WIPO),
a U.N. agency specializing in intellectual property protection, will
pick a new head this week. China now heads up four of the 15 U.N.
specialized agencies — the International Civil Aviation Organization,
the International Telecommunication Union, the Food and Agriculture
Organization, and the U.N. Industrial Development Organization.
China Vies to Run U.N. Patent Office in Bid for Fifth Leadership; Reuters via The New York Times, March 4, 2020
Reuters via
The New York Times; China Vies to Run
U.N. Patent Office in Bid for Fifth Leadership
"A Chinese lawyer is one of two Asian favorites to head the world patent office, a post that would give Beijing its fifth U.N. leadership role and, according to its critics, an unprecedented level of influence over new technologies.
"A Chinese lawyer is one of two Asian favorites to head the world patent office, a post that would give Beijing its fifth U.N. leadership role and, according to its critics, an unprecedented level of influence over new technologies.
Voting
opened on Wednesday at the 193-member Geneva-based World Intellectual Property
Organization (WIPO), which shapes global rules for intellectual property and
oversees a patent system in which China and its firms, like telecoms giant
Huawei Technologies, have a growing stake.
The
Coordinating Committee, a group of 83 countries chaired by France, met behind
closed doors to choose a nominee. Whoever is chosen needs to be confirmed at a
general assembly in May...
WIPO
members vote by secret ballot and campaign videos have not been made
public."
Tuesday, March 3, 2020
The Fragile Nature of Trade Secrets: Clues from the Courts on How to Keep Them; IP Watchdog, March 1, 2020
Peter J. Toren, IP Watchdog; The Fragile Nature of Trade Secrets: Clues from the Courts on How to Keep Them
"Trade secrets have become an increasingly valuable asset to many companies, but compared to other types of intellectual property, including patents, copyrights and trademarks, they are extremely “fragile,” and require that an owner undertake as many steps as possible to protect their information and be vigilant about the need to protect such information to the fullest extent possible. The failure to do so may lead to a court’s finding in a misappropriation case that the information in question is not protectable as a trade secret. As described below, it is very easy for trade secrets to lose protection under a variety of circumstances, even where the owner has taken what it believes are “reasonable measures” as required for trade secret protection under 18 U.S.C. § 1839(3)(A. In short, authorities in this area teach that the more steps a party undertakes to protect its trade secrets, the more likely that a court will find those steps to constitute “reasonable measures.”"
"Trade secrets have become an increasingly valuable asset to many companies, but compared to other types of intellectual property, including patents, copyrights and trademarks, they are extremely “fragile,” and require that an owner undertake as many steps as possible to protect their information and be vigilant about the need to protect such information to the fullest extent possible. The failure to do so may lead to a court’s finding in a misappropriation case that the information in question is not protectable as a trade secret. As described below, it is very easy for trade secrets to lose protection under a variety of circumstances, even where the owner has taken what it believes are “reasonable measures” as required for trade secret protection under 18 U.S.C. § 1839(3)(A. In short, authorities in this area teach that the more steps a party undertakes to protect its trade secrets, the more likely that a court will find those steps to constitute “reasonable measures.”"
Monday, March 2, 2020
Librarian of Congress Seeks Input on Register of Copyrights; The Library of Congress, March 2, 2020
Press Release, The Library of Congress;
"The public will have the opportunity to provide input to the Library of Congress on expertise needed by the next Register of Copyrights, the Librarian of Congress, Carla Hayden, announced today.
Beginning today, March 2, a form to solicit this feedback is online and open to the public. The form will be posted through Friday, March 20.
The Library of Congress is the world’s largest library, offering access to the creative record of the United States — and extensive materials from around the world — both on-site and online. It is the main research arm of the U.S. Congress and the home of the U.S. Copyright Office. Explore collections, reference services, and other programs and plan a visit at loc.gov, access the official site for U.S. federal legislative information at congress.gov, and register and record creative works of authorship at copyright.gov."
Librarian of Congress Seeks Input on Register of Copyrights
"The public will have the opportunity to provide input to the Library of Congress on expertise needed by the next Register of Copyrights, the Librarian of Congress, Carla Hayden, announced today.
Beginning today, March 2, a form to solicit this feedback is online and open to the public. The form will be posted through Friday, March 20.
- Public input form: https://www.loc.gov/about/librarian-of-congress-seeks-input-on-register-of-copyrights/
- Deadline for submitting comments: Friday, March 20, 2020
The Library of Congress is the world’s largest library, offering access to the creative record of the United States — and extensive materials from around the world — both on-site and online. It is the main research arm of the U.S. Congress and the home of the U.S. Copyright Office. Explore collections, reference services, and other programs and plan a visit at loc.gov, access the official site for U.S. federal legislative information at congress.gov, and register and record creative works of authorship at copyright.gov."
‘This Land Is Your Land’ Is Still Private Property, Court Rules; The New York Times, Febraury 28, 2020
, The New York Times;
A
federal judge shot down a challenge to the copyright of the Woody
Guthrie folk anthem, blocking an attempt to put it in the public domain.
"First, “Happy Birthday to You” lost its copyright. Then “We Shall Overcome” became public domain as well.
But
on Friday, Woody Guthrie’s “This Land Is Your Land” avoided what had
been shaping up as a growing trend affecting the copyright owners of old
songs, as the publishers of “This Land” defeated a challenge against
it...
On Friday, Judge P. Kevin Castel of Federal District Court in Manhattan
did not reach a decision on whether the song deserved to keep its
copyright, because he said he didn’t have to. He ruled that there was no
legal dispute for him to adjudicate: Satorii had already paid the
license fee, and in exchange, the publisher had agreed to let Satorii do
what it wanted with the song. The judge dismissed the case."
Thursday, February 27, 2020
2019 IP Law Year in Review: Copyrights; The National Law Review, February 25, 2020
Jodi Benassi, Mary Hallerman, Nicole M. Jantzi, The National Law Review; 2019 IP Law Year in Review: Copyrights
"EXECUTIVE SUMMARY
In many ways, copyright jurisprudence in 2019 was a study in contrasts. While certain cases represented a “back to basics” approach, answering fundamental questions such as “When can a copyright owner sue for copyright infringement?” and “What costs can a prevailing copyright owner recover?,” others addressed thorny issues involving fair use and the first sale doctrine.
In the wake of several pivotal copyright decisions involving the music industry in 2018, such as the watershed “Blurred Lines” verdict, disputes involving music continued to provide fuel for the courts to weigh in on copyright this year. As we look to 2020, all eyes will be on the Supreme Court and its decision in the epic battle between Google and Oracle and the protectability of software. This report provides a summary of 2019’s important copyright decisions with the hopes of assisting those navigating copyright infringement and enforcement issues in the coming year."
"EXECUTIVE SUMMARY
In many ways, copyright jurisprudence in 2019 was a study in contrasts. While certain cases represented a “back to basics” approach, answering fundamental questions such as “When can a copyright owner sue for copyright infringement?” and “What costs can a prevailing copyright owner recover?,” others addressed thorny issues involving fair use and the first sale doctrine.
In the wake of several pivotal copyright decisions involving the music industry in 2018, such as the watershed “Blurred Lines” verdict, disputes involving music continued to provide fuel for the courts to weigh in on copyright this year. As we look to 2020, all eyes will be on the Supreme Court and its decision in the epic battle between Google and Oracle and the protectability of software. This report provides a summary of 2019’s important copyright decisions with the hopes of assisting those navigating copyright infringement and enforcement issues in the coming year."
Wednesday, February 26, 2020
Smithsonian Releases 2.8 Million Images Into Public Domain; Smithsonian Magazine, February 25, 2020
Katherine J. Wu
, Smithsonian Magazine; Smithsonian Releases 2.8 Million Images Into Public Domain
"For the first time in its 174-year history, the Smithsonian has released 2.8 million high-resolution two- and three-dimensional images from across its collections onto an open access online platform for patrons to peruse and download free of charge. Featuring data and material from all 19 Smithsonian museums, nine research centers, libraries, archives and the National Zoo, the new digital depot encourages the public to not just view its contents, but use, reuse and transform them into just about anything they choose—be it a postcard, a beer koozie or a pair of bootie shorts.
And this gargantuan data dump is just the beginning. Throughout the rest of 2020, the Smithsonian will be rolling out another 200,000 or so images, with more to come as the Institution continues to digitize its collection of 155 million items and counting...
The database’s launch also marks the latest victory for a growing global effort to migrate museum collections into the public domain. Nearly 200 other institutions worldwide—including Amsterdam’s Rijksmuseum, New York’s Metropolitan Museum of Art and the Art Institute of Chicago—have made similar moves to digitize and liberate their masterworks in recent years. But the scale of the Smithsonian’s release is “unprecedented” in both depth and breadth, says Simon Tanner, an expert in digital cultural heritage at King’s College London.
Spanning the arts and humanities to science and engineering, the release compiles artifacts, specimens and datasets from an array of fields onto a single online platform."
"For the first time in its 174-year history, the Smithsonian has released 2.8 million high-resolution two- and three-dimensional images from across its collections onto an open access online platform for patrons to peruse and download free of charge. Featuring data and material from all 19 Smithsonian museums, nine research centers, libraries, archives and the National Zoo, the new digital depot encourages the public to not just view its contents, but use, reuse and transform them into just about anything they choose—be it a postcard, a beer koozie or a pair of bootie shorts.
And this gargantuan data dump is just the beginning. Throughout the rest of 2020, the Smithsonian will be rolling out another 200,000 or so images, with more to come as the Institution continues to digitize its collection of 155 million items and counting...
The database’s launch also marks the latest victory for a growing global effort to migrate museum collections into the public domain. Nearly 200 other institutions worldwide—including Amsterdam’s Rijksmuseum, New York’s Metropolitan Museum of Art and the Art Institute of Chicago—have made similar moves to digitize and liberate their masterworks in recent years. But the scale of the Smithsonian’s release is “unprecedented” in both depth and breadth, says Simon Tanner, an expert in digital cultural heritage at King’s College London.
Spanning the arts and humanities to science and engineering, the release compiles artifacts, specimens and datasets from an array of fields onto a single online platform."
The Phillies Unveil a New Phanatic as Lawyers Fight Over Mascot Copyright; The New York Times, February 24, 2020
, The New York Times; The Phillies Unveil a New Phanatic as Lawyers Fight Over Mascot Copyright
"In court papers filed in August, the Phillies said that Harrison/Erickson, the New York-based design and marketing firm that worked on the mascot’s design in 1978, improperly wanted to terminate an agreement over the Phanatic’s copyright...
Josh Gerben, an intellectual property lawyer who is not involved in the litigation, said that the Phanatic’s new design was likely an attempt by the Phillies to show that they had changed the mascot enough over the years that it was no longer covered by Harrison/Erickson’s copyright.
He was surprised that the Phillies had not settled the case — a possible indication, he said, that Harrison/Erickson was asking for a large sum. If the case does go to trial, he said, it would be hard to predict what a jury would do."
"In court papers filed in August, the Phillies said that Harrison/Erickson, the New York-based design and marketing firm that worked on the mascot’s design in 1978, improperly wanted to terminate an agreement over the Phanatic’s copyright...
Josh Gerben, an intellectual property lawyer who is not involved in the litigation, said that the Phanatic’s new design was likely an attempt by the Phillies to show that they had changed the mascot enough over the years that it was no longer covered by Harrison/Erickson’s copyright.
He was surprised that the Phillies had not settled the case — a possible indication, he said, that Harrison/Erickson was asking for a large sum. If the case does go to trial, he said, it would be hard to predict what a jury would do."
Feds to US Firms: Watch Out for Employees Trying to Steal Trade Secrets for China; PC Mag, February 26, 2020
Michael Kan, PC Mag; Feds to US Firms: Watch Out for Employees Trying to Steal Trade Secrets for China
"“It’s not a spy versus spy game anymore,” said William Evanina, Director of the National Counterintelligence and Security Center, during the panel. “This is the businessman, the engineer, the scientist, the student, the professor.”...
To stop the intellectual property theft, the feds are urging US companies to protect against insider threats, which can be spurred on both by foreign governments and domestic rivals, they noted. But the answer isn’t to profile employees or stop hiring staffers from certain countries, [John] Demers[US Assistant Attorney General for National Security] said. He suggests companies develop internal systems that can track when employees are accessing sensitive company files, which can help pinpoint when a IP theft might be occurring. For example, if a soon-to-be ex-staffer is suddenly accessing a huge trove of a confidential documents, the system should immediately flag the download to company administrators."
"“It’s not a spy versus spy game anymore,” said William Evanina, Director of the National Counterintelligence and Security Center, during the panel. “This is the businessman, the engineer, the scientist, the student, the professor.”...
To stop the intellectual property theft, the feds are urging US companies to protect against insider threats, which can be spurred on both by foreign governments and domestic rivals, they noted. But the answer isn’t to profile employees or stop hiring staffers from certain countries, [John] Demers[US Assistant Attorney General for National Security] said. He suggests companies develop internal systems that can track when employees are accessing sensitive company files, which can help pinpoint when a IP theft might be occurring. For example, if a soon-to-be ex-staffer is suddenly accessing a huge trove of a confidential documents, the system should immediately flag the download to company administrators."
Universities And The Commercialization Of Intellectual Property; Forbes, February 25, 2020
; Universities And The Commercialization Of Intellectual Property
"Universities are, as McLuhan came to understand from his career as a professor, bureaucratic institutions -- risk-averse and prone to discriminate against whatever is politically incorrect. This characteristic is also true of modern research universities, glorified though they are as idea factories.
Administrators might talk up breakthroughs and research acumen, but a typical university will nevertheless direct its resources toward things other than the commercialization of innovations that emerge on campus. When business owners inquire about accessing those innovations, many schools hem and haw, unsure of how to proceed because “those who can’t do, teach,” all the while demanding concessions from the private sector that amount to administrators wanting to have their IP cake and eat it, too."
"Universities are, as McLuhan came to understand from his career as a professor, bureaucratic institutions -- risk-averse and prone to discriminate against whatever is politically incorrect. This characteristic is also true of modern research universities, glorified though they are as idea factories.
Administrators might talk up breakthroughs and research acumen, but a typical university will nevertheless direct its resources toward things other than the commercialization of innovations that emerge on campus. When business owners inquire about accessing those innovations, many schools hem and haw, unsure of how to proceed because “those who can’t do, teach,” all the while demanding concessions from the private sector that amount to administrators wanting to have their IP cake and eat it, too."
Tuesday, February 25, 2020
WIPO Publishes Submissions on AI and IP Policy; IP Watchdog, February 24, 2020
James Nurton, IP Watchdog; WIPO Publishes Submissions on AI and IP Policy
"Twenty-two member states of the World Intellectual Property Organization (WIPO), more than 100 organizations, and over 100 individuals have submitted comments and suggestions in response to WIPO’s Draft Issues Paper on IP Policy and AI.
The submissions have been posted in the form and in the languages in which they were received on WIPO’s website.
The comments will feed into a revised issues paper for discussion at the second session of the WIPO Conversation on IP and AI, which takes place in Geneva in May 2020."
"Twenty-two member states of the World Intellectual Property Organization (WIPO), more than 100 organizations, and over 100 individuals have submitted comments and suggestions in response to WIPO’s Draft Issues Paper on IP Policy and AI.
The submissions have been posted in the form and in the languages in which they were received on WIPO’s website.
The comments will feed into a revised issues paper for discussion at the second session of the WIPO Conversation on IP and AI, which takes place in Geneva in May 2020."
Friday, February 21, 2020
The Real Cost Of Doing Business: Newport Gallery Owner Kristen Coates Sued For Copyright Infringement; Newport Buzz, February 17, 2020
Newport Buzz; The Real Cost Of Doing Business: Newport Gallery Owner Kristen Coates Sued For Copyright Infringement
"Newport, RI born artist Mia Tarducci is suing Bellevue Avenue art gallery owner Kristen Coates in federal court for copyright infringement revolving around a series of works that Coates produced that look eerily similar to works produced by Tarducci."
"Newport, RI born artist Mia Tarducci is suing Bellevue Avenue art gallery owner Kristen Coates in federal court for copyright infringement revolving around a series of works that Coates produced that look eerily similar to works produced by Tarducci."
What Happens to Trade Secrets in a World Where Professor X & Mind Reading Are Real?; Escapist Magazine, February 2, 2020
Adam Adler, Escapist Magazine; What Happens to Trade Secrets in a World Where Professor X & Mind Reading Are Real?
"When it comes to trade secrets, though, the law is straightforward — at least in theory: Secrecy is good. The more mechanisms one uses to protect their trade secret, the harder it will be for one’s adversary to challenge the legitimacy of the trade secret protections."
"When it comes to trade secrets, though, the law is straightforward — at least in theory: Secrecy is good. The more mechanisms one uses to protect their trade secret, the harder it will be for one’s adversary to challenge the legitimacy of the trade secret protections."
Thursday, February 20, 2020
The Lifecycle of Copyright: 1924 Works Enter the Public Domain; Library of Congress, February 20, 2020
; The Lifecycle of Copyright: 1924 Works Enter the Public Domain
"Last year, for the first time in twenty years, published creative works entered into the public domain in the United States. Works from 1923 saw their copyright terms end, meaning they were no longer subject to copyright protection. With the new year, works published in 1924 joined them.
The public domain is an important part of the lifecycle of copyright. The U.S. Constitution set the stage for Congress to pass copyright law protection for creative works, granting creators exclusive rights, subject to certain exceptions and limitations, for the use of their works. But, that control is not infinite. Just as significant is the Constitution’s assertion that those exclusive rights should only exist for “limited times.”
Once in the public domain, anyone can use a work without permission from the author. This often means that works in the public domain inspire the creation of new works, adaptations, derivatives, and more—which further enriches the cultural landscape of the country.
On January 1, 2020, thousands of historical and cultural works from 1924 entered the public domain in the United States. These are just a few of the notable highlights."
"Last year, for the first time in twenty years, published creative works entered into the public domain in the United States. Works from 1923 saw their copyright terms end, meaning they were no longer subject to copyright protection. With the new year, works published in 1924 joined them.
The public domain is an important part of the lifecycle of copyright. The U.S. Constitution set the stage for Congress to pass copyright law protection for creative works, granting creators exclusive rights, subject to certain exceptions and limitations, for the use of their works. But, that control is not infinite. Just as significant is the Constitution’s assertion that those exclusive rights should only exist for “limited times.”
Once in the public domain, anyone can use a work without permission from the author. This often means that works in the public domain inspire the creation of new works, adaptations, derivatives, and more—which further enriches the cultural landscape of the country.
On January 1, 2020, thousands of historical and cultural works from 1924 entered the public domain in the United States. These are just a few of the notable highlights."
Empowering Young Entrepreneurs with Intellectual Property Education; The Michelson Institute for Intellectual Property via PR Newswire, February 20, 2020
The Michelson Institute for Intellectual Property via PR Newswire; Empowering Young Entrepreneurs with Intellectual Property Education
"The Michelson Institute for Intellectual Property (Michelson IP) is pleased to announce partnerships with two high school innovation programs, the Network For Teaching Entrepreneurship (NFTE) Los Angeles and TiE Oregon to support intellectual property (IP) education within their exceptional youth entrepreneurship programs. The collaborations, which mark Michelson IP's first foray into IP education for K-12 students, aim to empower young people to solve challenges with an entrepreneurial mindset and understand how to leverage IP to protect their budding new ventures. We're especially thrilled to work together in this effort as both TiE and NFTE serve and support students from under-resourced communities."
"The Michelson Institute for Intellectual Property (Michelson IP) is pleased to announce partnerships with two high school innovation programs, the Network For Teaching Entrepreneurship (NFTE) Los Angeles and TiE Oregon to support intellectual property (IP) education within their exceptional youth entrepreneurship programs. The collaborations, which mark Michelson IP's first foray into IP education for K-12 students, aim to empower young people to solve challenges with an entrepreneurial mindset and understand how to leverage IP to protect their budding new ventures. We're especially thrilled to work together in this effort as both TiE and NFTE serve and support students from under-resourced communities."
WIPO and U.S. Copyright Office Team Up to Talk Copyright in the Age of AI; IP Watchdog, February 17, 2020
Michelle Sara King, IP Watchdog; WIPO and U.S. Copyright Office Team Up to Talk Copyright in the Age of AI
"Earlier this month, the U.S. Copyright Office and the World Intellectual Property Organization (WIPO) held a joint event titled, “Copyright in the Age of Artificial Intelligence” (AI) at the Library of Congress in Washington, DC. The event explored how global copyright law and intellectual property law, as well as broader policy, may currently address AI technology, and included dialogue about changes that may be needed. Panelists also shared how AI is being utilized now and what future technology deployment and innovation may look like.
The event was part of a series of conversations organized by the U.S, Copyright Office and WIPO both in the United States and Europe, with the next conversation scheduled for May 11 and 12 in Geneva, Switzerland. The summit illustrated that AI presents unique opportunities for innovation, assuming intellectual property rights are respected, but questions remain in several areas, including whether machine learning is producing “original” work and whether the product of such software is inherently reproductive, derivative or the result of a system or process devoid of human action."
"Earlier this month, the U.S. Copyright Office and the World Intellectual Property Organization (WIPO) held a joint event titled, “Copyright in the Age of Artificial Intelligence” (AI) at the Library of Congress in Washington, DC. The event explored how global copyright law and intellectual property law, as well as broader policy, may currently address AI technology, and included dialogue about changes that may be needed. Panelists also shared how AI is being utilized now and what future technology deployment and innovation may look like.
The event was part of a series of conversations organized by the U.S, Copyright Office and WIPO both in the United States and Europe, with the next conversation scheduled for May 11 and 12 in Geneva, Switzerland. The summit illustrated that AI presents unique opportunities for innovation, assuming intellectual property rights are respected, but questions remain in several areas, including whether machine learning is producing “original” work and whether the product of such software is inherently reproductive, derivative or the result of a system or process devoid of human action."
Wednesday, February 19, 2020
Protecting Your Most Valuable Assets: How to Identify and Maintain Your Institution’s Trade Secrets; The National Law Review, January 23, 2020
Frank Amini, Ph.D., Robert Shaddox, The National Law Review; Protecting Your Most Valuable Assets: How to Identify and Maintain Your Institution’s Trade Secrets
"An institution’s trade secrets can be its most valuable and prolonged assets. However, institutions must take numerous steps in order to maintain the enforceability of their trade secrets. Such steps include: (1) identifying the trade secrets; and (2) taking “reasonable measures” to maintain the secrecy of the trade secrets."
"An institution’s trade secrets can be its most valuable and prolonged assets. However, institutions must take numerous steps in order to maintain the enforceability of their trade secrets. Such steps include: (1) identifying the trade secrets; and (2) taking “reasonable measures” to maintain the secrecy of the trade secrets."
Why AI systems should be recognized as inventors; TNW, February 17, 2020
Thomas Macaulay, TNW; Why AI systems should be recognized as inventors
"Existing intellectual property laws don’t allow AI systems to be recognized as inventors, which threatens the integrity of the patent system and the potential to develop life-changing innovations.
Current legislation only allows humans to be recognized as inventors, which could make AI-generated innovations unpatentable. This would deprive the owners of the AI of the legal protections they need for the inventions that their systems create.
The Artificial Inventor Project team has been testing the limitations of these rules by filing patent applications that designate a machine as the inventor— the first time that an AI’s role as an inventor had ever been disclosed in a patent application."
On National Inventors’ Day, Celebrating IBM’s Innovators; Forbes, February 11, 2020
Dario Gil, Director of IBM Research, Forbes; On National Inventors’ Day, Celebrating IBM’s Innovators
"It all boils down to the culture, and the diverse global network of human beings who drive it. As Chieko Asakawa, who lost her eyesight at age 14 and went on to pioneer technologies that open the wonders of the Internet to visually impaired users, puts it: “IBM has a culture that respects each person’s own perspective. It’s a culture of listening, discussion and thinking about ideas together.”
Asakawa was recently inducted into the National Inventors Hall of Fame for her work to create the Home Page Reader, a web-to-speech system, improving internet accessibility and usability for the visually impaired.
“When I started working for IBM,” she reflects, “my blindness became my strength.”
And her strength—along with the talent of all her inventive colleagues—is one of IBM’s greatest assets."
"It all boils down to the culture, and the diverse global network of human beings who drive it. As Chieko Asakawa, who lost her eyesight at age 14 and went on to pioneer technologies that open the wonders of the Internet to visually impaired users, puts it: “IBM has a culture that respects each person’s own perspective. It’s a culture of listening, discussion and thinking about ideas together.”
Asakawa was recently inducted into the National Inventors Hall of Fame for her work to create the Home Page Reader, a web-to-speech system, improving internet accessibility and usability for the visually impaired.
“When I started working for IBM,” she reflects, “my blindness became my strength.”
And her strength—along with the talent of all her inventive colleagues—is one of IBM’s greatest assets."
Online auction to sell Hemingway and Kerouac typewriters, Samuel Colt gun patents; Hartford Courant, February 17, 2020
Kathleen McWilliams, Hartford Courant; Online auction to sell Hemingway and Kerouac typewriters, Samuel Colt gun patents
"Three 1830s patent documents for Hartford native Samuel Colt’s revolving cylinder guns are another notable item that will be auctioned off. The patents are valued between $40,000 and $50,000.
Bids will start at $13,000 for the patents for Colt’s Paterson Revolver No. 5 The guns achieved legendary status in the American West because they did not require their users to reload them after one shot."
"Three 1830s patent documents for Hartford native Samuel Colt’s revolving cylinder guns are another notable item that will be auctioned off. The patents are valued between $40,000 and $50,000.
Bids will start at $13,000 for the patents for Colt’s Paterson Revolver No. 5 The guns achieved legendary status in the American West because they did not require their users to reload them after one shot."
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