Plotting a patent; Nursery Management, February 6, 2017

Karen E. Varga, Nursery Management; 

Plotting a patent

"There have been 28,191 plant patent applications filed through the United States Patent and Trademark Office (USPTO) since 1963. From those applications, 24,021 plant patents were granted. While, comparatively speaking, plant patents make up a very small portion of the overall number of patents granted in the U.S. (there were 25,986 design patents granted in 2015 alone), their importance within the horticulture industry has grown, especially with the proliferation of brands...

When the America Invents Act was signed into law in 2011 and fully implemented in 2013, the U.S. went from being a “first to invent” to a “first inventor to file” country, putting it in line with most of the rest of the world. Under the new system, whomever files the patent application first can become the patent owner. That means that if you publicly disclose your plant before filing, you risk losing patentability. In addition, the new system considers any public disclosure outside of the U.S. the same as one made within our borders.

“The most important thing I tell people is, don’t show it to anybody, particularly anybody from outside of your operation,” McCoy says. “Don’t disclose it, don’t show it to anyone, and then get with a practitioner. Under this ‘first inventor to file’ system, you need to file before you disclose in any way.”

For 10 more patent questions and their answers, read the full article in our February issue."

EU Internet Advocates Launch Campaign to Stop Dangerous Copyright Filtering Proposal; Electronic Frontier Foundation (EFF), March 7, 2017

Kerry Sheehan, Electronic Frontier Foundation (EFF); 

EU Internet Advocates Launch Campaign to Stop Dangerous Copyright Filtering Proposal

"In the wake of the European Commission’s dangerous proposal to require user-generated content platforms to filter user uploads for copyright infringement, European digital rights advocates are calling on Internet users throughout Europe to stand up for freedom of expression online by urging their MEP (Member of European Parliament) to stop the #CensorshipMachine and “save the meme.”

Last year, the European Commission released a proposed Directive on Copyright in the Digital Single Market, Article 13 of which would require all online service providers that “store and provide to the public access to large amounts of works or other subject-matter uploaded by their users” to reach agreements with rights holders to keep allegedly infringing content off their sites – including by implementing content filtering technologies.

We’ve talked at length about the dangers of this proposal, and the problems with filtering the Internet for copyright infringement. For one thing, it’s extremely dangerous for fair use and free expression online."

Ohio State University seeks to trademark The Oval; Columbus Dispatch, March 7, 2017

Mary Mogan Edwards, Columbus Dispatch; 

Ohio State University seeks to trademark The Oval

"Forget about any plans you might have to appeal to OSU-lovers everywhere with a line of T-shirts evoking that signature grassy expanse that's something between a circle and a rectangle: Ohio State University is claiming "The Oval" — the place name and the image, not the geometrical shape — as its own.

Seeking trademark protection is the ultimate step in brand defense, said Rick Van Brimmer, OSU's assistant vice president for trademark-licensing services. The university is moving The Oval up to that category (where Brutus Buckeye, Woody Hayes, The Shoe, Urban Meyer and the like dwell) because the university is using it these days as a neck label on apparel and other items."

Prenda Law principal pleads guilty to federal charges in porn copyright case; ABA Journal, March 7, 2017

Stephanie Francis Ward, ABA Journal; 

Prenda Law principal pleads guilty to federal charges in porn copyright case

"A defendant in the Prenda Law case, which involved alleged shakedowns of people accused of illegally downloading pornography, pleaded guilty Monday to federal conspiracy charges of money laundering, mail fraud and wire fraud. 

John L. Steele, the defendant, previously bragged about earning millions from suing people for illegal downloads, the Star Tribune reports. Federal prosecutors claim that Steele and Paul Hansmeier, a Minneapolis attorney, created two fake businesses to acquire copyrights for the pornographic films, some of which they filmed themselves, and posted the materials to file-sharing websites. Then they and other lawyers filed John Doe lawsuits against the downloaders and subpoenaed Internet service providers to identify defendants.

The government asked for a sentence of eight to 10 years. But according to the Star Tribune, prosecutors could agree to something shorter if Steele cooperates with them, which presumably would involve testifying against Hansemeier.

Between April 2011 and December 2012, Steele and Hansmeier, along with lawyers who worked for them, collected more than $6 million in settlements, according to the article."

A right to repair: why Nebraska farmers are taking on John Deere and Apple; Guardian, March 6, 2017

Olivia Solon, Guardian; 

A right to repair: why Nebraska farmers are taking on John Deere and Apple

"Kyle is one of many farmers in the US fighting for the right to repair their equipment. He and others are getting behind Nebraska’s “Fair Repair” bill, which would require companies to provide consumers and independent repair shops access to service manuals, diagnostic tools and parts so they aren’t limited to a single supplier. They have an unlikely ally: repair shops for electronic items like iPhones, tablets and laptops who struggle to find official components and information to fix broken devices. This means the bill could benefit not just farmers but anyone who owns electronic goods. There’s also a benefit to the environment, as it would allow for more refurbishment and recycling instead of sending equipment to the landfill.

Nebraska is one of eight states in the US – including Minnesota, New York, Massachusetts, Illinois, Wyoming, Tennessee and Kansas – seeking to pass “right to repair” legislation. All eyes will be on the Cornhusker state when the bill has its public hearing on 9 March, because its unique “unicameral legislature” (it’s the only state to have a single parliamentary chamber) means laws can be enacted swiftly. If this bill, officially named LB67, gets through, it may lead to a domino effect through the rest of the US, as happened with a similar battle over the right to repair cars."

China’s theft of U.S. trade secrets under scrutiny; Science, February 28, 2017

Mara Hvistendahl, Science; 

China’s theft of U.S. trade secrets under scrutiny

"When it comes to intellectual property (IP) theft, there’s the rest of the world, and then there’s China, a new report says. In 2015, mainland China and Hong Kong accounted for 87% of counterfeit goods seized by the U.S. Customs and Border Patrol. China’s share of trade secrets theft, though harder to track, is not far behind, claims the Commission on the Theft of American Intellectual Property in Washington, D.C., a bipartisan nongovernmental group co-chaired by former Utah Governor Jon Huntsman Jr., who served as U.S. ambassador to China from 2009 to 2011.

Stolen trade secrets, pirated software, and counterfeiting cost the United States between $225 billion and $600 billion per year, the commission estimates...

Scholars often take issue with efforts to put a price tag on IP theft... 

Also up for debate is how best to address IP theft. The Obama administration pursued a strategy heavy on prosecutions of Chinese-born U.S. scientists (see here, here, and here), along with symbolic moves against overseas offenders, such as the 2014 indictment of five members of a People’s Liberation Army hacking unit. Policy tools improved under Obama went “largely unused,” the report said. For instance, a 2015 law enabling the president to sanction foreign countries, companies, and individuals for IP theft has not yet been invoked."

The day of Trump toilets and condoms in China may have just ended. Here's why that's controversial; Los Angeles Times, March 6, 2017

Jessica Meyers, Los Angeles Times; 
The day of Trump toilets and condoms in China may have just ended. Here's why that's controversial

"Could Trump benefit from the decision?

Some analysts believe investors, wary about the delicate relationship between China and the U.S., will veer away from anything bearing Donald Trump’s name. But two chief ethics lawyers under former Presidents George W. Bush and Barack Obama argue China could still use Trump’s ties to his family empire to influence policies.

They’re part of a lawsuit filed in federal court in New York that alleges the president’s foreign business connections violate the Constitution.

“We should be seriously concerned about Mr. Trump’s ethical standards,” [Haochen] Sun [director of the Law and Technology Center at the University of Hong Kong and a specialist in intellectual property law] said. “The registration carries the message that Trump is still doing business.”