McGill institute takes open science to a new level; University Affairs/Affaires universitaires, April 19, 2017

Tim Lougheed, University Affairs/Affaires universitaires; 

McGill institute takes open science to a new level

"According to Richard Gold, a professor in McGill’s faculty of law, that steep price tag should not surprise advocates of what has been dubbed the open science initiative. These advocates regularly invoke the mantra that “knowledge wants to be free,” but such freedom comes with a daunting checklist that can only be completed by paying for a great deal of time, talent and physical resources.

“The data has to be collected, you have to make sense of it, curate it, you have to build the software, you have to have the hardware to deliver it, you have to make sure the format of the data is what people want, that it’s precise enough, that we’re transparent about how the data was collected,” says Dr. Gold...

For his part, Dr. Rouleau has seen little to suggest that the effect will be anything but positive for all concerned. During early consultations with the research community, he was greeted by a range of responses to this attempt to resolve what he calls the “perverse effect” of intellectual property."

Are My Customer Lists a Trade Secret?; lexology.com, April 17, 2017

Alex Meier and Eric Barton, Seyfarth Shaw LLP, lexology.com; 

Are My Customer Lists a Trade Secret?

"A lawyer’s favorite phrase might be “it depends.” And when an employer asks whether its customer lists qualify as a trade secret, “it depends” is often the answer. But even if it’s difficult to definitively state whether customer lists qualify as a trade secret, the converse—whether customer lists might not constitute a trade secret—can be helpful to assessing how much protection a court will provide.

With the advent of the Uniform Trade Secrets Act (“UTSA”), no state categorically denies trade-secrets status to customer lists. That’s because the default definition of a “trade secret” under the UTSA includes compilations of information, and several states modified the default definition to explicitly include customer lists as potential trade secrets."

Proehl: How long does a patent last?; Sioux Fall Business Journal via argusleader.com, April 18, 2017

Jeffrey Proehl, Sioux Fall Business Journal via argusleader.com; 

Proehl: How long does a patent last?

"The tenth and last question in the series of questions regarding patents is: How long does a patent last?

The term of a utility patent begins the day the patent is issued and has the potential to last for 20 years from the earliest filing date accorded to the patent application that became the patent. In order for the patent to remain in effect for the entire potential term, the patent owner must periodically pay a maintenance fee to the U.S. Patent and Trademark Office (USPTO). Payment of three maintenance fees is typically required for the full 20-year term."

Ivanka Trump won Chinese trademarks the same day she dined with China's president; Associated Press via Los Angeles Times, April 19, 2017

Associated Press via Los Angeles Times; Ivanka Trump won Chinese trademarks the same day she dined with China's president

"On April 6, Ivanka Trump's company won provisional approval from the Chinese government for three new trademarks, giving it monopoly rights to sell Ivanka brand jewelry, bags and spa services in the world's second-largest economy. That night, the first daughter and her husband, Jared Kushner, sat next to the president of China and his wife for a steak and Dover sole dinner at Mar-a-Lago, her father’s Florida resort.

The scenario underscores how difficult it is for Trump, who has tried to distance herself from the brand that bears her name, to separate business from politics in her new position at the White House."

Engineer, Prince's estate face off in court over unreleased music; MPRNews, April 19, 2017

Tim Nelson, MPRNews; 

Engineer, Prince's estate face off in court over unreleased music

"Prince's estate is suing a California sound engineer who is offering a multi-song selection of unreleased music from the late pop icon. The two sides faced off in an 80-minute federal court hearing Wednesday afternoon before U.S. District Court Judge Wilhelmina Wright in St. Paul."

Why The US Can't Afford To Fall Behind In Intellectual Property Enforcement; Forbes, April 17, 2017

Mark Elliot, Forbes; 

Why The US Can't Afford To Fall Behind In Intellectual Property Enforcement

"It’s not hard to see that the U.S. has more skin in the game when it comes to intellectual property. But that is why it might come as a surprise to some that America no longer leads the world when it comes to IP enforcement: the U.S. Chamber of Commerce 2017 International IP Index shows that the U.S. now ranks fifth, behind the U.K., Sweden, France and Germany. Given the high stakes, this is certainly not a new normal we should embrace.

So, how did we get here? The Chamber’s Index identified as a key weakness our: “inconsistent enforcement against counterfeit and pirated goods.”"

Company sued EFF over “Stupid Patent of the Month;” EFF now flips the script; Ars Technica, April 13, 2017

Cyrus Farivar, Ars Technica; 

Company sued EFF over “Stupid Patent of the Month;” EFF now flips the script

"The Electronic Frontier Foundation has sued an Australian company that it previously dubbed as a "classic patent troll" in a June 2016 blog post entitled: "Stupid Patent of the Month: Storage Cabinets on a Computer."

Last year, that company, Global Equity Management (SA) Pty. Ltd. (GEMSA), managed to get an Australian court to order EFF to remove its post—but EFF did not comply. In January 2017, Pasha Mehr, an attorney representing GEMSA, further demanded that the article be removed and that EFF pay $750,000. EFF still did not comply.

The new lawsuit, filed in federal court in San Francisco on Wednesday, asks that the American court declare the Australian ruling unenforceable in the US. Why? According to the EFF argument, the Australian ruling runs afoul of free speech protections granted under the United States Constitution—namely, that opinions are protected.

GEMSA attorneys have threatened to take this Australian court order to American search engine companies to deindex the blog post, making the post harder to find online."