"[T]he American Red Cross sent the non-profit group a cease and desist letter warning the group is infringing on copyright laws."
Wednesday, June 14, 2017
Flag on Water Stations Changed Due to Copyright Infringement; KRGV.com, May 25, 2017
KRGV.com; Flag on Water Stations Changed Due to Copyright Infringement
"[T]he American Red Cross sent the non-profit group a cease and desist letter warning the group is infringing on copyright laws."
"[T]he American Red Cross sent the non-profit group a cease and desist letter warning the group is infringing on copyright laws."
The Future of Big Data and Intellectual Property; Inside Counsel, June 13, 2017
Amanda Ciccatelli, Inside Counsel; The Future of Big Data and Intellectual Property
"Simon Webster, CEO at CPA Global, recently sat down with Inside Counsel to discuss how big data tools and technologies can be used in the patent world to drastically improve patent analysis – from how behavioural analysis can reveal the likelihood of patent issuance during prosecution to international IP portfolio management.
Today, big data is important when it comes to IP because it can help better decision making. In fact, up to 85 percent of a company’s value lies in its IP portfolio and it is often a key driver in the most high-profile acquisitions and mergers. Almost every company can improve its efficiency through modern technologies to drive increased insight through big data.
“Companies used to struggle to gain the required insight from data that helped them make better strategic decisions,” he said. “With the availability of on demand computing and storage and the application of artificial intelligence to process vast volumes of data quickly, all businesses are now looking for insight that can help shape company direction.”...
He added, “The argument for IP Officers to be an integral part of the entire business planning and development process has never been stronger. Armed with insight, driven from internal and external data, analysed effectively, IP professionals can extend their reach beyond the IP department and more fully shape boardroom strategy.”"
"Simon Webster, CEO at CPA Global, recently sat down with Inside Counsel to discuss how big data tools and technologies can be used in the patent world to drastically improve patent analysis – from how behavioural analysis can reveal the likelihood of patent issuance during prosecution to international IP portfolio management.
Today, big data is important when it comes to IP because it can help better decision making. In fact, up to 85 percent of a company’s value lies in its IP portfolio and it is often a key driver in the most high-profile acquisitions and mergers. Almost every company can improve its efficiency through modern technologies to drive increased insight through big data.
“Companies used to struggle to gain the required insight from data that helped them make better strategic decisions,” he said. “With the availability of on demand computing and storage and the application of artificial intelligence to process vast volumes of data quickly, all businesses are now looking for insight that can help shape company direction.”...
He added, “The argument for IP Officers to be an integral part of the entire business planning and development process has never been stronger. Armed with insight, driven from internal and external data, analysed effectively, IP professionals can extend their reach beyond the IP department and more fully shape boardroom strategy.”"
Trump Adds More Trademarks in China; New York Times, June 13, 2017
Sui-Lee wee, New York Times; Trump Adds More Trademarks in China
"President Trump is poised to add six new trademarks to his expanding portfolio in China, in sectors including veterinary services and construction, potentially renewing concerns about his possible conflicts of interest.
The latest trademarks expand Mr. Trump’s business interests in China, the world’s second-largest economy and a country he frequently blamed during the election campaign for the decline in American industrial jobs. Since taking office, he has softened that rhetoric.
He has nevertheless continued to receive approval in China for new trademarks. The country’s trademark office gave the president preliminary approval for six trademarks on June 6, according to the agency’s website.
Under Chinese law, a trademark with preliminary approval is formally registered after three months if the agency receives no objections."
"President Trump is poised to add six new trademarks to his expanding portfolio in China, in sectors including veterinary services and construction, potentially renewing concerns about his possible conflicts of interest.
The latest trademarks expand Mr. Trump’s business interests in China, the world’s second-largest economy and a country he frequently blamed during the election campaign for the decline in American industrial jobs. Since taking office, he has softened that rhetoric.
He has nevertheless continued to receive approval in China for new trademarks. The country’s trademark office gave the president preliminary approval for six trademarks on June 6, according to the agency’s website.
Under Chinese law, a trademark with preliminary approval is formally registered after three months if the agency receives no objections."
Tuesday, June 13, 2017
When a Computer Program Keeps You in Jail; New York Times, June 13, 2017
Rebecca Wexler, New York Times; When a Computer Program Keeps You in Jail
"The criminal justice system is becoming automated. At every stage — from policing and investigations to bail, evidence, sentencing and parole — computer systems play a role. Artificial intelligence deploys cops on the beat. Audio sensors generate gunshot alerts. Forensic analysts use probabilistic software programs to evaluate fingerprints, faces and DNA. Risk-assessment instruments help to determine who is incarcerated and for how long.
Technological advancement is, in theory, a welcome development. But in practice, aspects of automation are making the justice system less fair for criminal defendants.
The root of the problem is that automated criminal justice technologies are largely privately owned and sold for profit. The developers tend to view their technologies as trade secrets. As a result, they often refuse to disclose details about how their tools work, even to criminal defendants and their attorneys, even under a protective order, even in the controlled context of a criminal proceeding or parole hearing."
"The criminal justice system is becoming automated. At every stage — from policing and investigations to bail, evidence, sentencing and parole — computer systems play a role. Artificial intelligence deploys cops on the beat. Audio sensors generate gunshot alerts. Forensic analysts use probabilistic software programs to evaluate fingerprints, faces and DNA. Risk-assessment instruments help to determine who is incarcerated and for how long.
Technological advancement is, in theory, a welcome development. But in practice, aspects of automation are making the justice system less fair for criminal defendants.
The root of the problem is that automated criminal justice technologies are largely privately owned and sold for profit. The developers tend to view their technologies as trade secrets. As a result, they often refuse to disclose details about how their tools work, even to criminal defendants and their attorneys, even under a protective order, even in the controlled context of a criminal proceeding or parole hearing."
Copyright: as relevant as ever; Lexology, June 7, 2017
Rachel Sikwane, ENSafrica, Lexology; Copyright: as relevant as ever
"Copyright is a highly important area of IP law. Yet, it’s also an area that’s often ignored and misunderstood, partly because it generally doesn’t involve registration, and partly because of the uncertainties created by the digital age.
For those who have little experience or knowledge of copyright law, it’s an area of law that protects a wide range of things (referred to as “works”), including written works, artworks, musical works, sound recordings, films and computer programmes. In most countries (including South Africa), no registration is required, and the right comes into existence as soon as it is put into a material form – having a song in your mind does not give you copyright; you have to write it down or record it in some form. Even the most mundane work may enjoy copyright protection, provided that some effort went into creating it.
Copyright lasts for a very long time – in South Africa, the term is 50 years, and this runs from various dates such as the date of release or the date of death of the creator, depending on the type of work."
"Copyright is a highly important area of IP law. Yet, it’s also an area that’s often ignored and misunderstood, partly because it generally doesn’t involve registration, and partly because of the uncertainties created by the digital age.
For those who have little experience or knowledge of copyright law, it’s an area of law that protects a wide range of things (referred to as “works”), including written works, artworks, musical works, sound recordings, films and computer programmes. In most countries (including South Africa), no registration is required, and the right comes into existence as soon as it is put into a material form – having a song in your mind does not give you copyright; you have to write it down or record it in some form. Even the most mundane work may enjoy copyright protection, provided that some effort went into creating it.
Copyright lasts for a very long time – in South Africa, the term is 50 years, and this runs from various dates such as the date of release or the date of death of the creator, depending on the type of work."
Monday, June 12, 2017
A legal victory for the kickstarted Star Trek mashup censored by Dr Seuss's estate; BoingBoing, June 12, 2017
Cory Doctorow, BoingBoing; A legal victory for the kickstarted Star Trek mashup censored by Dr Seuss's estate
"Last October, the Dr Seuss estate used legal threats to halt a wildly successful crowdfunded Seuss/Star Trek mashup called "Oh, The Places You'll Boldly Go," whose contributors included comics legend Ty Templeton and Tribbles creator David Gerrold.
The Seuss estate argued that the book infringed its trademarks and copyrights. Now, the United States District Court for the Southern District of California court has ruled on the trademark question and found that there is no valid trademark claim thanks to "nominative fair use," and also indicated that it would be favorably disposed to fair use defenses on the copyright question.
The estate has two weeks to prove copyright damages and to amend its trademark claims."
"Last October, the Dr Seuss estate used legal threats to halt a wildly successful crowdfunded Seuss/Star Trek mashup called "Oh, The Places You'll Boldly Go," whose contributors included comics legend Ty Templeton and Tribbles creator David Gerrold.
The Seuss estate argued that the book infringed its trademarks and copyrights. Now, the United States District Court for the Southern District of California court has ruled on the trademark question and found that there is no valid trademark claim thanks to "nominative fair use," and also indicated that it would be favorably disposed to fair use defenses on the copyright question.
The estate has two weeks to prove copyright damages and to amend its trademark claims."
Next PTO Director must have management experience, patent savvy, and leadership skills; IPWatchdog, June 12, 2017
Judge Paul Michel, IPWatchdog; Next PTO Director must have management experience, patent savvy, and leadership skills
"All these ills can be addressed effectively by the PTO’s new Director, provided they have the necessary management experience, patent savvy, and leadership skills. Someone like me who has not run anything larger than a courthouse may lack the needed capabilities, as may someone who has run nothing larger than a litigation team or small law firm. Same for the gifted academics who provide such useful commentary on all matters patent. Same with former Capitol Hill staffers(I was once one myself). They all have their place, but it is not at the helm of America’s 13,000 person innovation agency.
Rather, we need someone from a large company who has shown leadership ability and has a proven record of successfully managing a significant part of a large organization. Of course, the person must also have experience prosecuting, licensing and litigating patents. And, a background in science or engineering. But many patent lawyers have such experiences. Few, however have the necessary management chops.
In my opinion, David Kappos embodied all these attributes to a great degree. And, he came from a long, highly successful career at IBM, where he ran a large operation that depended on using patent skills both for protecting patented inventions and defending against patent assertions by others. A company or law firm that primarily or only employs one or the other strategy is probably not the best talent pool from which to select a PTO Director, because achieving balance between owners and users is the key to success.
Finally, the person should have deep experience with the patent policy debates and the many agency reports and legislative proposals that have roiled the patent community for a decade. Today, those debates continue, unabated."
"All these ills can be addressed effectively by the PTO’s new Director, provided they have the necessary management experience, patent savvy, and leadership skills. Someone like me who has not run anything larger than a courthouse may lack the needed capabilities, as may someone who has run nothing larger than a litigation team or small law firm. Same for the gifted academics who provide such useful commentary on all matters patent. Same with former Capitol Hill staffers(I was once one myself). They all have their place, but it is not at the helm of America’s 13,000 person innovation agency.
Rather, we need someone from a large company who has shown leadership ability and has a proven record of successfully managing a significant part of a large organization. Of course, the person must also have experience prosecuting, licensing and litigating patents. And, a background in science or engineering. But many patent lawyers have such experiences. Few, however have the necessary management chops.
In my opinion, David Kappos embodied all these attributes to a great degree. And, he came from a long, highly successful career at IBM, where he ran a large operation that depended on using patent skills both for protecting patented inventions and defending against patent assertions by others. A company or law firm that primarily or only employs one or the other strategy is probably not the best talent pool from which to select a PTO Director, because achieving balance between owners and users is the key to success.
Finally, the person should have deep experience with the patent policy debates and the many agency reports and legislative proposals that have roiled the patent community for a decade. Today, those debates continue, unabated."
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