New Research Study Describes DNDi As A “Commons” For Public Health; Intellectual Property Watch, February 25, 2019

David Branigan, Intellectual Property Watch; New Research Study Describes DNDi As A “Commons” For Public Health

"Since 2003, Drugs for Neglected Diseases Initiative (DNDi) has worked to meet the public health needs of neglected populations by filling gaps in drug development left by the for-profit pharmaceutical industry. A new research study by the French Development Agency analysed DNDi’s unique product development partnership (PDP) model, and found that it “illustrate[s] what can be presented as a ‘commons’ within the area of public health."

The research study, “DNDi, a Distinctive Illustration of Commons in the Area of Public Health,” was published earlier this month by the Agence Française de Développement (AFD), the French public development bank that “works in many sectors — energy, healthcare, biodiversity, water, digital technology, professional training, among others — to assist with transitions towards a safer, more equitable, and more sustainable world: a world in common,” according to its website."

Startup Law A to Z: Intellectual Property; TechCrunch, February 25, 2019

Daniel McKenzie, TechCrunch; Startup Law A to Z: Intellectual Property

"Whether protected through copyright, trade secret, trademark, or patents, software technology companies depend on IP more so than perhaps any other business type in history.

It is surprising, then, just how little founders think about protecting their own IP. Sure, “product-market fit” is an all-engrossing search for truth that tolerates no distraction, but that is at best an explanation, not an excuse.

The real pros will find product-market fit while documenting and protecting IP along the way — it’s the only way to ensure you own your work, after all.

This article provides an overview to help you think about where your IP sits, how to protect it, and how to avoid certain pitfalls that plague far too many startups."

A Century-Old Debate Over Science Patents Is Repeating Itself Today; Slate, February 25, 2019

Charles Duan, Slate; A Century-Old Debate Over Science Patents Is Repeating Itself Today

"What caused the demise of Ruffini’s idea? It turned out to be devils in the details: Deep thinkers on the subject, even those in favor of scientific property in principle, couldn’t figure out the implementation. Rogers, for example, wondered how scientific property would deal with multiple contributors to one discovery. Who, for example, “discovered” electricity—Benjamin Franklin? André-Marie Ampère? George Simon Ohm? The “chap that made the Leyden jar”? Industries worried about unexpected liability and demanded creation of a scientific property insurance scheme. The American Association for the Advancement of Science report found concerns that the expansive scope of some scientific discoveries could lead to unbounded, tortuous litigation. A U.S. Patent Office official wondered how scientific property patents could be written without being too vague and speculative."

Dentist’s failed suit demonstrates a copyright’s bite needs more than teeth; Lexology, February 18, 2019

Thompson Coburn LLP - Mark Sableman, Lexology; Dentist’s failed suit demonstrates a copyright’s bite needs more than teeth

 

"The court agreed in Pohl v. MH SUB I, LLC, finding that Dr. Pohl’s two “direct shots” of his patient’s teeth were purely utilitarian, like pictures of food plates on a Chinese restaurant’s menu. They lacked the minimal required “creative spark.”...

 

For more information, there’s a chapter in the Copyright Office Compendium on this subject. Or you can just remember: “No way” for teeth or triangles; a thin “OK” for tetrahedrons."

The worst possible version of the EU Copyright Directive has sparked a German uprising; BoingBoing, February 18, 2019

Cory Doctorow, BoingBoing; The worst possible version of the EU Copyright Directive has sparked a German uprising

"In the meantime, the petition to save Europe from the Directive—already the largest in EU history—keeps racking up more signatures, and is on track to be the largest petition in the history of the world."

Entrepreneurs Tell USPTO Director Iancu: Patent Trolls Aren’t Just “Monster Stories”; Electronic Frontier Foundation (EFF), February 14, 2019

Joe Mullin, Electronic Frontier Foundation (EFF); Entrepreneurs Tell USPTO Director Iancu: Patent Trolls Aren’t Just “Monster Stories”

"Unfortunately, the new director of the U.S. Patent and Trademark Office (USPTO) is in a serious state of denial about patent trolls and the hurt they cause to technologists everywhere. Today a number of small business owners and start-up founders have submitted a letter [PDF] to USPTO Director Andre Iancu telling him that patent trolls remain a real threat to U.S. businesses. Signatories range from mid-sized companies like Foursquare and Life360 to one-person software enterprises like Ken Cooper's. The letter explains the harm, cost, and stress that patent trolls cause businesses."

The Scouts Teach Us All a Lesson About Trademark Law; Forbes, February 12, 2019

Tony Marks, Forbes; The Scouts Teach Us All a Lesson About Trademark Law

"David Harford, an attorney with Bryan Cave Leighton Paisner, contributed to this post."...

"Ultimately, the Girl Scout’s suit against the Boy Scouts demonstrates the caution that should be exercised regarding the use of intellectual property in connection with the alteration and expansion of services.  This is a message that all franchisors should take to heart as they rebrand or brand products and services.  The Boy Scouts likely devoted a lot of resources to determine how they should let everyone know that they were offering new services.  Instead of just reaping the benefits of that work, they are now fighting a lawsuit that may result in their inability to take advantage of their new marketing strategy."