Justice Department investigates Sci-Hub founder on suspicion of working for Russian intelligence; The Washington Post, December 19, 2019

Shane Harris and Devlin Barrett, The Washington Post; Justice Department investigates Sci-Hub founder on suspicion of working for Russian intelligence


"Elbakyan’s work has been the subject of legal and ethical controversy. In 2017, a New York district court awarded $15 million in damages to Elsevier, a leading science publisher, for copyright infringement by Sci-Hub and other sites...

Sci-Hub has made millions of documents available to users around the world, said Andrew Pitts, the managing director of PSI, an independent group based in England that advocates for legitimate access to scholarly content.

Pitts said there are 373 universities in 39 countries “that have suffered an intrusion from Sci-Hub,” which he defined as “using stolen credentials to illegally enter a university’s secure network.” More than 150 of the institutions are in the United States, Pitts said...

“She is the Kim Dotcom of scholarly publications,” said Joseph DeMarco, an attorney in New York who represented Elsevier in its lawsuit against Elbakyan. (Dotcom ran a famous file-sharing site that U.S. authorities said violated copyright law.)"

Free Textbooks for Law Students; Inside Higher Ed, January 3, 2020

Lindsay McKenzie, Inside Higher Ed; Free Textbooks for Law Students

"Law school is notoriously expensive, but a growing number of professors are pushing back on the idea that law textbooks must be expensive, too. Faculty members at the New York University School of Law have taken matters into their own hands by publishing their own textbooks at no cost to students."

Fair game: Does the fair use doctrine apply to Andy Warhol’s pop art?; ABA Journal, January 9, 2020

Eldon L. Ham, ABA Journal; Fair game: Does the fair use doctrine apply to Andy Warhol’s pop art?

"The acclaimed “Andy Warhol—From A to B and Back Again” exhibit of more than 400 of Andy Warhol’s works has been making the rounds from New York to San Francisco to Chicago. Even casual observers have a sense of Warhol’s groundbreaking pop-art style. Yet there is one surprising legal question of fair use and transformative value that begs consideration: Just what is a “Warhol”?"

Trade Secrets: What You Need to Know; The National Law Review, December 12, 2019

Michael J. Kasdan, Kevin M. Smith, Benjamin Daniels,The National Law Review; Trade Secrets: What You Need to Know

"Coca-Cola’s secret formula. McDonalds’ special sauce. Google’s search algorithm. Bumble’s dating software. This proprietary information is vital to these companies’ survival, and among their most valuable corporate assets.  Each is protected as a trade secret.  While patent law offers strong protections for proprietary inventions, obtaining a patent requires establishing that the invention is novel, non-obvious, and patent-eligible. It also requires disclosure of the invention itself in the patent application. And while patents last for twenty years, they do not last forever.  By contrast, trade secrecy provides another avenue to protecting a company’s IP that allows the inventions to be kept secret and potentially protected forever.

In the last few years, businesses, governments, and law enforcement agencies have increased their focus on trade secrets as an effective way of protecting a company’s “secret sauce.” This trend accelerated with the passage of the federal Defend Trade Secrets Act of 2016 (“DTSA”), and trade secret litigation has moved toward the forefront of intellectual property law. As described in recent press, such as Trade Secrets Litigation: The No-Longer-Forgotten Part of the Tech IP Arsenal (Corporate Counsel, Warren, Z., July 28, 2017), “[t]hese days, many of the big IP litigation battles involving companies like Facebook…, Uber … and Epic … have nothing to do with patents, trademarks or copyrights at all. Instead, it's all about the perhaps forgotten part of IP: trade secrets…With massive jury rewards and the DTSA encouraging federal litigation, trade secrets litigation is seeing a surge in the tech industry.” This reporting is consistent with reported industry data. According to a 2016 Report by Willamette Management Associates, the number of federal trade secret cases increased by 14 percent for each year from 2001 to 2012. According to a 2018 Lex Machina Report, this increased even more dramatically with the passage of the DTSA. 2016 saw 860 U.S. trade secret cases filed, but this rose to 1,134 cases filed in 2017. Through the first half of 2018, 581 trade secret cases had been filed, putting the number of trade secret cases filed in 2018 on pace to slightly exceed 2017."

Harry and Meghan have trademarked their brand 'Sussex Royal'; CNN, January 9, 2020

Tiff Gault and Lindsay Isaac, CNN; Harry and Meghan have trademarked their brand 'Sussex Royal'

"According to the government body's website, Prince Harry and Meghan applied for the trademark back in June. The copyright, which was approved by the office and published on its website on December 19, applies to both the name 'Sussex Royal' and to their charitable organization 'The Foundation of the Duke and Duchess of Sussex.'"

Intellectual property and Brexit: Guidance on trade marks, designs, patents right law, and exhaustion of IP rights after Brexit.; UK Intellectual Property Office, October 10, 2019

UK Intellectual Property Office;

Intellectual property and Brexit

Guidance on trade marks, designs, patents right law, and exhaustion of IP rights after Brexit.

European Commission steps up protection of European intellectual property in global markets; European Commission, January 8, 2020

Press Release, European Commission; European Commission steps up protection of European intellectual property in global markets

"The European Commission published today the latest report on protection and enforcement of Intellectual Property Rights (IPR) in third countries. While developments have taken place since the publication of the previous report, concerns persist and a number of areas for improvement and action remain to be addressed. Intellectual property rights infringements worldwide cost European firms billions of euros in lost revenue and put thousands of jobs at risk. Today's report identifies three groups of countries on which the EU will focus its action...

Industries that use intellectual property intensively accounted for some 84 million European jobs and 45% of the total EU GDP in the period 2014-2016. 82% of EU exports were generated by the industries intensively using intellectual property. In these sectors, the EU has a trade surplus of around 182 billion euros. Also, an estimated 121 billion euros or 6.8% of all imports into the EU, are counterfeit or pirated."