Tag Archives: Copyright

Happy World IP Day

A number of interesting announcements on World IP Day. The focus of the international focus on IP was on Powering change: Women in innovation and creativity. In Canada, the government announced a National IP Strategy having a number of components including $85.3 million over five years to help Canadian businesses, creators, entrepreneurs and innovators understand, protect and access IP. Announced for IP tools, was more efficient dispute resolution and tariff setting at the Federal Court (more judges) and Copyright Board through more funding, formation of a patent collective, improvements to IP used in standards-setting processes, and an IP-specific marketplace. Announced legislative changes include:

  • establishing minimum requirements for patent demand letters;
  • excluding settlement demands from the copyright Notice and Notice regime;
  • Requiring ‘use’ of a trademark to enforce it within the first three years;
  • affirming the patent research exemption;
  • clarifying the role of standard essential patents;
  • allowing continued use of IP by licensees in liquidation proceedings; and
  • creating a College of Patent and Trademark Agents to regulate agents.

In Europe, the UK announced today that it had ratified the Unified Patent Court (UPC) Agreement.

Continue reading Happy World IP Day

USSC

The United States Supreme Court has issued a couple of intellectual property decisions this week:

  • Star Athletica, L. L. C. v. Varsity Brands, Inc. where a majority found a feature incorporated into the design of a useful article is eligible for copyright protection only if the feature (1) can be perceived as a two- or three-dimensional work of art separate from the useful article, and (2) would qualify as a protectable pictorial, graphic, or sculptural work—either on its own or fixed in some other tangible medium of expression—if it were imagined separately from the useful article into which it is incorporated. The particular facts related to cheerleading uniforms.
  • SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC where a majority found that laches cannot be invoked as a defense against a claim for patent infringement damages brought within the 6-year limitations period.

US Decisions

Over the past week, there have been several interesting decisions relating to IP issued in the US. In Kirtsaeng v. John Wiley & Sons, the U.S. Supreme Court considered the rule for cost shifting in copyright litigation. In Cuozzo Speed Technologies, LLC v. Lee, the U.S. Supreme Court approved of the USPTO applying ‘broadest reasonable construction’ during IPR proceedings and that the initiation of an IPR was non-reviewable. Earlier today, in Immersion Corp. v. HTC Corp., the CAFC permitted continuation application to be filed on the same day as the grant date of the parent.