Showing posts with label IP. Show all posts
Showing posts with label IP. Show all posts
By Nathaniel DeLucia

The World Intellectual Property Organization (WIPO) held a seminar, where it invited member states to discuss their views on traditional knowledge and genetic resources.  Traditional knowledge, sometimes referred to as folklore, refers to the collective body of stories and knowledge held by indigenous/tribal groups which is rarely protected under modern patent or copyright regimes.  Genetic resources refer to genetic material that has actual or potential value, such as plant or animal material which has value as a medicine.  Similar to traditional knowledge, current patent regimes fail to provide protection to the locals who grow, and sometimes arguably own, the genetic resources.

The seminar was held in a series of round table discussions, which discussed the various member states differing views toward the public domain (information to which every member of the public should have free access) and how their differing views affected the scope of protection they felt was appropriate for traditional knowledge and genetic resources.

To see an in depth look at the discussions, check out the coverage at IP-Watch.
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May 11, 2015
By Nathaniel DeLucia

A recent seminar, which included both technical and legal experts as attendees, hopes to prompt China into adopting laws designed to protect trade secrets.  Although there has been discussion in China for over twenty years, the legislature has never passed any substantial trade secret legislation.  Currently, China has no law protecting trade secrets, leaving a substantial amount of intellectual property rights exposed.

China’s lack of trade secret protection has huge implications for international businesses, who conduct a significant amount of their business within China’s jurisdiction.  Should any of their trade secrets become known in China, those companies would have a very hard time protecting that information.

Full the full story, check out Bloomberg’s article, located here.
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April 08, 2015
By Nathaniel DeLucia

The World Intellectual Property Organization (WIPO) is a major UN agency which focuses on international IP law.  However, after the implementation of the TRIPS (trade related aspects of intellectual property rights) more than twenty years ago, which made the World Trade Organization (WTO) the main international IP body, many have questioned WIPO’s future.  Today, WIPO’s main function, and its main source of income, is to help handle PCT applications.  PCT applications consist of standardized forms, and are the main means through which patent seekers file international applications in multiple foreign countries.

The organization has experienced several scandals over the past few years, however, and this recent meeting is looking at ways to improve the management and leadership at WIPO in order to both reduce future mistakes and increase the organizations role in the international community.

For the complete story, see IP-Watch’s article, located here.
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April 07, 2015
By Nathaniel DeLucia

At the annual General Assembly of the World Intellectual Property Organization (WIPO), world IP leaders met to discuss a proposed amendment to the Lisbon Agreement.  The Lisbon Agreement authorized the WIPO to grant protection to member countries for appellations of origin (AO), as a form of intellectual property.  The proposed amendment would expand protections to include geographical indications (GIs) and allow international organizations to join the Lisbon Agreement. 

For complete coverage of the controversy, see Intellectual Property Watch’s article, located here.
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October 07, 2014
By Min Wu

ZeptoLab, creator of mobile game Cut the Rope, filed a claim at the U.K. Intellectual Property Office to cancel the European registration of the trademark “candy” by King.com, developer of popular game Candy Crush Saga, according to CNet Australia. 

In the game Cut the Rope, players cut a rope to feed a small monster candy. The trademark registration, if held valid, would establish King.com’s exclusive right to use the word “candy” in the titles of video games. 

King.com has withdrawn its “candy” trademark application in the United States under intense criticism. However, it still holds a registered trademark of “candy” in the European Union, which was used as a precedent to file the U.S. application.
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April 10, 2014
By Min Wu

European Union in February approved plans to set up the first patent court, paving the way for a unified patent system and reducing the costs for patent applications. As Bloomberg Law reported, Google, Microsoft and at least 12 other companies sent a letter to EU institutions expressing concerns about the draft rules that will guide the operation of the new patent court.

The companies appreciated EU’s effort to establish a unified patent system, but warned that the draft rule might create significant opportunities for abuse. Among their concerns is that the rule is not clear enough on when or how a patent’s validity will be determined.

 Read more at Bloomberg Law.
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October 03, 2013
By Min Wu

Foreign companies often fail to register the Chinese translations of their international trademarks in China, and competitors often piggy-back on their reputation by registering and using the translated Chinese trademarks. Chinese courts are traditionally reluctant to hold that the Chinese translations are “similar” to the registered trademarks in foreign languages, and the international trademarks holders cannot succeed in a trademark infringement proceeding.

As reported by mondaq.com, a recent Leroy-Somer case might give hope to the protection of the Chinese translations of international trademarks. In that case, the Superior People’s Court in Fujian Province confirmed the similarity between “LEROY-SOMER” and its Chinese translation “利莱森玛.” Selecting the Leroy-Somer case as a model case for intellectual property protection, the Supreme People’s Court noted that “the famous nature of the foreign language trademarks, the Plaintiff’s prior use of the Chinese translation version, and public recognition of the corresponding relationship between the foreign language trademarks and its Chinese language translation” are factors that favors a finding of similarity.

Read more at mondaq.com.
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October 01, 2013
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