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Major amendments to Anti-Unfair Competition Law【Reprinted 】
e小方  • 
On April 23, 2019, the Decision of the Standing Committee of the National People's Congress on Amending Eight Laws Including the Construction Law of the People's Republic of China was adopted at the 10th Meeting of the 13th Standing Committee of the ...
Trademark
Major amendments to the Trademark Law【Reprinted】
e小方  • 
On April 23, 2019, the Decision on Amending the Trademark Law of the People's Republic of China was adopted at the 10th Meeting of the Standing Committee of the 13th National People's Congress.

Internet is battlefield for intellectual property

The internet is the main battlefield for copyright protection in China because of the large number of users, rich application of works and rapid growth of the digital economy, a senior official from the country's copyright authority said on Tuesday.[link]

Music Copyright Society of China v. Wuhan Douyu Network Technology Co., Ltd. Case of Dispute over Right to Disseminate Music Work on the Internet

Driven by user demand and technological innovation, Internet content platforms with abundant forms of communication and creative industries such as short video and stream have developed rapidly, which leads to a sharp growth of intellectual property disputes and increased difficulty in legal protection. [link]

IPR protection to boost competitiveness

China's heightened protection of intellectual property rights is part of its efforts to help businesses shore up their competitiveness and boost spending on research and development, rather than a result of pressure from other countries, industry experts and lawyers said.[link]

Music website Genius sues Google and LyricFind over alleged lyric copyright infringement

Popular music website Genius is suing Google and its partner LyricFind for copyright infringement. The website stated that Google copied music lyrics from Genius without proper permission and is now demanding $50 million in restitution.[link]

What Monster Is Attempting to Trademark ‘Breakfast Burrito’?

“I used to say that my dad invented the breakfast burrito,” Nick Maryol, owner of Tia Sophia’s restaurant in Santa Fe, told the Santa Fe New Mexican, “but he didn’t. You know, New Mexicans have been putting bacon and eggs and potatoes and cheese into tortillas and eating it forever: He was just the first to call it a breakfast burrito and put it on a menu in the ’70s.”[link]

Charlotte Flair*Andrade File Trademarks For New Ring Names

There’s been a lot of talk lately of wrestlers filing trademarks. Cody has been trying to trademark every Dusty Rhodes creation that he can for quite some time. Luke Harper has recently filed a trademark for his old indy name, Brodie Lee, further making clear his intent to leave the WWE and work elsewhere. [link]

No Justice for Small Company Innovators: Make Your Voice Heard on the America Invents Act, IPRs, and the CAFC’s Rule 36

My company, Chestnut Hill Sound Inc. (ChillSound), has been victimized by a U.S. patent system that for nearly a decade has been in a sorry state. Changes wrought by the America Invents Act (AIA) in 2011 and other recent developments cost my company, its investors and inventors millions of dollars. [link]

Congress Includes an Ugly Sweater in the STRONGER Patents Act

It is not unusual for there to be unintended consequences in the law or life. A loved one gives you something you don’t really like, but you do such a good job of feigning happiness that it becomes a regular gift. [link]

RPX Corporation is Seeking to Hire a Senior Patent Engineer

RPX Corporation is seeking to hire a Senior Patent Engineer to join their Patent Analysis Department.  The position is a full-time, permanent position, located in San Francisco CA. [link]

One Inventor’s Unsolicited Congressional Testimony Following Arthrex

Since inventors are rarely allowed to participate in patent discussions in Congress, I would like to submit my testimony here.Section 8, Clause 8 of the U.S. Constitution established a right. This right protects the fruits of intellectual labor in a similar way that property rights protect the fruits of physical labor.[link]

Top Tips for Maintaining Adequate Quality Control Over Trademark Licensees

In order for rights in a trademark to persist, the mark must be used in commerce continuously. Wallack v. Idexx Labs., Inc., No. 11CV2996-GPC(KSC), 2015 WL 5943844, at *4 (S.D. Cal. Oct. 13, 2015). Abandonment of a mark is, therefore, an affirmative defense to a trademark infringement claim. [link]

This Week in Washington IP: Fraudulent Trademarks, Facial Recognition Technology and Implementing MOBILE NOW for 5G Wireless Spectrum

This week in Washington, D.C., the Senate Subcommittee on Intellectual Property holds a hearing to look at ways to reduce the number of fraudulent trademark application filings that have been making their way to the U.S. Patent and Trademark Office. [link]

New IPR guidelines helpful for foreigners, experts say

"The Guideline on Strengthening Intellectual Property Rights Protection", jointly issued by the general offices of the Communist Party of China Central Committee and the State Council, backs up a call for stronger IP protection with harsher punishments for infringements.[link]

How to Prepare and Prosecute Patents in Light of the USPTO’s Post-Alice Focus on Eligibility

Since the issuance by the United States Supreme Court of its opinion in Alice Corporation Pty Ltd. v. CLS Bank International, 573 U.S. 208, 134 S. Ct. 2347 (2014), the United States Patent and Trademark Office (USPTO) has increased its focus on patent eligibility. [link]

The Top Five Most Memorable Insurance Company Brand Personalities

As a branding and marketing professional, I really enjoy seeing how advertising has evolved over the years. Gone are the days of boring, ho-hum advertising campaigns. With modern technology such as DVRs, consumers no longer have to sit through commercials, if they don’t want to.  [link]

Federal Circuit Affirms District Court’s Summary Judgment of NonInfringement Under the Doctrine of Equivalents

On November 22, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed a decision of the District of Nevada granting summary judgment of noninfringement under the doctrine of equivalents.[link]

Aust mum digs in over Jay-Z copyright suit

An Australian mother says she'll fight US rapper Jay-Z's copyright lawsuit because she thinks she should be able to use the Grammy-winner's name and lyrics to sell children's books.Jessica Chiha and her business The Little Homie are being sued in the Federal Court by the US billionaire, legally named Shawn Carter, who accuses them of of knowingly infringing on his trademarks and misleading conduct.[link]

Blockchain offers new path for IPR protection

Chinese internet writer Chen Hongyan has formed a new habit in her creative process - regularly uploading her literary works onto a blockchain-based database.After uploading a piece of writing, Chen, known among her readers by her pseudonym Lingchen, will automatically receive a string of data as the electronic ID for her work.[link]

China Rolls Out Measures to Further Strengthen Protection of Well-Known Trademarks

Recently, China National Intellectual Property Administration (CNIPA) issued the Notice on Strengthening the Relevant Work on the Protection of Well-Known Trademarks while Handling Trademark Violations. The Notice proposed that efforts should be made to thoroughly implement the decision-making arrangements of the Party Central Committee and the State Council on rigid IP protection, to give full play to the important role of well-known trademark protection in accelerating the construction of IP powerhouse and creating a sound business environment and clarified the specific requirements for further strengthening the investigation and protection of well-known trademarks in trademark violation cases.[link]

This Thanksgiving: What Is the IP Community Thankful For?

This year has included many twists and turns for IP stakeholders, particularly on the patent side. Most recently, the Federal Circuit’s decision in Arthrex has called into question the constitutionality of Patent Trial and Appeal Board decisions, and perhaps the Board itself. [link]
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