Category North America

Special Report: US Reverses Course On Patent Injunctions

The Federal Circuit is no stranger to controversy. And recently, the court stepped in it again. In an important ruling, the court made it far easier for some patent owners to obtain injunctions against infringers. The ruling could promote patent litigation in many industries, boost litigation costs, and effectively undermine a key Supreme Court decision limiting the availability of patent injunctions.

Infojustice.org: Google Books And Feist-y Fair Use

From infojustice.org: Judge Pierre Leval’s opinion [on 16 October] in the Google Books case offers another fascinating glimpse into the richness of his thinking about the concept of fair use. Although the outcome in Google Books (Google wins, duh) was obvious to anyone whose paycheck didn’t depend on their believing otherwise, the discussion that gets us there sheds light on a host of hot fair use topics in ways that courts and copyright wonks will be citing and unpacking for years to come.

IP-Watch/Yale FOIA Case Decided: USTR Can Keep TPP Texts Secret, But Maybe Not Communications With Industry Advisors

As government negotiators dig into perhaps the final round of the Trans-Pacific Partnership trade negotiations this week in Atlanta, they may take comfort in knowing that nothing they are doing has to be shared with the public they represent until years after it is over. That's because a federal district court in Manhattan decided this week, in a closely watched Freedom of Information Act case brought by Intellectual Property Watch, that draft texts of the trade deal can be kept secret. The court did, however, cast doubt on the government's reasons for also keeping its communications with industry lobbyists from the public eye.

US Court Adds Confusion To #Trademarks

Once, hashtags (like #cute_cat) merely identified topics on Twitter, Facebook, and other social media. No longer. A rapidly growing number of companies are using hashtags (like #HowDoYouKFC) as trademarks. There is one problem, however. A court in the US has recently ruled that hashtags can never receive trademark protection.

IANA Transition: Trapped Between Demands For Detail, Simplicity

Later this week (30 September) the original deadline for the so-called IANA transition runs out. But despite stern warnings from US Assistant Commerce Secretary Lawrence Strickling and former Clinton aide Ira Magaziner that further delays could put the planned change of oversight over the management core internet infrastructure assets at risk, tensions could not be laid to rest over the weekend. After a two-day weekend “dialogue” in Los Angeles between the ICANN Board and the group in charge of developing new accountability mechanisms, it became clear that final text cannot be expected before early next year.

Obama To UN: Real Measure Of A Nation’s Strength Is Its People’s Knowledge, Innovation

US President Obama told world leaders at the United Nations today that a nation that tries to repress its people is doomed to failure, and that the new measure of the strength of nations is the success of its people, including their knowledge and creativity. Access to information cannot be defeated due to technology and social media, and the desire of people to choose how they are governed, he said.

New Geneva Delegates For Canada, Panama

New delegates have arrived to Geneva just in time for the annual Assemblies of the World Intellectual Property Organization and the World Trade Organization trade ministerial. Geneva Delegates Zoraida Rodríguez, Deputy Permanent Representative to the World Intellectual Property Organization and…

Cuba And Your Global Trademark Strategy

After 54 years, the American flag has once again been raised over the American Embassy in Cuba. What does the newfound activity in Cuba mean for your brand? Is it time to protect your trademark in Cuba? The answer from most is a hearty “yes,” writes Pam Huff.

Health Advocates Press United States On WTO LDC IP Waiver

Several leading public health groups have sent a letter to United States Trade Representative and US Patent and Trademark Office director asking for more transparency on the US position on a request by least-developed countries to indefinitely extend their World Trade Organization intellectual property waiver on pharmaceutical products.