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THE NON-REVIEWABILITY PROVISION AND ITS IMPLICATIONS

THE NON-REVIEWABILITY PROVISION AND ITS IMPLICATIONS

The America Invents Act (“AIA”) stipulates that the USPTO’s decision regarding the institution of a post-grant trial proceeding shall be final and non-appealable. This seemingly straightforward pragmatic law aims to delegate authority to the USPTO over matters that it possesses expertise on and is arguably uniquely situated to determine. However, the issues are more complex than meets […]

Communique by the President of AIPPI regarding World IP Day 2016

Communique by the President of AIPPI regarding World IP Day 2016

On April 21, 2016 the President of AIPPI (International Association for the Protection of Intellectual Property) released a communique regarding World IP Day, which this year is with theme “Digital Creativity: Culture Reimagined”.  Dear AIPPI Friends, On Tuesday, April 26, 2016, I encourage each of you to join with others to mark World IP Day – a day to celebrate […]

HOW CONGRESS MADE THE USPTO INFALLIBLE AND HOW THAT AGENCY SEIZED EVEN MORE POWER BY ITS "RULE MAKING AUTHORITY"

HOW CONGRESS MADE THE USPTO INFALLIBLE AND HOW THAT AGENCY SEIZED EVEN MORE POWER BY ITS “RULE MAKING AUTHORITY”

The Supreme Court of the United States is set to hear oral argument in Cuozzo Speed Technologies, LLC v. Lee on April 25, 2016. The landmark case is the first opportunity The Supreme Court will have to weigh in on the constitutionality of the non-appealable provisions of the America Invents Act and the USPTO’s use of the “Broadest Reasonable […]

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OHIM changes its name to EUIPO

The new EU trade mark Regulation enters into force on March 23rd. As a result, the Office for Harmonization in the Internal Market (OHIM) will change its name to the European Intellectual Property Office (EUIPO). The amending Regulation also revises the fees payable to the Office, including an overall reduction in their amounts, particularly in […]

FROSTING DESIGNS CAN BE TRADEMARKS FOR CAKES. HAPPY VALENTINE'S DAY!

FROSTING DESIGNS CAN BE TRADEMARKS FOR CAKES. HAPPY VALENTINE’S DAY!

About a year ago, I reported on the U.S. trademark registration (No.4643246) of a frosting “swirl” design (SWIRL DESIGN) for a cupcake made by the Magnolia Bakery in New York (see a picture of the SWIRL DESIGN (below left) and a photograph of a cupcake with the SWIRL DESIGN (below right). In addition to the […]

IP Risk Management 101

IP Risk Management 101

Q/ What is the connection between IP and risk? Risk is the chance of something going wrong, and the danger that damage or loss will occur. By its very nature, there are both rewards and risks associated with IP. For anyone involved in IP, then IP related risks are part of working life. However many […]

PDX Program Between Taiwan and Korea Commences on January 01, 2016

PDX Program Between Taiwan and Korea Commences on January 01, 2016

Taiwan IP Office (TIPO) and Korea IP office (KIPO) make great strides towards patent examination by signing the MOU of the PDX (electronic exchange of priority documents) program. The PDX program is applied to invention and utility model patent applications first filed with TIPO and KIPO only but not applied to design or trademark applications […]

IP Risk Assessment - Top Down vs Bottom Up

IP Risk Assessment – Top Down vs Bottom Up

IP risk: By its very nature, there are both rewards and risks associated with intellectual property (IP). Given the growing importance of IP across most industry sectors, many organizations are facing a diverse range of IP related risks. Of course, not all IP risks are the same and they may be broken down into a […]

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World Intellectual Property Indicators 2015 – Highlights

WIPO Director General Francis Gurry on the highlights of the World Intellectual Property Indicators 2015 report.

Think about trade secrets when planning for 2016

Think about trade secrets when planning for 2016

Trade secrets: A trade secret is a formula, practice, process, design, instrument, pattern, commercial method, or compilation of information which is not generally known or reasonably ascertainable by others, and by which a business can obtain an economic advantage over competitors or customers. The scope of trade secrets is virtually unlimited. A trade secret is […]

IP Risk Management - Case III, Law Firm specializing in M&A

IP Risk Management – Case III, Law Firm specializing in M&A

The Law Firm in this particular case study is a reputable boutique Law Firm specializing in the area of small and mid-market M&A deals as well as PE deals. It is headquartered in London but has offices in a number of other key jurisdictions. It has clients across a diverse range of industry sectors including […]

TRADEMARKS AND 3D PRINTING

TRADEMARKS AND 3D PRINTING

The first impression of 3D printing is the amazing technology and fantastical applications (from printing body parts using a patient’s own cells to printing toys). From an intellectual property perspective, the first thought might be to protect the technology by patent. But what about protection through trademarks? Background “Imagine a future in which a device […]

IP Risk Management - Case II, IP Firm

IP Risk Management – Case II, IP Firm

The IP Firm in this particular case study is an established and reputable IP Firm with offices in a large number of key jurisdictions, employing a few thousand attorneys and with clients across a diverse range of industry sectors. This IP Firm has received a number of awards and accolades over the years. The IP […]

IP Risk Management - Case I, Corporate

IP Risk Management – Case I, Corporate

The first case study looks at a hi tech enterprise taking the Alder IP Risk Management tool into use, the rationale for this company taking the tool into use, how they went about taking the tool into use, and the benefits it brought. The company in this particular case study is a medium sized enterprise […]

“Baby Boss & device” V.S. ”Boss”, “Hugo Boss” and “Boss Hugo Boss”

“Baby Boss & device” V.S. ”Boss”, “Hugo Boss” and “Boss Hugo Boss”

Fact Based on the Article 23 I (12) and 23 I (14) of the former Trademark Act in effect at the time of the trademark at issue being approved to registration, the HUGO BOSS Trade Mark Management GmbH & Co. KG (hereinafter “the Appellant”) filed an invalidation application against Babyboss City Limited’s (hereinafter “the Appellee”) […]