Intellectual property law - United States

  • A fundamental critique of the law-and-economics analysis of intellectual property rights.
  • Indigenous peoples' rights at the intersection of human rights and intellectual property rights.
    ... this branch of law as a protection of property rights in diverse economically valuable sale ... on Trade-Related Aspects of Intellectual Property Rights (hereinafter, TRIPs) was created ...
    ... the boundaries with other areas of intellectual property by returning to a system that denied ...
    ... entry, which may extend beyond intellectual property-based monopoly-power (intended to foster ...
  • Can the PTO find its way with Jesus?
    ... journals primarily dealing with intellectual property and technology law, and is the sole ...
  • The Eleventh Annual Honorable Helen Wilson Nies Memorial Lecture in intellectual property; rethinking the role of clinical trial data in international intellectual property law: the case for a public goods approach.
  • Functional signs and decanters of wine: how trade dress protection unconstitutionally extends expired design patents.
    ... from the language and intent of the Intellectual Property ("IP") Clause, and there is substantial ...
    ... of Technology, Innovation and Intellectual Property Management, National Chengchi ...
Patenting Software in AI, VR, and 3D Printing
With rapid changes, pressure to innovate, and acceleration of implementation of advanced technology across all stages of the supply chain over the past year, there are important intellectual property (IP) considerations that companies need to make to protect their inventions. Leading edge tech like Augmented and Virtual Reality, machine learning and Artificial Intelligence, and 3D printing have become integral to business success yet continue to cause confusion around how the technology should be patented. Originally published by Industry Today - March 3, 2021. (See Article)
8 Mar 2021
Join the AIPLA Trade Secret Committee for a Trade Secret Master Class: How to Settle Trade Secret Disputes
Please join the Trade Secret Committee of the American Intellectual Property Law Association, which is chaired by Seyfarth partner Erik Weibust, for Part I of its Trade Secret Master Series: How to Settle Trade Secret Disputes with Jim Pooley. The event will be held virtually on March 9, 2021 from 12:30-1:30 p.m. Eastern. Trade secret... (See Article)
8 Mar 2021
related Medical Products
Companies holding intellectual property in medical products used in the fight against COVID-19 should be aware of formal efforts by a group of nearly 60 developing countries, led by India and South Africa, to obtain a waiver of international intellectual property protection for patents, industrial designs, copyright and undisclosed information, which they imply is needed “for unimpeded and timely access to affordable medical products including diagnostic kits, vaccines, medicines, personal protective equipment and ventilators for a rapid and effective response to the COVID-19 pandemic,” according to a proposal submitted to the World Trade Organization (WTO) in October 2020 and considered at t... (See Article)
8 Mar 2021
LG Chem’s Win In $1 Billion Electric Vehicle Trade Secret Dispute Upheld by International Trade Commission
Global competition in high-tech industries is as intense as ever, and U.S. administrative agencies continue to find themselves at the center of global disputes between foreign companies seeking to vindicate trade secret and intellectual property rights. That outlook was confirmed this month in a highly-anticipated ruling by the International Trade Commission (“ITC”) in a trade secret dispute between two South Korean manufacturers of electric vehicle batteries... (See Article)
4 Mar 2021
5 KEY TAKEAWAYS: Is Your AI Model Leaking Intellectual Property?
Recently, Sameer Vadera published an article on titled “Is Your AI Model Leaking Intellectual Property.” The article provides a primer on two common AI privacy attacks that an adversary could use to extract intellectual property, such as trade secrets, from an AI model simply by submitting queries to the AI model. Additionally, this article provides an overview of the Information Commissioner’s Office’s (ICO) recommendations for safeguarding that intellectual property. The ICO is the UK’s independent body, which is set up to uphold data rights. Please see full article below for more information. (See Article)
4 Mar 2021
Recent Developments in Competition Law and SEP Licensing in Europe and Their Effect on the Automotive Industry
The development of connected automobiles crystallizes the tensions between intellectual property law and competition law that have existed for years, particularly in the area of standard essential patents (SEPs). (See Article)
3 Mar 2021
Ian Ballon Participates in Virtual Roundtable: What You Need to Know About Cybersecurity
Ian C. Ballon, co-chair of Greenberg Traurig’s Global Intellectual Property & Technology Practice, participated in a virtual panel on Feb. 25 titled “What You Need to Know About Cybersecurity.” He discussed the growing threat of cyberattack and how businesses can prepare for and prevent security breaches. Click here to read a transcript of the panel,... (See Article)
2 Mar 2021
Starting a Business?: Trademark Considerations for Startups
You might be surprised to learn that many new companies fail to recognize the breadth of their intellectual property (IP) or to appreciate the significance of proper protection.  IP issues are among the most important (read: valuable) assets that any company will have. Yet, it is one of the last considerations for some companies, particularly startups. … (See Article)
2 Mar 2021
What Will Post Pandemic IP Enforcement Look Like?
As we are on the cusp of gaining some control over the pandemic and regaining a focus on the new normal, it seems to be an opportune time to think about what the post-pandemic world of IP enforcement will look like. While admittedly focusing only on the world of counterfeiters, this brief overview offers some food for thought into other aspects of intellectual property matters... (See Article)
2 Mar 2021
Important 2020 Patent Law Decisions from the Court of Appeals for the Federal Circuit
Whether you are pursuing patents on your new technology, thinking about bringing patent infringement litigation or defending patent infringement claims in court, knowing the important developments in patent law will help you formulate strategy and can spark a change in your procedures or decision-making process. Laura Smalley, partner with our Intellectual Property Law group, summarizes key judicial holdings in patent law from the Federal Circuit during 2020. Skinny Label Does Not Prevent Claim of Induced Infringement - Rehearing en banc granted February 9, 2021 - Carvedilol, marketed by GlaxoSmithKline with the brand name Coreg®, was initially approved by the FDA for the treatment of hype (See Article)
2 Mar 2021
House Attorneys Did Not Have An Attorney/Client Relationship To The Plaintiff And There Was No Informal Confidential Relationship
In Belliveau v. Barco, Inc., a licensor of intellectual property sued the owner of the licensee for breach of fiduciary duty related to the sublicensing to a third party. No. 19-50717, 2021 U.S. App. LEXIS 2489 (5th Cir. January 28, 2021). (See Article)
2 Mar 2021
Look for Voluntary Open Data Practices to Follow Other Open IP Trends
A foundation of intellectual property rights (IPR) is that authors and inventors are entitled to some level of exclusivity over their works in the form of copyrights and patents to incentivize innovation; that’s written into the Constitution. However, various voluntary open innovation practices have emerged, highlighting that developers also can benefit by choosing to widely... (See Article)
24 Feb 2021
Can You Protect an Idea?
Is it possible to legally protect an idea?  The answer is: not really. Intellectual property is intangible personal property.  There are four types of intellectual property that are protected by law:  patents, copyrights, trademarks, and trade secrets.  A separate set of laws governs each one.  Although ideas may be intangible personal property, ideas do not... (See Article)
9 Feb 2021
Webinar: IP Law Update: Understanding the Important Changes to Copyright and Trademark Law Contained in the December 2020 Stimulus Package
Join Josh Escovedo and Jessica Corpuz in this one-hour webinar about Intellectual Property Law and will specifically address The Consolidated Appropriations Act of 2021. Program Summary: The Consolidated Appropriations Act of 2021—arising from the December 2020 stimulus bill—made significant changes to intellectual property law, unbeknownst to many practitioners. This webinar will focus on the changes to copyright and trademark... (See Article)
9 Feb 2021
Federal Circuit Holds Trade Dress Applications Tangled Up by Utility Patent Filings
Trade dress often soars above the intellectual property landscape because it has the power to protect a distinctive product design for as long as the design is in use. It’s the icing on the cake that can provide an extra layer of protection for a company’s products. But where the design, taken as a whole,... (See Article)
4 Feb 2021
19 Related Marks Avoid Systemic Delays in Canadian Examination
The delays in Canadian trademark examination are becoming excruciating. The Trademarks Act and the Trademark Regulations provisions do not expressly provide for expedited examination of a Canadian trademark application. The long-standing practice of the Canadian Intellectual Property Office (“CIPO”) was to refuse requests for the expedited examination. Section 2.2 of the Trademark Examination Manual, the... (See Article)
4 Feb 2021
2020 IP Law Year in Review: Copyrights
Copyright jurisprudence in 2020 was, in many ways, a study in the scope of copyright protection. While certain courts brought century-year-old precedent to the forefront to interpret the scope of copyrights, other courts ruled overruled 40 years of precedent to even the playing field between popular works and works that are less known. In the wake of the US Court of Appeals for the Ninth Circuit’s pivotal copyright decision in the Led Zeppelin “Stairway to Heaven” lawsuit, several district courts, within and outside California, have relied on the en banc decision to resolve similar issues related to copyright infringement. The defining scope of the Zeppelin decision will have long-lasting effects within the music industry and beyond... Please see full Report below for more information. (See Article)
3 Feb 2021
New content
A resource has been added The Journal of World Intellectual Property (from the number 1-1, January 1998)
2 Feb 2021
New content
A source has been added Intellectual Property and Innovation Protection: New Practices and New Policy Issues by Rémi Lallement (Editorial Wiley, 2017)
2 Feb 2021
New content
A source has been added Intellectual Property: Valuation, Exploitation, and Infringement Damages by Russell L. Parr (Editorial Wiley, 2018)
2 Feb 2021
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