INNOVATE is the online magazine by and for AIPLA members from IP law students all the way through retired practitioners. Designed as an online publication, INNOVATE features magazine-like articles on a wide variety of topics in IP law.
In This Section
Russia Introduces GI Protection
Written by Slobodan Petošević on December 12, 2019The Russian law introducing geographical indications (GI), which passed its first reading in July 2018, was recently signed by the Russian President and officially published on July 26, 2019. It will enter into force one year after publication, on July 27, 2020, except for the provision regarding liability for illegal use of a GI symbol alongside an unregistered GI. This provision will come into effect on July 27, 2024.
Defining a Claim: How Design Patent Drawings Can Strengthen or Spoil Your Application
Written by Yitzchak Besser on December 12, 2019The right drawing in a design patent application refines the scope and definition of an applicant’s claim. Using an inadequate, indefinite, or unclear drawing can result in a loss during litigation over patent infringement.
Food Sculptures and the Art of it
Written by Dr. Mohan Dewan on December 12, 2019First impressions are most certainly lasting impressions. This proverb is applicable to a lot of things, but it has new-found importance in the food and hospitality industry. A dine-out evening at a restaurant not only involves food that is ‘healthy and tasty’, but also food that looks beautiful and is plated in some intriguing manner.
Cease and Desist Letters: Standing Against Trademark Infringers
Written by Heather Bowen on December 12, 2019A trademark protects a word, phrase, symbol, slogan, and/or device that identifies and distinguishes the source of the goods or services of one owner from the goods or services of others in the same industry. Trademarks are federally registered with the United States Patent and Trademark Office (USPTO) and are governed by the Lanham Act, 15 U.S.C. §§ 1051 et seq. Federal registration with the USPTO gives a trademark owner exclusive ownership of its trademark and the right to use the mark in commerce. Even where a trademark owner has not federally registered its mark or if the trademark registration has expired, a trademark owner may have common law rights in the trademark in the geographic area in which the mark is being used.
New Trademark Law Enters into Force in Turkmenistan
Written by Slobodan Petošević on December 12, 2019A new Law on Trademarks entered into force in Turkmenistan on June 19, 2019, introducing important changes and clarifying the trademark registration procedure.
Patenting Machine Learning Inventions for Companies Outside the Software Industry
Written by Gregory Rabin on October 4, 2019The use and development of artificial intelligence and machine learning technology is spreading from niche Silicon Valley software companies to almost all innovative businesses, including those outside the traditional software field. Stitch Fix CEO Katrina Lake recently said: “In 10 years, every ‘relevant’ company will be a tech company.” As such, a strategy for inventing and using machine learning technology, and for generating IP based on the inventions, is essential to non-software companies.
The International Trade Commission’s New Severance Rules: Secret Weapons or Double-Edged Swords?
Written by Hayley Ostrin on October 4, 2019The International Trade Commission (“ITC” or “Commission”) provides a forum for unfair import investigations (“Section 337”). Section 337 investigations allow entities with a domestic industry to obtain exclusionary relief against imported products that either infringe intellectual property rights or take advantage of unfair trade practices.
Protecting Trade Secrets in a Coworking Space
Written by Benjamin I. Fink on October 4, 2019Over the past decade, coworking space, like those operated by WeWork, Roam and Industrious, have grown exponentially. These novel office designs and collaborative work environments are being adopted by start-ups, freelancers and established companies alike. While coworking space offers numerous advantages, it also raises many legal questions. .
Brand Drug Owners Vindicated Against Generics Seeking to Launch Without Declaring Relevant Patents Under Patent Linkage Regime
Written by Denise Mirandah on October 4, 2019The Singapore Court of Appeal’s judgment in Millennium Pharmaceuticals, Inc v Drug Houses of Australia Pte Ltd  SGCA 31 heralds momentous change in the pharmaceutical sector for brand drug owners seeking to enforce patents against generic competitors. The Court reversed an interlocutory decision of the High Court that made it difficult for brand drug owners to bring patent infringement actions against generic companies seeking to launch without declaring relevant patents under Singapore’s patent linkage regime.
"Not as Straightforward as Before" - Patent Post-Grant Amendment in Singapore
Written by Gerald Koh on October 4, 2019In general, post-grant amendments may be used by a patentee to narrow the scope of protection, for example, in order to align a patent with corresponding patents in other jurisdictions. Typically, such post-grant amendments are sought prior to enforcing a patent or during infringement proceedings when objections to patentability are raised by opponents.
Legaltech Operations & The Necessity of Interoperability
Written by Ann McCrackin on October 4, 2019Growth in IP firms require efficiency, productivity, speed and accuracy in the operations of the firm, while battling continuous pressure from corporate clients demanding more for less every year. Technologies such as OCR, cloud, hybrid-cloud, machine learning, artificial intelligence and DevOps are driving plenty of innovation, speed and agility in our field.
Singapore: Request for an extension of time to file a notice of opposition against a Geographical Indication (“GI”) - Showing good and sufficient reason
Written by Gladys Mirandah and Denise Mirandah on October 4, 2019Consorzio Del Formaggio Parmigiano Reggiano (“the Applicant”) applied to register the geographical indication (“GI”) “Parmigiano Reggiano” (“the GI Application”). The GI Application was accepted and published for opposition purposes on May 10, 2019.
Introduction to Patent Drafting to both Protect and Promote Scientific Research
Written by Gene Vinokur on October 4, 2019One business objective of a research laboratory is to promote their inventions to its parent organization. Hence, patents, which are typically viewed as means for achieving the legal objective of protecting scientific research, also have another marketing objective of promoting the scientific research. In this article, we introduce some principles of drafting a patent application to achieve synergy in both protecting and promoting scientific research.
New Ministerial Regulations in Indonesia
Written by Denise Mirandah and Patrick Mirandah on October 4, 2019The Ministry of Law and Human Rights (“MOLHR”) ratified the MOLHR Regulation No. 38 of 2018 concerning Applications for Patents (“Regulations”) on 28 December 2018.
Bill Introduces Two New Actions in Chilean Trademark and Patent Law
Written by Francesca Rodriguez Spinelli on October 4, 2019In July 2018, the National Institute of Industrial Property (INAPI) proposed a bill to partially amend the Chilean Industrial Property Law (No. 19.039) by including new provisions that would pave the path for the self-execution of several international treaties to which Chile must adhere, as part of the future implementation of the so-called TPP-11 (Comprehensive and Progressive Agreement for Trans-Pacific Partnership, CPTPP) and the ongoing renegotiation of the Free Trade Agreement signed with the European Union in 2003.
Global Protection For Cannabis Trademarks: Real Or Smoke And Mirrors?
Written by Clark W. Lackert on July 22, 2019With the meteoric growth of the cannabis (hemp and marijuana) businesses, much has been written about the divergent treatment of trademarks for these products, as well as parallel routes of protection, in the United States. However, hemp products incorporating cannabidiol (CBD), which is not psychoactive, are gaining wider acceptance more quickly than marijuana products incorporating tetrahydrocannabinol (THC), which is psychoactive.
Taking On Amazon: Unauthorized Dealers of "Genuine" Products
Written by Robert W. Payne on July 22, 2019The online retail marketplace bedevils major brand owners. It provides a vast, new market channel; it destroys brand owners’ exclusive channels. Amazon.com is not only a major force in the former but also the prime mover in the second. Take, for example, Versace’s “Bright Crystal” eau d’toilette. As shown in the accompanying pictures, multiple sellers are linked to the product page on Amazon, offering the same, new product, often at reduced prices which may compromise Versace’s authorized dealer network’s profitability and stability.
AIA Supplemental Examination Nuts & Bolts: Get it in your toolbox and don’t leave home without it!
Written by Adriana L. Burgy; Amanda K. Murphy, Ph.D.; Sneha Nyshadham, Stacy Lewis, Edited by Thomas L. Irving on July 22, 2019Effective September 16, 2012, the America Invents Act allows a patent owner to request Supplemental Examination of a patent by the U.S. Patent and Trademark Office (“USPTO”). Supplemental Examination (“SE”) gives patent owners a proactive tool to have the USPTO consider, reconsider, or correct information that the patent owner believes is relevant to the patent. 35 U.S.C. § 257(a). Such information may include issues raised in inequitable conduct or unclean hands challenges against the patent during litigation.
Controlling Costs of a Patent Portfolio: The Little Things Do Matter
Written by Peter Gordon on July 22, 2019In this article we will discuss the importance of managing patent-related costs and will provide recommendations on how to improve cost efficiency and provide some tips for "clean" cost management.
From Black & White to Technicolor to RGB/CMYK: Should the USPTO Implement RGB/CMYK Color Codes in the USPTO Application Process?
Written by Damian B. Hunt on July 22, 2019Any intellectual property attorney that deals with the United States Patent and Trademark Office (USPTO) will tell you that while they have modernized in many ways, they are partially operating out of the 1950’s. Employee’s aren’t going around in leather jackets and drinking phosphates but turn a corner and you will see a “black and white” world.
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