Posted in IP Law

Why China Is Still A Challenge for In-House IP Counsel

China and its endless debate on whether its protection afforded to IP law is sufficient or not.

Did you know that:

  • despite several bespoke courts set up for such disputes, damages are often very low ($50k as an example, even when disputing with big multinationals).
  • China holds several IP appeal venues, while a unified one would best suit the purpose.
  • the aggressive bogus trademark requests are faced by outnumbeed and poorly equipped staff.
  • one of the conditions to enter Chinese market is to have the IP managed and owned by a Chinese subsidiary

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Posted in IP Law

Nederland kritisch over voorstel EC om user-generated content te laten filteren door hostingproviders

The new copyright directive will require content hosters to automatically remove IP-breaching content (N.B. youtube does it already). Despite the initial claim that this automation would be too burdensome, all the US tech-titans manged to apply this check and have it coutnerbalance by objections of the content-owner.

TheNetherlads is currently opposing such a system, since the appeal process may take a long time, therefore voiding the content of the immediate importance that it may have on a given day.

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Posted in IP Law

INTELLECTUAL PROPERTY AND TECHNOLOGY NEWS

DLA Piper is among the 7 best law firms, when it comes to cybersecurity and they came out with this issue  whose highlight is “7 QUESTIONS TO ASK YOURSELF”.

Three trends stand out: companies are resorting to trade secrets more often, their breach/theft is on the rise (1-3% of US GDP each year) and legal enforcement is on the rise too, worldwide.

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Posted in IP Law

Heks’nkaas: an appetising copyright matter

A Dutch producer is trying to copyright the taste of its cheese. Is it even allowed? Lancome managed, some years ago, to have a scent copyrighted (thanks also to a weak defense of the opposant).

The matter is now forwarded to the ECJ, in particular regarding these questiosn:

  • can a taste be copyrighted?
  • what are the requirements for the applicabilit of copyright protection?
  • would such protection apply to taste fair-and-square or to the recipe by which these were produced?

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