Questions related to Intellectual Property Law
Do you think that the free access to information resources in countries that do not have deterrent laws may pose a risk to the intellectual property rights of the researchers themselves?
Why? And why not?
Do you think that the free access to information resources in countries that do not have deterrent laws may pose a risk to the intellectual property rights of the researchers themselves?Why? And why notDo you think that free access to information sources poses a threat to the intellectual property rights of researchers themselves?
Hello, I am wondering whether there is any legal regulation about the duration of the non-compete agreement between influencers and advertisers or not. It is well-known that It is not uncommon for an influencer to work with other companies. Some companies may offer the same or similar products or services. It is crucial for the parties to discuss the exclusivity. If the company requires the influencer to be exclusive, they may require a non-compete agreement. Definitely, this noncompetition should continue during the main agreement. Nonetheless, is there any legal regulation which can indicate that the duration of the noncompetition might be extended after the expiration of the main agreement?
Thanks in advance.
For instance, the 'Historical Archives' section of the 'Audio Visual Library of the International Law' website gives access to the negotiation documents related to various instruments of international law. It is impressive because the information has been systematically arranged as introductory note, procedural history, status, documents, photos etc.
Is there such a source of systematic information related to IPRrelated documents?
The plagiarism which we are checking with the help of Turnitin software counts the similarity of usual English words even helping verbs and proverbs. If the similarity of specific terminology is counted instead of the entire usual English Sentences?
How much time it takes to grant a patent in your country? Many countries take up to 10 years to grant a patent. This is half of the time (20 years) of exclusive right. It is really horrible. Also state your opinion.
Flutemetamol and Pittsburgh Compound B are used as Amyloid Binders used for Alzheimer's disease diagnosis.
Have you ever heard of any ideology that prohibit political parties and considers them as an undemocratic tools?
At the national library of Luxembourg we are concerned that sharing/giving access to our digitised collections with DH scholars is difficult, if not impossible, as they are to a large extend subject to copyright and would require require rights clearance.
How do address this issue? Are specific legal amendments required for Text and Data Mining for instance?
Regards, Patrick Peiffer
The long dispute between Hynix (producer of DRAM) and Rambus, patent owner and licensor of related IP rights seems to be over. However a lot of questions remained unanswered. It is already practice that such disputes end with a settlement. However there is also a public enforcement dimension to these cases. In Europe the cases brought before the CJEU (General Court) are based on antitrust law. In the U.S. the litigation started with a similar action initiated by the FTC, but most of the confrontation was related to IP law and the allegations brought by Rambus against Hynix. Rambus is a very successful patent litigant and they won even in this case. However, a little but important battle was a success for Hynix. They succeeded to obtain the reduction of the total amount of royalties to be paid with $250,000,000 with reference to Rambus' spoliation of evidence (JEDEC documentation).
In Europe the actions for annulment against the Commission decisions giving authority to the commitments undertaken by Rambus in 2009 were withdrawn on 5 July 2013.
eiml.webs.com/ (for more links and case references)
I want to engineer a biological host to produce a desire product and create a new innovative process. For example, I have to use an enzyme that previously claimed in US 8877461 B2. How can I avoid infringing to what is claimed? Can I isolate a cDNA sequence encoding the polypeptide from the original host with a high similarity (>%98) to SEQ ID NO:1 US 8877461 B2?
Can remember reading an article about this, but can't find why developing countries prefer WIPO over GATT in Intellectual Property law?
Are Indian Universities come under small entity to take benefit of reduced patent filing fees? If yes which document can be provided with form no 28 as a proof?
Another important aspect raised by the scholars is that Article 66.2 is not limited to the IPR-related mechanism for promoting technology transfer. Andrew Michaels viewed that “Article 66.2 does not mention IPRs specifically, so developed countries are not limited to IPR-related mechanisms for promoting ITT.
See Andrew Michaels, “International Technology Transfer and TRIPS Article 66.2: Can Global Administrative Law Help Least-Developed Countries Get What They Bargained For”, 41 Geo. J. Int’l L. 223. Georgetown Journal of International Law, 2009.
Currently there are some reforms underway to reduce the effect of counterfeit goods in transit on trade within the EU, however, the problem still remains and there seem to be disparities in enforcement measures.
Trademark documents present different "dates", filing date, registration date, priority date, first use in commerce, etc. Can someone explain at which type of "managerial" event each date might be related to? For instance, may filing date be related to product/marketing innovation?
Furthermore, I noticed that the date of first use in commerce sometimes come before the filing date. How is that possible?
Can you suggest any references (especially from USPTO) that can provide some clarification?
This right has been enshrined in Canadian Copyright Act since 1988. It has also been judicially enforced in France. Unfortunately, it still remains not applied in many cases. The main trouble, for the artists, is to deal with the owner of the support of the work.
CGI and IEF provide combined scores, but I really need them separately for patents, copyrights, trade secrets, and trademarks. 50+ countries would be great.
What is the limitation of having an uniform recognition of registration of patents among major jurisdictions ? It has been major problem among the inventors and companies around the world where they have to register their patents in almost every major jurisdictions in order to enjoy such protection for their inventions. My question here is whether what is the limitation for other major jurisdiction to recognise the registration of patent in a counterpart country.
An analysis of the effect of TRIPS on developing and least developed countries.
I am no expert in the legal issues here, but Monsanto, Dow, Sygenta, etc. have been copyrighting genes to food crops as I understand it. However, these crops that they are utilizing, corn for example, represent an intellectual property. These are not wild, unaltered species, but species that have been transformed through thousands of years of plant breeding by indigenous peoples. It seems to me that these genes then, again say of commercial corn, should actually belong to the indigenous peoples if anyone, and more likely should belong to a creative commons. After all, we are currently only adding our own little breeding piece to a process that has taken thousands of years to undertake. Thought?
Although created more than four decades ago, the so-called “three-step test" has grown in importance over the last years since it began to be used in response to the abuse of the copyright exceptions in the digital context. After being initially confined to exceptions to the reproduction right, its scope was later extended to other rights and limitations.
However, unlike other mechanisms for assessment and adequacy of rights in apparent conflict, the formula of the “three-step test” came without a prior legal reference which helps determine its shape clearly. Given this lack of substance and genealogy, the rule has come to be construed and used in a well diverse, even contradictory, way by the authorities who have made decisions regarding the legitimacy of certain exceptions in the digital context.
In recent discussions I have been repeatedly told that some research environments are 'unsafe' places to create innovative work. Has anyone got any experience of this?
It is my observation that Indian researchers generally go for publishing research paper instead of filing Patent application. Is it the lack of awareness or cost involved the real reason?
In 2013 the U.S. Supreme Court held that 1) a naturally occurring gene or a DNA segment is a product of nature, and thus not patent eligible merely because it has been isolated, but 2) synthetic complementary DNA ("cDNA") is patent eligible because it is not naturally occurring in AMP vs. Myriad Genetics.
Now there is a new wrinkle to the problem. Scientists may have discovered a second code hiding within DNA. This second code contains information that changes how scientists read the instructions contained in DNA and interpret mutations to make sense of health and disease. (Quoted from: http://www.sciencenewsline.com/articles/2013121222250032.html)
Is this discovery patentable?