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Documents on intellectual property
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|New Legislation Affects Tax Advantages Regarding Intellectual Property Transactions|
Juan Francisco Pardini; Pardini & Asociados;
February 5, 2016, previously published on October 2015Such rules shall not be applicable to natural or legal persons which income is exempted by reason of treaties, law-contracts or special laws
|Protection of Trademarks under Unfair Competition Provisions|
Yesim Tokgoz; Erdem Erdem Law Office;
February 5, 2016, previously published on January 8, 2016Competition is a constitutional right. However, to assert the deceptive and dishonest acts among people, competitors, clients and seller, as a right, and to protect these acts, is impossible. Unfortunately, at the present time, trademarks, which are the most important factors in competition, are...
|U.S. and EU Announce Deal on the EU-US Privacy Shield|
Sutherland Asbill Brennan LLP;
February 5, 2016, previously published on February 4, 2016The United States (U.S.) and the European Union (EU) announced on February 2 that they have reached an agreement on a new data-sharing arrangement tentatively named the “EU-U.S. Privacy Shield.” This new arrangement will replace the previous “Safe-Harbor” agreement that was...
|BC Court of Appeal Overturns Class Certification in Patents Case, Finding Patent Regime to be Complete Code in Respect of Remedies|
Michelle T. Maniago, Steve Warnett; Borden Ladner Gervais LLP;
February 4, 2016, previously published on January 25, 2016 In Low v. Pfizer Canada Inc., a unanimous division of the Court of Appeal for British Columbia restricted the ability of consumers to make claims based on alleged unlawful acts under the Patent Act, R.S.C. 1985, c. P-4, and associated regulations. In so doing, the Court of Appeal reversed the...
|PCI DSS - What It Is and Why It Is Relevant to Your Business|
Kristin Ward Cleare, Brian M. Murphy, Robert J. Pile, Mark Thibodeaux, Mary Jane Wilson-Bilik; Sutherland Asbill & Brennan LLP;
February 4, 2016, previously published on February 4, 2016The Payment Card Industry Data Security Standard—or PCI DSS—sets out the minimum data protection measures required of all entities involved in payment card processing. The Payment Card Industry Security Standards Council (the PCI Security Standards Council) maintains the PCI DSS as part...
|Westlake Services v. Credit Acceptance: PTAB’s Precedential Decision to Apply Estoppel on a Claim-by-Claim Basis|
Matthew Galica, William A. Meunier; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
February 3, 2016, previously published on January 25, 2016The Patent Trial and Appeal Board recently designated as precedential its decision in Westlake Services, LLC v. Credit Acceptance Corp., CBM2014-00176, Paper 28 (PTAB May 14, 2015) addressing the scope of estoppel under 35 U.S.C. § 325(e). As a result, the Westlake holding that § 325(e)...
|Year in Review: The Most Popular Blog Posts of 2015|
Christina Sperry; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
February 3, 2016, previously published on January 21, 2016As 2016 begins and IP strategies are being developed for the new year, it is a good time to reflect on what IP issues were prominent in 2015. According to the many readers of Global IP Matters, hot topics included navigating the waters of U.S. patent prosecution, analyzing Federal Circuit appeals...
|PTAB Designates Decision Concerning One-Year Statutory Bars As Precedential|
Nicholas W. Armington, William A. Meunier; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
February 3, 2016, previously published on January 21, 2016Last week, the PTAB designated two recent post-grant proceeding decisions as “precedential,” marking only the second and third time it has designated one of its opinions as binding on all PTAB judges. One of those decisions—the Decision Denying Institution of Inter Partes Review...
|Apple (Finally) Enjoins the Sale of (Obsolete) Samsung Phones|
Kristina R. Cary, Andrew H. DeVoogd, Daniel B. Weinger, James Wodarski; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
February 3, 2016, previously published on January 21, 2016In the latest development in the patent skirmishes between Apple and Samsung, on Monday, January 18, 2016, U.S. District Court Judge Lucy Koh of the Northern District of California entered a permanent injunction barring Samsung from selling certain smartphone models within the United States due to...
|ITC Finds Expenditures for Discontinued Products Satisfy the Domestic Industry Requirement|
Richard Fieman, Blaney Harper, Vishal V. Khatri; Jones Day;
February 2, 2016, previously published on January 2016In its January 6, 2016, Opinion in Certain Marine Sonar Imaging Devices, Including Downscan and Sidescan Devices, Products Containing Same, and Components Thereof, Inv. No. 337-TA-921 (public version), the International Trade Commission ("ITC") reversed-in-part Administrative Law Judge...