Search Results for: Copyright


29

Sep 2017

Hangzhou Internet Court: On the Fly

By: Han-Mei Tso and Jude Yi Hangzhou, the capital of China’s Zhejiang Province, is indicating its potential and appeal for internet innovation by being the hottest city for thousands of internet companies to call home, including the most notable industry bellwether, Alibaba. Adding more buzz to this city’s internet atmosphere, a pioneer judicial innovation – the one and only Internet Court in China – has…

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15

Aug 2017

How to Handle Business Software Alliance Audit Demand Letters

By: Keelin Hargadon Businesses sometimes find themselves the recipients of a letter from the Business Software Alliance (BSA) demanding an audit and accounting of software installed on company computers.  The requested audit is meant to uncover unauthorized installations of copyrighted software with the intent of recovering damages on behalf of the BSA/copyright owner.  Unfortunately for the recipients, these audit demand letters start a process that…

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05

Jun 2017

U.S. Patent Rights End With The First Sale Anywhere

By: Peter Schechter From at least as early as the mid-19th century until the early 1990s, it was nearly uniformly understood that once a patented item was sold by or under the authority of the patentee, all patent rights as to the specific item sold were “exhausted.”  This exhaustion rule or “first sale doctrine” was a feature of English (and subsequently American) law since the…

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01

May 2017

China’s Supreme Court Published New Guiding Cases in IP – Part I: Liability of E-Commerce Platform in Patent Infringement

By: Han-Mei Tso and Jude Yi In March 2017, the Supreme People’s Court of China (the Supreme Court) published its 16th set of guiding cases, including 10 intellectual property (IP) cases. It is worth noting that since the first set of guiding cases published in 2012, there were only five IP guiding cases until March 2017. This time, the Supreme Court published 10 IP related cases…

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20

Jan 2017

Strategies Used By Chinese Trademark Squatters and How to Prevent Them

By: Keelin Hargadon International companies have long encountered problems navigating China’s trademark system due to lack of knowledge about China’s first to file system, trademark squatting, and lax enforcement in cases of trademark infringement.  Wresting a trademark from a bad actor is expensive, difficult and sometimes ultimately unsuccessful. Chinese administrative bodies and courts have historically been unwilling to consider bad faith as a factor in clear…

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29

Nov 2016

AWCPA Case Heading to the U.S. Supreme Court

By: Louis Bonham Over twenty five years ago, the U.S. Congress passed the Architectural Works Copyright Protection Act (the “AWCPA”), which extended copyright protection to building designs (“architectural works”).  The AWCPA was passed to bring U.S. law into compliance with its treaty obligations under the Berne Convention, which the United States joined in 1988.  (The Berne Convention requires member states to provide copyright protections for a…

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31

Oct 2016

China IPR Judgments and Decisions

By: Jude Yi and Jeffery P. Langer As China attaches more importance to Intellectual Property Rights (IPR) and IPR disputes continue to rise in frequency, the Chinese government hopes to enhance its judicial openness in the IPR respect.  In order to do so, in addition to the existing website China Judgments Online (http://wenshu.court.gov.cn/), the Supreme Court later added an IPR-focused website under its governance, China…

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28

Oct 2016

U.S. Supreme Court to Decide Whether Laches Applies in Patent Cases

By: David S. Forman A key principle of our U.S. legal system is that it is unfair to defendants for a plaintiff to launch a suit after too much time has passed, when evidence may be lost, memories have faded, and witnesses may have disappeared.  One mechanism to promote fairness is a statute of limitations, a rule that a defendant will not be held liable…

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29

Sep 2016

AIPPI 2016 World Congress takes place in Milan, Italy

By: Jonathan Osha, Peter Schechter, and Francesca Giovannini The AIPPI 2016 World Congress took place last week in Milan, Italy.  More than 2000 IP professionals from around the world were in attendance.  Osha Liang’s Jonathan Osha, Peter Schechter, and Francesca Giovannini provide this report on the event. The Congress commenced on Saturday with Study Committee Meetings on IP harmonization topics in Patents, Designs, Copyright, and Security…

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25

Jul 2016

Osha Liang Files Amicus Brief for Design Basics, LLC

By: Louis K. Bonham On July 15, 2016, Osha Liang Of Counsel, Louis K. Bonham, filed an amicus curiae brief in the United States Court of Appeals for the Eleventh Circuit.  This brief is in support of the appellant’s petition for rehearing en banc in Home Design Services, Inc. v. Turner Heritage Homes, Inc., et al., and was filed on behalf of Osha Liang client Design…

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25

Sep 2015

Osha Liang named one of the 6 IP Boutiques Punching Above Their Weight

6 IP Boutiques Punching Above Their Weight Law360, San Diego (September 25, 2015, 3:32 PM ET) — Between corporate spending cuts to intellectual property litigation and talent poaching by bigger firms, IP boutiques face a bruising legal market, but some specialty shops are getting ahead of the competition, landing big-name clients and notching wins in court and at the Patent Trial and Appeal Board. After…

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