Court throws out ‘fair use’ defence over unauthorised photo

Judge rules work was not transformative nor for the purpose of fostering creative expression

Copyright, Licensing, US & Canada

UK’s ‘trailblazing’ orphan works scheme launched

Enables wider access to over 91m creative works whose authors are unknown

Copyright, Licensing, UK, Europe

Infographic: Patents and the car industry

A snapshot of what technologies the car manufacturers are filing patents in

Patent, Strategy, UK, US & Canada

IP guide for cultural festivals launched by WIPO

Practical manual offers organisers a ‘checklist’ to combat IP issues

Trademark, Copyright, Design, Licensing

Broadcasters win long-awaited injunction against Aereo

Judge rules rightsholders entitled to nationwide injunction but leaves Aereo’s DVR service for another time

Copyright, Licensing, US & Canada

Double trouble

The issue of double patenting has recently been considered by the UK courts. Rouse’s Arty Rajendra and Joanne Welch look at how the UK and European Patent Office (EPO) approaches this thorny issue.

Patent, Licensing, UK, Europe

Online Wild West for fakes can be regulated

Sideman & Bancroft’s Kelly McCarthy provides pointers for online monitoring when controlling counterfeits

Trademark, US & Canada, China

The price of a stay: prior art estoppel

Kenneth R Adamo, David W Higer, Eugene Goryunov and Ryan M Hubbard examine the prior art estoppel status of non-IPR petitioners in district court stay requests

Patent, Strategy, US & Canada

Are patent damages really what they seem?

Reviewing a PricewaterhouseCooper report, Quarles & Brady’s Christopher J Fahy examines various issues affecting the increase in the number of patent infringement case filings, as well as the decrease in the median damages award

Patent

Privileged position

How can lawyers protect their communications between a Japanese ‘bengoshi’ or ‘benrishi’ during US patent itigation? Robert H Sloss and Miku H Mehta offer some helpful steps to ensure attorney-client privilege is upheld

Patent, US & Canada, Middle East & Asia

The coming lame duck status of Form 18 for patent infringement suits

US courts can expect to see a substantially increased pleading standard for patent infringement cases starting in December 2015, Hogan Lovells’ Christian E Mammen explains

Patent, US & Canada

Falling foul of China’s trademark system

DLA Piper’s Edward Chatterton and Ian Jebbitt enlighten brand owners to the dangers of international applications

Trademark, China

Catwalk confusion

Ever since IP Translator, fashion IP has faced issues relating to specifications of goods and services. David Rose and Sophie Davies offer a guide to staying on trend…

Trademark, UK, Europe

Security blanket

A costly IP case can break a small- to medium-sized business and the UK is suffering from lack of litigation funding options, says David Bloom

Patent, Strategy, UK

Defeating the squatters with prior rights

Trademark squatting is still a risk for all companies entering the People’s Republic of China, but protection can be sought from prior rights under the Trademark Law of the PRC

Trademark, China

Mapping out brand development strategies

With Middle Eastern IP law still in its infancy, Rouse’s Chad Dowle and Shaun Cothill explain what to watch out for when launching a brand in the region

Trademark, Strategy, Middle East & Asia

The right to use a trademark

Whether a trademark can be considered a positive or negative right has implications for many subjects, like the drive toward plain packaging legislation for tobacco products

Trademark, Europe