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IPO Daily News™

Friday, 19 May 2017 12:18 pm

U.S. COPYRIGHT OFFICE REQUESTS COMMENTS ON PROPOSED RULE FOR COPYRIGHT RECORDATION

Yesterday the U.S. Copyright Office published a Federal Register notice requesting public comments on a proposed rule for recording transfers of copyright ownership, termination notices, and other copyright-related documents. The Office is seeking to modernize the current paper-based system by developing a fully electronic, online system for submitting and indexing these documents. The proposed amendments “are designed to update the Office’s current regulations to govern the submission of documents to the Office for recordation once the new electronic system is developed and launched.” Written comments are due 17 July. IPO’s Copyright Committee will be studying the notice.

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NEXT WEEK ON IPO’S IP CHAT CHANNEL: GLOBAL FRAND UPDATE – EUROPE

Tune in to the IP Chat Channel on Wednesday, 24 May, at 2:00p.m. ET to hear a balanced panel of experts give a Global FRAND Update – Europe. This webinar will consider the impact of recent important judicial decisions and institutional initiatives in Europe concerning SEPs. Recent years have demonstrated that traditional patent jurisprudence is ill-suited for disputes involving standard-essential patents (SEPs) and the promise to license them at rates that are fair, reasonable, and non-discriminatory (FRAND). Yet the technological future, including the Internet of Things and 5G mobile networks, can only be built using standards and patent licenses. Courts and governments worldwide are straining to adapt. Our panelists are Prof. JORGE CONTRERAS (University of Utah), JAMES HARLAN (InterDigital Corp.), and GIL OHANA (Cisco Systems). They will discuss:

Unwired Planet v. Huawei, the recent decision of the U.K. High Court that determined the value of a worldwide FRAND portfolio license to Unwired Planet’s patent portfolio and decreed that Huawei must license it at that rate or face an injunction;
• The outcome of numerous SEP cases that have followed Huawei v. ZTE, the 2015 ruling from the European court of Justice that spelled out conditions under which a SEP holder can ask for an injunction without infringing competition law;
• The April announcement by the European Union that it is preparing a “roadmap” to provide a framework for licensor and licensees of SEPs, and an early leak of its contents.

IP Chat Channel webinars are recorded and available on our website after the live webinars. CLE granted in many states.

IP IN THE MASS MEDIA

No Retrial for Aldi’s Trademark Infringement Suit Against Dunnes Regarding Shelf-Edge Labeling

Yesterday the Irish Times reported that there would be no retrial in the trademark infringement suit between Aldi and Dunnes regarding shelf-edge labeling. Last month a 2015 finding of trademark infringement was set aside because the labeling failed “to objectively compare one or more of the relevant and verifiable features” of Dunnes’ products with Aldi’s.

No Trademark for Nestlé’s Four-Fingered KitKat Shape

Yesterday BBC.com reported that Nestlé’s attempts to trademark the shape of its four-fingered KitKat chocolate bar have been refused by the Court of Appeal in London. The European Court of Justice previously said that the company had to demonstrate the public relied on the shape alone to identify the snack, which is difficult to prove if goods also show the KitKat brand name.