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Re:Marks on Copyright and Trademark

AUSTRALIA: THE END OF THE PIRATE BAY AND VPNS IN AUSTRALIA? NEW CENSORSHIP LAWS PASSED TO BLOCK PIRACY WEBSITES

By Matthew Evans

The Australian Government has introduced new laws to block websites at an internet service provider (ISP) level if they have the primary purposes of infringing or facilitating the infringement of copyright. On June 22 the Copyright Amendment (Online Infringement) Bill 2015 was passed in parliament, amending the Copyright Act to introduce the new provisions.

 

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SPAIN: TV MARKET'S HEAT BEFORE THE SUMMER

By Gonzalo Santos

After some turmoil last year regarding the granting of television channel licenses (which resulted in the repeal of nine of them by a decision of the Spanish Supreme Court), the Spanish Government recently issued a new call for tender for six of these licenses. Three of the television channel licenses are for high definition digital television channels, whilst the other three are for standard definition digital television channels. Each applicant is allowed to opt for a maximum of two licenses, one of each type (high and standard definition).

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GENEVA, LISBON AND "THE EXTRAORDINARY ITALIAN TASTE": A JOURNEY INTO FOOD

By Sara Balice

What have in common the enchanting Lisbon, the international Geneva and our Bel Paese? Probably not much, except for being all part of our beloved Old Continent. But recently, these three places have been mentioned for some important news regarding the food industry.

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SUPREME COURT CORNER

By Stan Panikowski, Andrew N. Stein, and Brian Biggs

B&B Hardware, Inc. v. Hargis Industries, Inc.

TRADEMARK

Holding: A Trademark Trial and Appeal Board (TTAB) ruling refusing registration on likelihood of confusion grounds can have preclusive effect on a district court trademark infringement case when the elements of issue preclusion are met.

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EU CONSUMER RIGHTS DIRECTIVE IS IN EFFECT: 9 HIGHLIGHTS FOR DISTANCE SELLING

By Matt Duncombe

 

E-commerce is the fastest growing retail market in Europe. Compound annual growth is currently running at around 12 percent per annum, predicted to result in an online retail market worth €233.9 billion (approximately US$262 billion) in 2018. However, the majority of online trade has, to date, been within each state’s own borders. Consumers have generally been more cautious about ordering from states outside their own because of concerns over uncertain consumer protections: how can I be sure I get my goods; what is the delivery charge; what if I need to return? 

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INTERNET OF THINGS: EU v. US GUIDANCE

By Giulio Coraggio and Kate Lucente

In its February 2015 Report on the Internet of Things (IoT), the FTC estimated that there are now 25 billion connected devices worldwide. Another more conservative report by Gartner estimates there will be 2.9 billion connected devices in the consumer sector this year and 5 billion total, and that total will climb to 25 billion by 2020. Regardless of the accuracy of the numbers, clearly the growth of IoT presents unique challenges because of the sheer variety of “connected devices” – from sprinklers, to fitness trackers, to connected cars – and the data they may collect. It is therefore not surprising that regulators have released privacy and security guidance and frameworks for IoT.

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ARE IPRs IMPACTING THE PHARMACEUTICAL INDUSTRY?

By Dr. Erica Pascal

­The use of inter partes review (IPR) to challenge patents has grown significantly since its initiation in September 2012. In the first four months of IPRs, the USPTO received 97 petitions. In the parallel months of 2014, 578 new petitions were filed. Not surprising: as statistics go for invalidating patents, the IPR process scores high – so much so that the US Patent Trial and Appeal Board (PTAB) has had to defend itself from allegations that it is a “death squad” for patent rights.

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