By John Wilks and Charles Harvey

UK IP legislation is changing.

First, the Enterprise and Regulatory Reform Act 2013 (which received Royal Assent on 25 April 2013), has just been published, and modifies UK copyright law (though not as drastically as some would have liked).

Secondly, the Government announced in the Queen’s Speech that it will be introducing an Intellectual Property Bill to make changes to the law of design and patents.


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By Radiance W. Harris

On April 10, 2013, Florida revised several provisions of its game promotion statute, which will likely change how for-profit brands and non-profit entities offer contests and sweepstakes within the State and to its residents. In particular, these revisions include:

• A game promotion can only be operated by a for-profit organization on a limited and occasional basis as an advertising or marketing tool in connection with and incidental to bona fide sales of consumer products or services, if no purchase is necessary to play; and

• Non-profit entities and charitable organizations cannot operate a game promotion.


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Repost from E-Commerce and Privacy Alert

By Scott W. Pink

On March 12, 2013, the Federal Trade Commission issued its long-awaited update to its 2000 guidance on disclosures in online marketing and advertising.

The guidance, entitled .com Disclosures: How to Make Effective Disclosures in Digital Advertising, not only reaffirms many of the FTC’s longstanding principles for effective online disclosures, but also provides guidance as to how those principles will be applied to new technologies that have emerged since 2000, such as mobile phones and tablets with more limited space, banner ads and multimedia messaging, and social media platforms such as Facebook and Twitter.

The FTC has broad powers under Section 5 of the FTC Act to protect consumers from “unfair and deceptive acts or practices.”i Under the FTC Act, the FTC has long required effective disclosures for claims that would otherwise be deceptive or misleading without them. .com Disclosures is designed to help businesses comply with the FTC Act by providing examples and direction on how to avoid unfair and deceptive practices through appropriate disclosures in their online and mobile marketing.


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By John Wilks and Catherine Beloff

The CJEU has handed down its decision on the copyright questions referred by the UK High Court in the long-running battle between ITV, Channel 4 and Channel 5 and TV Catchup (“TVC”). Copyright owners will be relieved that the CJEU has confirmed that streaming content via the internet constitutes the infringing act of communication to the public. 


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By David M. Kramer

The Trademark Clearinghouse, one of the key rights protection mechanisms included in ICANN’s new gTLD program, will be launching on March 26, 2013.  As the name implies, the Trademark Clearinghouse is a centralized database containing trademark data submitted by brand owners.  It is critical that brand owners submit this trademark data prior to the launch of new gTLDs, which may occur as early as April 23, 2013.


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By Erin Wright Lothson

The Digital Millennium Copyright Act (“DMCA”) was passed in 1998 and makes it illegal to circumvent digital rights management protections, including software. Given the rapid pace at which technology changes, Congress also granted the Librarian of Congress the power to issue exemptions to the DMCA every three years. The latest round of exemptions were issued on October 28, 2012.


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By Kathryn Purcell-Hennessy (Brisbane, Australia)

Introduction

Internet use in Australia is widespread, with the Australian Bureau of Statistics reporting that in 2010-11 (the latest figures available), more than 50% of Australians aged between 15 and 34 created online content and downloaded videos, movies or music. More than 68% of Australians in those age brackets listened to music or watched videos or movies online and over 75% used the Internet for social media and online gaming in the same period. The Internet hosts increasing volumes of user-generated content, and encourages use of copyright materials in emerging ways, which may infringe copyright.


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By Philip F. Zeidman and Tao Xu

Introduction

It is not difficult to understand why China is viewed by businesses around the world as an indispensable market. Its size alone is staggering (1.3 billion people). Its purchasing power is equally impressive (on a purchasing power parity basis, it is already the second largest economy in the world).

What attracts most prospective sellers of goods and services, of course, is China’s astonishing growth rate.  Even during the recession which has plagued the rest of the world China has continued its remarkable trajectory, with retail spending increasing steadily by 15 percent and more.

For franchisors, there are some aspects of China which make it especially attractive. The size of the middle class, while smaller as a percentage of the population than in some other countries, is a powerful magnet; within a generation it will be roughly 4 times the size of America’s, for example.

Another measurement by which China is almost uniquely attractive is its number of large cities. Since franchisors (or their multi-unit developers or master franchisees) seek out concentrations of population, so as to make it possible to reach their target markets in an economic and logistically feasible fashion, the number of cities in China with more than 1 million population is eye-popping: 94, compared to 9 in the United States.


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