General Global Week in Review 19 September 2011 from IP Think Tank

Here is Think IP Strategy’s weekly selection of top intellectual property news breaking in the blogosphere and internet.


Highlights this week included:

Copyright protection for music recording extended from 50 to 70 years (IPR Helpdesk) (1709 Blog) (1709 Blog) (IPKat) ( (IP Watch) (Spicy IP) (ArsTechnica)

US: New patent regime signed into law (Patently-O) (IP Watch) (Maier & Maier)


Please join the discussion by adding your comments on any of these stories, and please do let us know if you think we’ve missed something important, or if there is a source you think should be monitored.



Global – General

IP Philosophy for corporate, IP Strategy for Business Units (IP Think Tank)

Develop IP that no one wants (no. 33 in our list of IP mistakes) (IP Think Tank)

At WTO, US takes a jab at India’s IP trade policy (IP Watch)

KEI notes from 8th round of Trans-Pacific Partnership Agreement (TPPA) negotiations (KEI)


Global – Trade Marks / Brands

Borders trademarks and related rights sold for over $15 million (IAM)


Global – Patents

Featured resource – Patentscope (Article One Partners)


Global – Copyright

Was the TPP Stakeholder’s Forum just lip-service? (Public Knowledge)



FCA: How wide should an injunction be? QS Holdings Sarl v Paul’s Retail Pty Ltd (No 2) (ipwars)



ACCC’s request for reconsideration of Board’s ruling re opt-outs denied (Excess Copyright)

FCA upholds patent infringement and validity: Phostech v. Valence (IP Osgoode)

FC: High award for “Queen Of Tarts” on default judgment in trade-mark infringement case: Pick v 1180475 Alberta Ltd et al (IP Osgoode)



What R&D is being done and where in China: An inventorisation of science parks (IP Dragon)

Comparison table of proposed amendments to trademark law vs. current trademark law of the People’s Republic of China (China Law Blog)

What is proven, the use of trademark or trade name? (China Law Insight)

Tort law provides supplementary protection to IP rights (China Law Insight)

Protecting Hollywood films in China makes sense for China (China Law Blog)


Democratic Republic of the Congo

A to Z of African official IP websites: no. 13: Democratic Republic of the Congo (DRC) (Afro-IP)



Copyright protection for music recording extended from 50 to 70 years (IPR Helpdesk) (1709 Blog) (1709 Blog) (IPKat) ( (IP Watch) (Spicy IP)

IFRRO comments on proposed EU directive on orphan works, calls for collective management (IP Watch)

MARQUES conference in Baveno – Part 1 to 10 (Class 46) (Class 46) (Class 46) (Class 46) (Class 46) (Class 46) (Class 46) (Class 46) (Class 46) (Class 46)

General Court upholds finding of likelihood of confusion between OMNICARE CLINICAL RESEARCH and earlier figurative German trademark OMNICARE: T-289/09 (Class 46)



Anti-patent Pirate Party bounces back in style in German election (IAM)



Kolkata HC: Geographical Indication vs. Trademark: Tea Board, India vs. I.T.C. Limited (IIPRD Blog)

Delhi HC’s ruling on the ‘guiding principle’ of public domain & fair use: Syndicate of the Press of the University of Cambridge v. B.D. Bhandari & Ors. (Spicy IP)



Indonesia Toyota trademark win (IP Komodo)



Supreme Court: Contributory copyright infringement can be passive: Shocken House Book Publishers vs. The Hebrew University, The Israel Labour Party and Yaakov Cohen (IP Factor)



Some thoughts on taking advice (IP tango)



Trademark counterfeiting in the luxury sector (IP Komodo)


Republic of the Congo

A to Z of African official IP websites: no. 14: Republic of the Congo (Afro-IP)



Rwanda joins ARIPO (Afro-IP)



VOGUE famous in Serbia, IP Office rules (Class 46)


South Africa

Stellenbosch IP Conference: Part 3 and 4 (Afro-IP) (Afro-IP)

South Africa Conference on IP and Innovation (IP Watch)



Federal Administrative Court: JumboLine not distinctive for windows (Class 46)


United States

US Patent Reform

Re-inventing the US patent system (Director’s Forum)

New patent regime signed into law (Patently-O) (IP Watch) (Maier & Maier)

America Invents Act to be enacted September 16th (Patents Post-Grant) (Inventive Step)

Patent Reform becomes law of the land (ITC 337 Update) (IP Whiteboard) (Patent Law Practice Center) (Article One Partners) (ArsTechnica)

USPTO website posts information, seeks comments on implementation of patent reform law (IP Spotlight)

America Invents Act: Overview of the post grant review system (Maier & Maier)

America Invents: How the new law impacts your patent practice (Patent Law Practice Center)

The America Invents Act – the major changes from a non-US perspective (IAM)

What Patent Reform means for retailers: 4 key provisions of the America Invent Act (Patent Law Practice Center)

What companies should worry about from changes produced by HR 1249 (IPBiz)

The Court’s future role in the International Harmonization of Patent Laws (Patently-O)

Defining Prior Art under the Leahy-Smith AIA (Patently-O)

To promote progress in science and job creation (Patently-O)

The America Invents Act: a three-page guide and detailed presentation (Orange Book Blog)


US Patents

Ex parte vs. inter partes: which is the dominant life form? (IPBiz)

Deep thoughts by Chief Judge Rader: Classen Immunotherapies, Inc. v. Biogen IDEC (Patent Baristas)

Debate continues concerning importing limitations from specification into claims – Retractable Techs., Inc. v. Becton, Dickinson and Co. (Gray on Claims)


US Patents – Decisions

Federal Circuit Panel disagrees over application of Rambus v. Infineon: Markem-Imaje Corp. v. Zipher Ltd. (Gray on Claims)


US Patents – Lawsuits and strategic steps

Johnson & Johnson – Inventorship analysis for foreign counterpart patents requires separate analysis: Affymax, Inc. v. Johnson & Johnson (Chicago IP Litigation)

Minemyer – Court refuses ‘back door’ attempt at claim construction: Minemyer v. B-Roc Reps., Inc. (Chicago IP Litigation Blog)

Solvay – Damages expert opinion based on ‘50% profit sharing rule’ was not unreliable: Solvay S.A. v. Honeywell Specialty Materials LLC, et. al. (Docket Report)

Tompkins – Not that it matters, but Judge grants motion to dismiss amended false marking complaint with prejudice for failure to comply with In re BP Lubricants: Tompkins v. Century LLC (


US Trade Marks – Decisions

What a Betty Boop boo – part 3, the adventure continues… 9th Circuit Court of Appeals issues amended opinion in Fleischer Studios, Inc v. A.V.E.L.A., Inc (IP Whiteboard)

Precedential No. 22: TTAB renders split decision in CURE4KIDS 2(d) oppositions: American Lebanese Syrian Associated Charities, Inc. v. Child Health Research Institute (TTABlog)

Precedential No. 21: Two Cuban corporations have standing to bring Section 2(e)(3) cancellation petition: Corporacion Habanos, S.A. and Empresa Cubana del Tabaco, d.b.a. Cubatabaco v. Juan E. Rodriguez (TTABlog)

Test your TTAB judge-ability: Which one of these four mere descriptiveness refusals did the Board reverse?: In re Cochlear Limited, In re Harajuku Lovers, LLC, In re Keith Stonebraker, In re Momentum Insights, Inc. (TTABlog)


US Trade Marks – Lawsuits and strategic steps

Champions Real Estate Services – Real estate sales office stipulates to injunction, will stop “realtor” use: National Association of Realtors v. Champions Real Estate Services Inc (Seattle Trademark Lawyer)



Venezuela will amend its Intellectual Property Law (IP tango)

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