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Patent Law

Legislating IP Legislating IP

Consolidates information concerning copyright, trademark and patent legislation in the courts, in Congress and throughout the United States.
By Kevin Heller et a.

Post Frequency: 0.1/day

Last Entry: January 24, 2007 at 20:35:00

Recent Entries: 25

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The only Copyright Treatise your library needs

Posted on January 24, 2007
In single space, printed form, the The Patry Copyright Treatise is, by almost 100%, the largest treatise on copyright published, and is the first new multi-volume treatise on U.S. copyright law in 17 years.***also started today a separate blog, The Patry Treatise Blog...


What will the midterm elections mean for copyright?

Posted on November 08, 2006
The Patry Copyright Blog: What the Election May Mean for Copyright: "On the House side, there is no uncertainty as to the majority, but we may not know for awhile who becomes chair of the IP subcommittee. Two names are mentioned frequently, Rick Boucher of Virginia, and Howard Berman of California...


President Signs Copyright Royalty Judges Program Technical Corrections Act

Posted on October 13, 2006
President Signs H.R. 1036, the Copyright Royalty Judges Program Technical Corrections ActOn October 6, 2006, the President signed into law the Copyright Royalty Judges Program Technical Corrections Act (P.L. 109-303). Among other provisions, the Act provides:that the Copyright Royalty Judges are subject to the Administrative Procedure Act; that they must consider certain Copyright Arbitration Royalty Panel determinations and interpretations among precedents; that they allow certain petitioners to participate in a proceeding without a filing fee; that they may make a partial distribution of cable and satellite royalty fees after the filing of claims for distribution of such fees; andthat they may issue an amendment to a written determination concerning technical and clerical errors and to modify terms under certain conditions.


Trademark Dilution Act Signed into Law

Posted on October 11, 2006
The Trademark Dilution Act was signed into law last week. The bill overturns the Supreme Court's requirement from Moseley v. V. Secret Catalogue, Inc. that in order to prevail on a trademark dilution claim, the plaintiff must establish the existence of actual dilution, not simply the likelihood of dilution...


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Looking back, looking ahead

Posted on October 10, 2006
The Patry Copyright Blog: The 109th Congress The first session of most Congresses is usually devoted to oversight hearings and gathering information. There are a number of areas that could use serious attention in the 110th Congress. I mention two: First, the secondary liability issues left unresolved by the Supreme Court in Grokster...


Clean Flicks discussion in the House

Posted on October 05, 2006
Last week, the House Committee on Energy and Commerce Subcommittee on Commerce, Trade, and Consumer Protection held hearings on Editing Hollywood?s Editors: Cleaning Flicks for Families. Mr. Bill Aho, Chief Executive Officer, ClearPlay Inc.Mr. Allan L...


Google adds news archives

Posted on September 06, 2006
Google announced today that it has "added the ability to search through more than 200 years of historical newspaper archives alongside the latest contemporary information." As with its current News service, Google will merely index the content and will not handle content delivery...


FairUse4WM cracks Microsoft's PlaysForSure DRM

Posted on August 28, 2006
The big news last week was that the Windows Media DRM was cracked. Derek also thinks this isn't entirely a bad thing, and in fact this benefits both the consumers and the online music services. As Grant puts it, "DRM doesn't protect content in any meaningful way...


Net Neutrality Update

Posted on August 27, 2006
FTC Chairman Deborah Majoras announced she will organize an Internet Access Task Force to examine a variety of issues, including Net Neutrality. Her speech here: pdf. [via PK]


The new dilution bill

Posted on May 03, 2006
Steve Yahn at Editor and Publisher tries to stir up some interest in what should be -- search-term advertising and other flavors of the month aside -- the trademark story of the moment:Embedded deep in H.R. 683, "The Trademark Dilution Revision Act," which awaits what may well be a last look in the U...


Legislating Decency

Posted on January 23, 2006
It is not IP per se, but IP attorneys and students may be interested in First Amendment and telecommunications issues. I have a series of podcasts covering Senate Commerce Committee hearings about regulating broadcast decency posted at IPTAblog: IPTelligentsia Podcast: Senate Indecency Hearings Part 1 and Part 2.


Grokster remand hearing set for May 1st

Posted on January 12, 2006
SVMLB: "Grokster remand hearing set for May 1st"


Senate to get techy next year

Posted on November 30, 2005
Internet News reports that the Senate Commerce Committee will hold a number of hearings on internet and communications issues early next year: Senate Sets Ambitious Tech Schedule: "Signaling its intent to focus on Internet and telecom issues next year, the U...


Fair Use in the Internet Age

Posted on November 16, 2005
The House Committee on Energy and Commerce Subcommittee on Commerce, Trade and Consumer Protection held hearings today on Fair Use: its Effects on Consumers and Industry. Mr. Peter Jaszi ProfessorWashington College of Law American UniversityMr. Gary Shapiro President & Chief Executive OfficerConsumer Electronics AssociationArlington, VAMs...


Broadcast Flag and the Analog Hole

Posted on November 01, 2005
On Thursday afternoon, the House Subcommittee on Courts, the Internet, and Intellectual Property will hold an Oversight Hearing on "Content Protection in the Digital Age: The Broadcast Flag, High-Definition Radio, and the Analog Hole." with Dan Glickman (Chairman and Chief Executive Officer, Motion Picture Association of America (MPAA)), Mitch Bainwol (Chairman and Chief Executive Officer, Recording Industry Association of America (RIAA)), Gigi B...


Pre-release product photos

Posted on October 24, 2005
Joe Gratz looks at one aspect of the Copyright Office implementation of regulations under the ART Act: Post Pre-Release Product Photos On Your Blog, Get Sued For Copyright Infringement: The Copyright Office today released its interim regulations implementing the pre-registration provisions of the ART Act...


Vehicle Hulls

Posted on October 18, 2005
Senator Cornyn (R-TX) introduced a bill to clarify one element of the Digital Millenium Copyright Act-- Title V, the Vessel Hull Design Protection Act. This bill is the Vessel Hull Design Protection Amendments of 2005 Act as S. 1785. This bill will amend chapter 13 of the Copyright Act, which protects the design of vessel hulls to clarify the distinction between a hull and a deck, in order "to provide factors for the determination of the protectability of a revised design, to provide guidance for assessments of substantial similarity, and for other purposes...


Protecting Copyright and Innovation in a Post-Grokster World

Posted on September 30, 2005
On Wednesday, the full Senate Judiciary Committee held hearings on "Protecting Copyright and Innovation in a Post-Grokster World," with testimony from:The Honorable Mary Beth Peters, U.S. Register of Copyrights, Copyright Office, Washington, D.C. The Honorable Debra Wong Yang , U...


Future of Music

Posted on September 12, 2005
I'm blogging live from the Future of Music Policy Summit over at iptablog.


Universal Declaration of American Rights

Posted on September 05, 2005
Derek Slater of the EFF's Deep Links blog is unhappy -- hat tip to Donna Wentwirth -- about "general search warrants" being issued in India to bring the file-sharing crusade to those ruddy-golden shores:These kinds of warrants are ripe for abuse. That's why they're prohibited in this country under the Fourth Amendment, which was prompted by British abuses of power during colonial times...


Chief Justice Rehnquist Dies at Home - Yahoo! News

Posted on September 03, 2005
Chief Justice Rehnquist Dies at Home - Yahoo! News


Hard Drive Data Recovery for Hurricane Victims

Posted on September 01, 2005
My friend Jack Moore of Eagle Eye Forensics, LLC sent this along. It's not free, but if you know someone who has to worry about this, you may want to send it along.Hard Drive Recovery Offer to Victims of Hurricanes We are offering special, reduced-rate services to victims of hurricanes to recover the data from their hard drives...


Update on ClearPlay

Posted on August 19, 2005
I stumbled on this article in Slate and it seemed to contradict my point in one of my favorite posts. On reflection I realized that actually the two pieces actually harmonize quite well.It did make me wonder whatever happened in the ClearPlay litigation...


Darknet for all within months?

Posted on August 10, 2005
Can lawsuits or a new push for legislation be a fix for an easy to use anonymous Darknet file-sharing program? I think it will take more than Grokster or the Induce Act to deal with this...Software that will allow people to anonymously swap music and other files on the Internet could render copyrighting of songs and movies obsolete by year's end, a creator [of Freenet] said...


Likelihood of Confusion by Ron Coleman: Good News: I Saved a Lot of Money on Litigation

Posted on August 09, 2005
Looking for the Geico v. Google decision? Here it is. UPDATE: I didn't exactly mean more litigation -- but I guess we shouldn't be surprised.


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