Intellectual Property

Information Disclosure Best Practices: Navigating the Risks of IDS Filings

Patent practice is unique in many ways. One such way is that negative information known to those who are substantively involved in the prosecution of a patent application must be disclosed to the patent examiner during patent prosecution. This is accomplished by preparing and filing an Information Disclosure Statement (IDS).  The rule is easy enough […]

The story of cheerleaders, chevrons and stripes!

Can fashion designs in the United States of America apply for copyright protection? Under USA Copyright law, the question whether a design of a useful article is eligible for copyright protection is assessed by the concept of separability. The Copyright Act states that the “pictorial, graphic, or sculptural features” of a “design of a useful […]

The Risk of A Mark Comprised of a foreign word and the transcription thereof into Japanese Characters: Trademark Non-Use Cancellation against over “ブロマガ” (“BLOMAGA,” in katakana characters) with “BlogMaga” (FC2 vs. Dwango)

The 1st blog article from our new JP author, Ms. Mami Gosho (五所万実), who is a research associate (助教) of Keio Univ (慶応義塾大学) on linguistic (言語学) just arrived! Introduction In Japanese trademark practice, a mark comprised of a foreign word and the transcription thereof into Japanese characters (such as “HIGUARD” and the transcription thereof into […]

Korean professional baseball league

Korean baseball stadiums have a unique culture about ‘cheering songs’. These baseball stadiums are filled with cheering songs where the lyrics get adapted to suit the characteristics of each team and each player. However these days, an increasing number of legal battles take place over these cheering songs resulting in baseball teams choosing not to […]

The Portuguese Case “Os Belenenses”

The World IP Day´s theme this year, which celebrates the “Reach for Gold: IP and Sports”, curiously coincides with the recent legal case that occurred in the Portuguese courts, related to the historical sports club “Os Belenenses” – best known for its football team from Lisbon – a case which involves both club passion and […]

Keeping track of global patent data

Innovation is a global phenomenon. Everywhere you look, great ideas to solve problems, both local and global, are being developed into practical and tangible solutions. This investment in innovation resulting in published patents can be tracked and mined to see what technology is being developed where and who is looking to invest in which region. […]

Conflicting Judgments between US and Korea on ‘Parody’

한국어 버전을 읽으려면 클릭하십시오. Introduction The Faceshop cosmetics that applied ‘parody’ design to Louis Vuitton were found to infringe the trademark rights of Louis Vuitton (Seoul Central District Court, 2018.10.4., 2016가합36473). The court judged that even if a company uses a parody design of luxury goods, if the parody intention is not clear, it has […]

Ten hacks to unlock the value of patent analytics

By Parijat Oak (Associate Director, Intellectual Property Services) and Ed White (Director, Patent Analytics) Patents are a valuable source of technical, market and competitive information. But how do you make sense of the vast and growing volume, with 120 million published patent documents in total and 6.3 million published last year alone? Patent analytics provides […]