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IP News
New European Community Patent Proposal
At the March 3rd meeting of the Competitiveness Council in Brussels, the Ministers agreed to a common political approach to creating a Community Patent. The proposal would create a special court, the Community Patent Court (CPC), with exclusive jurisdiction to hear invalidity, infringement and declaratory actions as well as other actions such as claims based on prior use. The litigation of Community Patents would initially take place before a three-judge panel. All appeals would be heard by the Court of First Instance in the European Communities (CFI). Technical experts would be available to assist the judges in handling the case. The EPO would still be responsible for granting the patent, but National Patent Offices would be heavily involved as well. Once the patent is granted, the patentee would have to translate the patent into all 21 languages of the member states. This aspect has upset some members of European industry because translation may add up to 15,000 Euros to the cost of obtaining the patent. Council members propose to establish the Community Patent by 2010. A copy of the Council's proposal can be found at http://ue.eu.int at the press office link.
The Federal Circuit Rules on Eleventh Amendment Immunity
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.