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Features

NFTs and IP Protection Image

NFTs and IP Protection

Gregory Baker, Anne-Laure Alléhaut & Catherine J. Djang

the legal frameworks governing NFTs — which could significantly impact the risks and rewards of buying or selling NFTs — are still catching up. This article addresses another key legal dimension of NFTs: intellectual property protections.

Features

Recommendations for Evolving Patent Eligibility of Hardware Image

Recommendations for Evolving Patent Eligibility of Hardware

Hanchel Cheng

Regardless of whether a patent practitioner's clients favor a stricter or more lenient eligibility regime, patent eligibility decisions continue to evolve. We need a line drawn for what practitioners expect to be clearer. Hardware inventions are facing patent eligibility challenges that would have seemed more likely in software inventions. Recent court decisions have shown that what once made a hardware invention eligible may no longer fly.

Features

Fishing for Joint Patent Ownership Under 'BASF v. CSIRO' Image

Fishing for Joint Patent Ownership Under 'BASF v. CSIRO'

Richard S.J. Hung, Jacob N. Nagy & Evangeline T. Phang

A recent Federal Circuit opinion sheds light on the process for settling co-ownership disputes pursuant to an underlying agreement. Although the precedential opinion does not change the rules of contract interpretation, it suggests considerations when drafting ownership agreements.

Features

Second Circuit Interprets 'Executed By the Author' In Copyright Act's §203 Grant Termination Provision Image

Second Circuit Interprets 'Executed By the Author' In Copyright Act's §203 Grant Termination Provision

Stan Soocher

Composers of pre-1978 works often assigned both the initial and renewal copyright terms in their works when signing songwriter agreements with music publishers. But what happens when a grant of the copyright renewal term of a pre-1978 work has been made post-1977?

Features

Trademark Oppositions and Coexistence Agreements Image

Trademark Oppositions and Coexistence Agreements

Ben Thompson & Robert Moorman

There are frequent battles over trademark rights in the entertainment industry. Trademark publication can be an anxious part of the federal application process, with fear of aggressive opposition and costly proceedings looming in the background. But many trademark oppositions, whether they are only threatened or actually filed, afford the applicant a discussion with an opposer that can ultimately be helpful in nonobvious ways.

Features

'Executed By the Author' In Copyright Act's §203 Grant Termination Provision Interpreted By Second Circuit Image

'Executed By the Author' In Copyright Act's §203 Grant Termination Provision Interpreted By Second Circuit

Stan Soocher

Composers of pre-1978 works often assigned both the initial and renewal copyright terms in their works when signing songwriter agreements with music publishers. But what happens when a grant of the copyright renewal term of a pre-1978 work has been made post-1977?

Features

Commentary: What the Music Industry Can Learn from Cable When It Comes to ISPs and Infringement Image

Commentary: What the Music Industry Can Learn from Cable When It Comes to ISPs and Infringement

Keith Hauprich

In the last two decades, the music industry and, more specifically, songwriters, producers and recording artists have been losing the value of their efforts to online piracy. Perhaps a business-to-business solution can be found between the music industry and cable providers.

Columns & Departments

IP News Image

IP News

Howard Shire & Stephanie Remy

Federal Circuit: Agreement Between Patent Owner and Third Party Was Not Insulated from The On-Sale Bar

Features

E-Commerce Sellers Should Be Preemptive to Mitigate Effects of Account Suspensions for IP Infringement Image

E-Commerce Sellers Should Be Preemptive to Mitigate Effects of Account Suspensions for IP Infringement

Jonathan Bick

E-commerce channel providers' suspension of sellers' accounts associated with alleged intellectual property infringement is fast, and suspension remediation is time-consuming and costly. Consequently, e-commerce sellers should contemplate pre-emptive legal and business arrangements to ameliorate potential e-commerce account suspensions consequences.

Features

Choosing Between Trade Secret and Patent Protection: A Primer for Businesses Image

Choosing Between Trade Secret and Patent Protection: A Primer for Businesses

Darren M. Franklin

When deciding whether to apply for patent protection on an innovation or whether to keep the innovation confidential as a company trade secret, there are many considerations that a business must take into account stemming from the different characteristics of each.

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