Law and Innovation

Discussions about copyright rules for the digital age are rising. In the last quarter of 2017, the European Commission (“EC”) has been pretty busy to step up the fight against online piracy and counterfeiting; but online platforms also have a role to play. Indeed, hundreds of thousands of movies, TV shows, software and books are still available to download for free. In this article, we highlight some of the new proposals aiming at protecting copyright and ensuring that illegal content once taken down does not (too quickly) simply reappear. How does the Commission plan to step up the fight against counterfeiting and piracy? Apart from the  copyright proposal   reform adopted in September 2016, the EC recently published a number of important IP documents: -           A Communication paper on “ Tackling Illegal Content Online - Towards an enhanced responsibility of online platforms ”;   -    ...

Mauvaise nouvelle pour les utilisateurs du site « The Pirate Bay ». L’Avocat Général (« AG ») SZPUNAR vient pratiquement d’annoncer son naufrage ! Dans son avis du 08 février 2017, il a conclu d’une part que « The Pirate Bay » (« TPB ») communique des œuvres au public et d’autre part que les fournisseurs d'accès à Internet (« FAI ») peuvent bloquer l’accès au site TPB vu son rôle « crucial » dans le partage de ces fichiers illicites. The Pirate Bay sème la terreur depuis 2003… On connait tous sa légende. C’est Le plus grand serveur torrent du web. Il bombarde les ayants-droits depuis presque 15 ans. Il ne laisse jamais de survivant ; ou très rarement. C’est l’intermédiaire qui permet aux utilisateurs de partager les contenus (illégaux) en peer-to-peer . En effet, 90 à 95 % des fichiers partagés sur le réseau du TPB contiennent des œuvres protégées et distribuées sans le consentement des ayants droit. D...

It is not just a watch. It is a masterpiece of intellectual property (IP) rights. It is not just a revolutionary product. It is the next chapter in Apple Inc.’s story. Apple believes in technology designed for the wrist (such as a smartwatch), but also in a strong design patent protection strategy. To protect this wearable, as a result of their investment, Apple applied for and received several design patents. Every detail is protected: the drawer where the watches are shown, the bracelet, the “slide-in” interchangeable strap system mechanism, the digital crown, the display, the charger, the retail box, etc. Future innovations will however continue to copy this kind of consumer products and challenge the Courts. In this context, developing and/or acquiring intellectual property rights may create a solid foundation for growth and success. Indeed, a winning exploitation of IP assets, including but not limited to know-how, patents, trademarks, aligned with your passion for innovati...

For more than one hundred years, generations of FC Barcelona fans have witnessed amazing players wearing the famous Blaugrana shirt with garnet and blue vertical stripes. Adidas’s three-stripe mark is also particularly well-known among professional soccer players, fans, and consumers of soccer apparell. Over the years, the German company made headlines for filing a number of lawsuits in connection with its famous trademark; and this time, it’s against Futbol Club Barcelona! What’s the case all about? It’s not a secret, with football kit partnerships large sums of money are involved. On October 30, 2016, FC Barcelona ratified the record-breaking 10-year Nike kit deal, which is worth up to 155 million Euro annually from 2018. And guess what, the day after (on October 31) Adidas filed its opposition with the U.S. Patent and Trademark Office (“USPTO”). Coincidences of life or difference of opinion? Let’s take a closer look… Adidas has been for years (and still is) one ...

It's a good time to be a Star Wars fan! Not only the first new epic Lucasfilm 's spinoff Star Wars soon arrives in theaters (“Rogue One: A Star Wars Story”) but a new case involving Lucasfilm’s trademarks has been filed in California. The production company filed this action to protect against infringement of their intellectual property (IP) rights, including but not limited to their ownership of “Star Wars”, “Jedi”, “Lightsaber” trademarks, and the logo of the Jedi Order. Nearly 38 years after the original Star Wars movie hit the big screen, fans are still trying to use and feel the Force. Without success. In the meantime, Lucasfilm (owned by Disney) is engaged in the successful business of merchandising and licensing of distinctive characters and elements associated with their movies, and of course the protection of their IP rights. What’s the case all about? As you know, Lucasfilm owns several U.S trademarks, trade names, registrations, that incorporate and/or...

Fresh and interesting article posted on the WIPR about Samsung’s writ seeking to restrict “unjustified windfalls” in design patent cases at the U.S. Supreme Court level.  Happy Reading! Pressure is growing on the US Supreme Court to grant Samsung’s writ seeking to restrict “unjustified windfalls” in design patent cases, after Google and Facebook threw their weight behind the Korean company in its dispute with Apple. Both parties filed an  amicus  brief along with eBay, Dell and HP, arguing that if an earlier decision to award Apple total profits from the sale of Samsung’s smartphone products that infringed Apple’s design patents is left to stand, it would “lead to absurd results and have a devastating impact on companies”. “Awarding a design patentee the total profit from an infringer’s product when the design covers only a relatively minor portion of the product is out of proportion with the significance of the design and out of touch with economic realities,...

Fresh and interesting article I recently wrote for the Journal of Intellectual Property Law and Practice - Oxford Journals: IP Protection For Graphical User Interfaces In The EU, US, And China. Here is the abstract: The article first briefly explains what a graphical user interface is. Then explores the current GUI protection offered in the US, the EU and China. Finally, as a case study, the article analyses the strategy developed by the Apple legal team concerning the Apple Watch. In addition, it describes how, to reach the ‘top (new) apps’ stores, developers and designers willing to launch a new (smartwatch) app are focusing on graphical user interfaces (GUI); and shows that having an intellectual property right for a GUI provides competitive advantage and a strong basis for early-stage funding strategy. Happy reading!  ( Thomas Dubuisson , IP protection for graphical user interfaces in the EU, US and China , Journal of Intellectual Property Law & Practice, 2015/10...

October 2014  By Thomas Dubuisson , LL.M [1] @tdubuisson - tom.dubuisson@gmail.com INTRODUCTION As it is common with disruptive technologies, the advent of 3D printing brought with it a variety of legal challenges, including intellectual property concerns. In 2014, the 3D printing technology is not futuristic sci-fi anymore. Goldman Sachs, in a recent Global Investment Research report entitled The Search for Creative Destruction [2] , included 3D printing in a list of seven technologies that are reshaping the way we live and are reinventing, the notion of what’s possible [3] . There is not a day anymore when you don’t hear about this technology. Examples are legion, such as: Philips announced a collection of new 3D-printed lamp line [4] ”; NASA customized spacecraft and instrument parts using 3D printing [5] , New Balance is introducing a track-specific running shoe that uses 3-D printing to create a plate on the sole of the shoe that is supposed to enhance perform...