Intellectual property protection in ChinaBy Lu GuoliangInternational and Immigration Law, January 2002I am pleased to have this opportunity to introduce some of the efforts made by the Chinese government in improving the investment environment and protecting intellectual property.
Is that boat really intended for this safe harbor?By David LoundyIntellectual Property, January 2002One of the few parts of the "Communications Decency Act" (47 U.S.C. §230) left standing after the Supreme Court invalidated the statute's motivating provisions (see Reno v. ACLU, 117 S.Ct. 2329, 2334 (1997).)
ISBA advisory ethics opinions on WebIntellectual Property, January 2002ISBA Advisory Opinions on Professional Conduct are posted and available on ISBA's Web site, <http://www.isba.org/EthicsOpinions/>.
Organic foods and labelsIntellectual Property, January 2002Trademark counsel often review labels and packaging. The federal government has issued new rules defining what constitutes an organic food.
Bankruptcy treatment of ipso facto clauses in intellectual property licensesBy Beverly A. BernemanIntellectual Property, December 2001Attorneys who insert an "ipso facto clause" into an intellectual property license hope to give their client an "out" in the event that the other party files a bankruptcy.
Copyright Office e-mail newsletter, NewsNet, availableIntellectual Property, December 2001To subscribe to the Copyright Office's e-mail newsletter, fill in the Web form <http://www.loc.gov/copyright/ newsnet/subchange.html"> or send an e-mail message to <LISTSERV@loc.gov> and in the body of the message say: Subscribe USCopyright
Free ISBA case serviceIntellectual Property, December 2001Striving to meet the needs of members, ISBA expanded its free e-mail case law update service to 12,000 members.
When is “notice” really notice? Service provider liability under the DMCABy David LoundyIntellectual Property, December 2001The U.S. District Court of Appeals for the Fourth Circuit has just reversed a lower court in a decision of interest to anyone representing Internet service providers or those who work at addressing on-line infringements. ALS Scan, Inc. v. RemarQ Communities, Inc., No 00-1351 (4th Cir. February 06, 2001), available at http://www.Loundy.com/CASES/ALS_v_RemarQ.html, involved a company that produces and distributes adult-oriented photographs, and a company that provides the Usenet news service to end users, and provides Usenet news as a private label service to other service providers.
Calling all government attorneysIntellectual Property, February 2001The ISBA's Standing Committee on Government Lawyers wants to include you in its constituency.
Free Illinois casesIntellectual Property, February 2001Striving to meet the needs of members, ISBA expanded its free e-mail case law update service to 12,000 members.
From ink to e-sign: a conceptual history of the electronic signatureBy Aaron W. BrooksIntellectual Property, February 2001Amidst the Information Age and the electronic commerce revolution, it is a wonderful time to be a lawyer. Much like Thomas Augustus Watson receiving the first telephone communication in 1876, so too, we stand at the precipice of fundamental change.
Illinois appellate court embraces “inevitable disclosure” doctrine in trade secrets caseBy Steven L. BaronIntellectual Property, February 2001On December 6, 2000, the Illinois Appellate Court, First District, issued an opinion in the case of Strata Marketing, Inc. v. Murphy, No. 1-99-2749, ___ Ill.App.3d ___, ___ N.E.2d ___ (1st Dist. 2000), in which the court embraced the "inevitable disclosure" doctrine.
Academia at risk: antiquated IP policyBy Daniel KeganIntellectual Property, November 2000Our schools and colleges face enlarging potholes on the information superhighway because of antiquated intellectual property policies in academia. Many academic institutions have no explicit intellectual property policy; others may have established policies for inventions by faculty and researchers and trademark licensing for major college football teams.
All the rage, and a significant concernBy David LoundyIntellectual Property, June 2000Use of Application Service Providers (ASPs) is a hot topic in computer technology circles, but there are significant concerns that often get overlooked. ASPs are service providers that allow you to remotely access computer software, rather than having to purchase it yourself.
In the balance (TM): pending controversiesIntellectual Property, June 2000Is a consumer's copying music over the Internet lawful, as is copying television programs on videotape, or infringing, as the Recording Industry Association of America asserts in its suit against Napster.
TTAB Protective OrderIntellectual Property, June 2000Parties involved in inter partes proceedings before the Trademark Trial and Appeal Board often enter into agreements intended to safeguard information and documents viewed as confidential, commercially sensitive or trade secret.
When is a dress trade dress? Walmart Stores, Inc. v. Samara BrothersBy Steven L. BaronIntellectual Property, June 2000On March 22, 2000, the United States Supreme Court tackled the thorny question of whether a product's design could be "inherently distinctive" so as to provide protection under trade dress theory.
A brief history of the UDRPBy Aaron W. BrooksIntellectual Property, May 2000Since January 3, 2000, all Internet domain name disputes have been governed by a single dispute resolution policy known as the Uniform Domain Name Dispute Resolution Policy (UDRP).
Career clips: Patricia FelchBy Patricia FelchIntellectual Property, May 2000My route to an intellectual property firm has been like walking up Lombard Street in San Francisco--a 12-year trek up a very steep and spiraling hill.
IP newsBy Daniel KeganIntellectual Property, May 2000Work for hire quietly altered. Patricia Felch closely read the new copyright legislation and found two important, quiet changes in Title 17
Practitioner’s guide to provisional patent applicationsBy Emily MiaoIntellectual Property, May 2000Nearly five years ago, GATT-related changes to U.S. patent law led to the creation of the U.S. provisional patent application ("PPA").
Abe— A Better EssayIntellectual Property, March 2000The Intellectual Property Section of the Illinois State Bar Association has established "A Better Essay" (Abe) Program, under which faculty at Illinois law schools may submit select articles by law students for consideration for publication in the section's newsletter, "Intellectual Property."
Admiralty trademarksBy Daniel KeganIntellectual Property, March 2000Floating in the mid-Pacific, the record-breaking Academy Award-winning film enlightens the dark deck of the cruise ship.
Federal patent law preempts state law on inventorshipBy John M. AugustynIntellectual Property, March 2000The U.S. Court of Appeals for the Federal Circuit ruled that federal patent law preempts state law standards for determining inventorship.
New IP feesIntellectual Property, March 2000Some United States patent, trademark, and copyright fees have recently changed.
New law affects patents, copyrights and the InternetBy John M. AugustynIntellectual Property, March 2000On November 29, 1999, President Clinton signed a bill (H.R. 3194, Pub. L. No. 106-113) containing changes affecting patents, copyrights and the Internet.
A sales offer with product drawings did not establish on-sale validity for method patentBy John M. AugustynIntellectual Property, March 2000Recently, the U.S. Court of Appeals for the Federal Circuit held that an offer to sell a device (which included drawings of the device but not drawings of the method) did not establish on-sale invalidity because the drawings did not reveal the claimed method.
