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Intellectual Property News
Department Of Justice Will Not Oppose Proposal On Patent Information Policy
The Department of Justice announced today that it will not oppose a proposal by the Institute of Electrical and Electronics Engineers Inc. (IEEE) to implement a policy on the disclosure and licensing of patents in IEEE's standards-setting process. The policy will allow patent holders to commit publicly to specific restrictions on their future licensing terms and conditions for the use of patents that are essential to IEEE standards. The Department said that the proposed policy may enable IEEE to make better informed decisions when formulating standards that will benefit consumers.
The Department's position was stated in a business review letter from Thomas O. Barnett, Assistant Attorney General for the Department's Antitrust Division, to counsel for IEEE and its standards association, IEEE-SA. IEEE is a non-profit association for technology professionals with diverse interests. IEEE-SA, IEEE's standards development organization (SDO), develops and issues standards used in industries such as information technology, power and energy, instrumentation and measurement, mobile and stationary batteries, nanotechnology, organic electronics, telecommunications, and transportation safety. Read more at usdoj.gov.
There are common law rights
Federal registration is not required to establish rights in a trademark. Common law rights arise from actual use of a mark. Generally, the first to either use a mark in commerce or file an intent to use application with the Patent and Trademark Office has the ultimate right to use and registration. However, there are many benefits of federal trademark registration.
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News about Intellectual Property cases in Michigan and nationwide:
Guilty Plea In Trade Secrets Case
Colm F. Connolly, United States Attorney for the District of Delaware; William D. Chase, Special Agent in Charge of the Baltimore Federal Bureau of... Read more >
Definition:
The subject matter of a trade secret must be secret. Matters of public knowledge or of general knowledge in an industry cannot be appropriated by one as his secret. Matters which are completely disclosed by the goods which one markets cannot be his secret. Substantially, a trade secret is known only in the particular business in which it is used. It is not requisite that only the proprietor of the business know it.
Misappropriation
Definition:
A common-law form of unfair competition where the defendant has copied or appropriated some item or creation of the plaintiff that is not protected by either patent law, copyright law, trademark law, or any other traditional theory of exclusive rights.
International copyright
Definition:
There is no such thing as an “international copyright” that will automatically protect an author’s writings throughout the world. Protection against unauthorized use in a particular country basically depends on the national laws of that country.
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