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Instagram sued over new terms of service | TG Daily (Emma Woollacott)

December 27, 2012 by Leave a Comment

Instagram has been hit with a class-action lawsuit following its decision to change its terms of service.

Earlier this month, the Facebook-owned photo sharing company caused an outcry when it appeared to award itself rights over all the photos posted by its users – along with the right to sell them to third parties.

It’s backtracked – to a certain degree – since then.

However, this isn’t enough for Lucy Funes of San Diego. In a lawsuit filed with the San Francisco District Court, Instagram is accused of making a “grab for customer property rights.”

“The New Terms transfer valuable property rights to Instagram while simultaneously relieving Instagram from any liability for commercially exploiting customers’ photographs and artistic content, while shielding Instagram from legal liability,” the suit reads.

It points out that, while users can quit Instagram if they don’t like the new terms, they then can’t retrieve their pictures, which remain Instagram’s property.

via Instagram sued over new terms of service | TG Daily.

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China surpasses U.S. in number of 2011 patent applications | National Law Journal (Sheri Qualters)

December 13, 2012 by Leave a Comment

Last year, for the first time, more patent applicants were filed in China than in the United States. This surge reflects China’s increasing intellectual property maturity and growing pains, according to U.S. Intellectual property lawyers and experts.

In a December 11 announcement, the World Intellectual Property Organization reported that China’s patent office took in 526,412 applications, compared to 503,582 in the U.S. Patent and Trademark Office and 342,610 in Japan’s patent office.

Worldwide patent filings exceeded the 2 million mark, with 2.14 million filed last year. That’s a 7.8 percent boost over the 1.99 million applications filed in 2010.

“Sustained growth in IP filings indicates that companies continue to innovate despite weak economic conditions. This is good news, as it lays the foundation for the world economy to generate growth and prosperity in the future,” said WIPO director general Francis Gurry at a press conference in Geneva.

The numbers reflect a boost in innovation by Chinese nationals, said Stuart Meyer, an intellectual property partner at Fenwick & West in Mountain View, Calif. It’s not just U.S. inventors wanting to get protection in China because it’s commercially important, he said. “That’s a real sea change.”

via China surpasses U.S. in number of 2011 patent applications.

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It’s Never Too Early to Start Protecting Trade Secrets and IP | Corporate Counsel (Shannon Green)

June 9, 2012 by Leave a Comment

Who owns a company’s best ideas? When employees and companies part ways, complicated ownership disputes can arise over rights with respect to IP, trade secrets, and other confidential company information. It’s a topic that came up as a discussion on the LinkedIn page of In The House—a web-based professional networking community for in-house counsel—so we asked a few ITH lawyers with in-house experience how companies can ensure that when employees leave, they don’t take valuable information or intellectual property with them.

All of the lawyers who posted to the discussion thread agreed that the best time to formally define trade secret and intellectual property parameters is when the employee first walks through the door, not when they’re headed for the exit.

William Wilson, former in-house counsel at Motorola Inc. and Siemens Corporation, says that the beginning of employment is “the one golden opportunity you have to make the relationship clear.” This can be especially important under certain state employment statutes—some states make it more difficult to keep trade secrets and other confidential information under wraps if agreements aren’t solidified during the hiring process.

via It’s Never Too Early to Start Protecting Trade Secrets and IP.

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Assistant Attorney General Lanny Breuer Speaks on the Importance of IP Crime Enforcement « USDOJ: Justice Blog

September 28, 2011 by Leave a Comment

Earlier this month, Assistant Attorney General Lanny A. Breuer of the Criminal Division represented the U.S Department of Justice as a keynote speaker at the 5th International Law Enforcement Intellectual Property (IP) Crime Conference in Madrid, hosted by INTERPOL, EUROPOL, and the Cuerpo Nacional de Policia. Breuer joined China, Ghana, Nigeria, Canada, Chile, Sweden and other countries to discuss solution-driven proposals to IP crime enforcement at the conference, which brought together more than 400 law enforcement and customs personnel from more than 50 countries.

Criminals manufacture and distribute counterfeit and pirated goods across the globe. While advances in technology bring our world closer together, those same advances allow those who would commit intellectual property crimes to operate globally without ever needing to leave their homes.

Assistant Attorney General Breuer spoke about the importance of devoting time and effort toward IP crime and raising global awareness about its harmful consequences:

“Counterfeit pharmaceuticals, counterfeit automotive and defense-industry parts, and other counterfeit consumer products can cause serious harm to people and endanger their lives; and . . . companies whose trade secrets are stolen or whose goods are counterfeited may be forced to downsize or go out of business, costing individuals their jobs. Nevertheless, the public perception at times persists that IP crime is victimless. It is therefore one of our important duties here this week to spread the message about the significant, and very real, costs of IP crime.”

via Assistant Attorney General Lanny Breuer Speaks on the Importance of IP Crime Enforcement « USDOJ: Justice Blog.

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Canada’s Anti-Bribery Cops Reel One In

July 22, 2011 by Leave a Comment

(Business Law Currents) Though Canada has had foreign bribery legislation in effect for over a decade, prosecutions have proven very few and very far between. So it remains to be seen whether the recent guilty plea by Calgary’s Niko Resources under Canada’s Corruption of Foreign Public Officials Act marks a scaling-up of Canadian efforts on this front, or just another blip on the radar screen.

Canada’s Corruption of Foreign Public Officials Act (CFPOA) entered into force on February 14, 1999. The Act contemplates prosecutions in respect of three offences: bribing a foreign public official, laundering property and proceeds, and possession of property and proceeds. In addition, the CFPOA enables prosecutions for conspiracy, aiding and abetting, counselling, and the like.

One aspect of the CFPOA that has attracted criticism from the Organisation for Economic Cooperation and Development and Transparency International is that there must be a “real and substantial link” between the offence and Canada. While a Bill has been introduced to eliminate this requirement, it has not passed into law, and arguably remains a significant barrier to investigations.

According to the last report of the Minister of Foreign Affairs to Parliament on the enforcement of the CFPOA, prior to this year there had only been one conviction under the Act. In 2005, Red Deer-based Hydro-Kleen Group Inc. pleaded guilty to two counts of bribing a U.S. immigration officer at the Calgary International Airport.

In addition, in 2010, charges under the CFPOA were laid by the RCMP against an employee of Cryptometrics, a facial and fingerprint recognition software company based in Ottawa. The allegations were that payments had been made to an Indian government official to facilitate the execution of a multi-million dollar supply contract. That matter apparently remains before the Canadian courts.

via Canada’s Anti-Bribery Cops Reel One In.

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