IP Strategy Roundup (16 June 2020)
IP Strategy sits at the crossroads of technology, law, and business. With a focus on competitive advantage, IP Strategy can be aligned with Business Strategy to create and exploit powerful positioning and meaningful differentiation within a competitive landscape.
Diversity and Inclusion should be part of your Business Strategy
- Making D&I part of the business strategy provides an opportunity to define accountability
Patent Strategies Are Mission Critical for Cannabis Operators
- Patents are mission critical to virtually all industries, and especially so during their early stages of growth
- most operators are still woefully unprepared to face the potential onslaught of infringement claims and lack a robust risk-mitigation strategy
- Concentrate-based products are more risky because they rely on product innovation as well as extraction innovation
“Use in Interstate Commerce” for Trademarks requires Lawful Use in Interstate Commerce
- Companies that sell illegal products (such as cannabis, which is unlawful at the federal level) should consider building their brand through the sale of related lawful products (e.g., apparel)
Global patent statistics, and China’s role
- WIPO reported 3.3 million patent application filings in 2018 (5.2% increase over 2017)
- Asia accounted for more than two thirds of all patent, trademark and industrial design applications in 2018
- China’s IP office received the highest number of patent applications in 2018, a record 1.54 million applications that amount to 46.4 percent of the global total and 708,799 industrial design applications, corresponding to 54 percent of the world total.
https://www.cspdailynews.com/tobacco/altria-sues-rjr-over-e-cigarette-patent-violations
Litigation heats up in the e-cigarette world
- Companies in the space appear to be battling with one another by filing patent suits and retaliatory patent suits
China IP enforcement is as effective in 2020 as in 2007
- Get registered in China for effective enforcement
- Registration rejections increase for marks not intended for use
- China registration may be necessary to avoid unintended legal barriers set up by otherwise infringers
https://www.iam-media.com/law-policy/lemley-we-are-seeing-swing-back-towards-stronger-ip-protection
Mark Lemley’s thoughts about 101 legislation and trends
- Definite signs of a kind of swing back towards stronger IP protection
- PTO guidance on 101 is decidedly more friendly to patent grants than the Supreme Court precedent warrants
- 101 is incoherent overall, but has been helpful in business method and software cases
https://insidedefense.com/daily-news/army-using-fvl-platforms-pilot-projects-new-ip-strategy
The Army is using Future Vertical Lift Platforms in their IP Strategy (subscription may be required
Trademark Battle in Australia with former Spice Girl
- Brand protection can come down to registration timing and an aggressive IP strategy
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