Law COMING UP Duffy amp Sweeney LTD Ethical Issues in Negotiating IP Licenses Duffy amp Sweeney LTD Ethics in Intellectual Property Negotiations Duffy amp Sweeney LTD May a lawyer represent both the ID: 751038
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Cutting Edge Topics in Intellectual Property
LawSlide2
COMING UP
Duffy & Sweeney, LTDSlide3
Ethical Issues in Negotiating IP Licenses
Duffy & Sweeney, LTDSlide4
Ethics in Intellectual Property Negotiations
Duffy & Sweeney, LTDSlide5
May a lawyer represent both thelicensor and the licensee in a licensing transaction?
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Can a lawyer misrepresent the client’s “bottom line?”
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Must a lawyer for a patent licensor inform the potential licensee of all potentially invalidating prior art of which the licensor is aware?
Duffy & Sweeney, LTD
Depends on the
contextSlide8
Does a lawyer for a licensor who agrees to a provision in an agreement, but who discovers that
licensee’s counsel has failed to include the provision in the agreement,
have a duty to reveal this mistake?
Duffy & Sweeney, LTDSlide9
May a lawyer conduct negotiation in a state
other than one in which he is licensed?Duffy & Sweeney, LTDSlide10
Patent Reform
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Some Basics
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“The America Invents Act”
Duffy & Sweeney, LTD
Ultimately, the AIA “only went about halfway to where we need to go.”Slide13
White House
Patent Assertion and U.S. Innovation Report
Call for
Legislation
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CONGRESS
Duffy & Sweeney, LTD
-Transparency of Patent Ownership
-Customer Stay
-Bad
Faith Demand
Letters
-
Claim
Construction StandardsSlide15
Courts
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PTO
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States
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Industry
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#
From #HASHTAGS to LEGOS
Recent Trends in Trademark and Branding Law
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CEASE AND DESIST LETTERS
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NON-TRADITIONAL TRADEMARKS
Duffy & Sweeney, LTD
examples
p
ractice tipSlide22
TOP POP CULTURE #HASHTAGS and TERMS
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#BASHTAGS
Duffy & Sweeney, LTD
A hashtag that is “hijacked” for criticism or social media humiliation
#McDStories
#MyNYPD
#WherestheBeef
#IloveWalgreens
#SusAnalBumParty
#
Obamacareisworking
Can be removed from social media sites if use is misleading or confusing others
Protection is limited on social media
Be careful what you wish forSlide24
NEWSWORTHY PHRASES THAT
UNITE
It is common for business opportunists to capitalize on newsworthy events and file trademarks with the USPTO
However the first to file trademark application does not necessarily own the mark
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CELEBRITY TRENDS and TRADEMARKS
Duffy & Sweeney, LTD
As even more sports and entertainment stars become marketing powers, these celebrity trademark trends are bound to continue
.
have in common?
What do Slide26
Intellectual Property Challenges facing 3D PrintingSlide27
What is 3d Printing?
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Emerging Legal Issues
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Patents
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copyrights
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trade dress/design patents
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Questions?Duffy & Sweeney, LTD