作者: 发表日期:2019-12-26 栏目:新闻资讯 阅读次数:加载中...

Singapores Revised Patent System Starts Jan. 1, 2020



The patent system in Singapore makes a revolutionary change starting Jan. 1, 2020.Patent applications filed in Singapore on or before Dec. 31, 2019, can still enjoy the current supplementary examination process (also known as the foreign route), if the applicant chooses. For these applications, there will be no substantive local examination, even if the examination starts after the new year.




The Present Foreign RouteSystem



The Intellectual Property Office of Singapore (IPOS) currently relies on the grant or registration of a relevant foreign patent application or the Patent Cooperation Treaty (PCT) applications International Preliminary Report on Patentability. There are several requirements, however, including that each of the claims in the Singapore application be related to one or more claims in the relevant foreign patent application or the PCT application.




The Revised System



For patent applications filed in Singapore on or after Jan. 1, 2020, the foreign routewill no longer be available. Instead, these applications will be required to go through local substantive examination, providing the IPOS stricter control in ensuring that patents issued by the IPOS meet the patent laws of Signapore.


对于202011日或之后在新加坡提交的专利申请,“外国路线”将不再适用。相反,这些申请将被要求通过当地的实质性审查,为 IPOS 提供更严格的控制,以确保IPOS批准的专利符合新加坡的专利法。


A Couple of Things to Keep in Mind



PCT international applications that have an international filing date of Dec. 31, 2019, or before can still enjoy the foreign route,even where the national stage application in Singapore is filed on or after Jan. 1, 2020.




For divisional applications, they must be filed on or before Dec. 31, 2019, in order to be able to enjoy the foreign route.That is, a divisional application filed on or after Jan. 1, 2020, will go through local substantive examination, even if the parent application was filed on or before Dec. 31, 2019. Accordingly, if you currently have a pending patent application in Singapore, you might consider whether it would be strategically beneficial to file a divisional application by the end of 2019.







Ohio State, sports network at odds over Otrademark



A New York-based sports network filed suit in federal court Monday in a trademark dispute with Ohio State University over the letter O.Overtime Sports Inc., a digital programming provider started in 2016 with a focus on high school basketball and football athletes, wants a legal declaration allowing the continued use of its Omark


总部设在纽约的一家体育网络公司星期一向联邦法院提起诉讼,就o”字与俄亥俄州立大学发生商标纠纷。数字编程提供商Overtime Sports Inc.成立于2016年,专注于高中篮球和足球运动员。该公司希望得到一份法律声明,允许继续使用其“O”标记。


According to the federal suit, The differences between the partiestrademarks and manners of use prevent any likelihood of confusion. ... There are numerous O marks, O-formative marks, and O designs in use by third parties in connection with the relevant goods and services, such that consumers will not presume that all goods and services offered under O or O-formative marks emanate from a common source.The university countered in a July letter, however, that there can be no doubt that when the vast majority of people see a Block O,they associate it with Ohio State and its Block O Marks.





Overtime Sports applied to the U.S. Patent and Trademark Office this year to register its Omark, described in court documents as distinctive in large part to its sloping corners within each of its concentric shapes, which contrast with the sharp-cornered rectangle at its center.Trademarks used by OSU, on the other hand, feature an octagonal shape in each of its concentric shapes,the company alleged in court documents. They contain neither any rounded edge nor any rectangle.


Overtime Sports今年向美国专利和商标局申请注册其“O”商标,法院文件中称其“在很大程度上与其同心圆形状内的斜角不同,与其中心的尖角矩形形成对比”。另一方面,在法庭文件中称,该公司使用的商标“每个同心形状都有一个八角形”。“它们既不包含任何圆角,也不包含任何矩形。”


Ohio State says it sought an amicable resolutionto the dispute this summer, asking Overtime Sports to phase out its current Ousage and revise the design so its Owas completely rounded.With no such resolution forthcoming, Ohio State filed its formal opposition to the registration.


俄亥俄州立大学表示,他们在今年夏天寻求了一个“友好的解决方案”来解决争议,要求Overtime Sports逐步取消当前“O”用法,并修改设计,使其“O型完全变圆。由于没有这个提议并没有被实施,俄亥俄州立大学正式对登记提出反对


Spokesman Chris Davey said Ohio State does not comment on pending litigation.On the larger trademark issue, he said in an emailed statement that OSU works to protect the universitys brand and trademarks because these assets hold significant value, which benefits our students and faculty and the broader community by supporting teaching, research and service.Licensing royalties are earmarked to support the student experience at Ohio State by funding scholarships and programming,Davey said. Total revenue last year was $15.5 million and totals $207 million since the licensing program was established in 1980.


发言人克里斯·戴维(Chris Davey)表示,俄亥俄州立大学对未决诉讼不予置评。在更大的商标问题上,他在一份电子邮件声明中表示,俄亥俄州立大学“致力于保护学校的品牌和商标,因为这些资产具有重大价值,通过支持教学、研究和服务,使我们的学生、教师和更广泛的社区获利。”Davey说:“授权使用费将用于资助奖学金和项目,以支持俄亥俄州立大学的学生体验。”“去年的总收入为1550万美元,自1980年许可计划建立以来,总收入为2.07亿美元。”


Overtime filed suit in U.S. District Court for the Eastern District of New York Monday, noting that the university has been coexisting with Overtime without any confusion and without preventing either Ohio State or Overtime from maintaining goodwill and commercial impressions in their respective marks.The universitys opposition, the company argued, placed Overtime in the untenable position of not knowing if or when defendant may sue or take action ... or otherwise interfere with Overtimes selling, advertising and promotion of its sports programming business or goods offered in connection with such business.


The lawsuit seeks a jury trial, a formal declaration barring Ohio State from future legal action against Overtime and its O,and any applicable compensation.


Overtime Sports周一在美国纽约东区地方法院提起诉讼,指出这所大学“一直与Overtime Sports共存,没有任何混乱,也没有阻止俄亥俄州立大学或Overtime Sports在各自的商标上保持善意和商业印象。”该公司辩称,校方的反对将Overtime Sports“置于不知道被告是否或何时可以起诉或采取行动的不合理境地……或以其他方式干扰Overtime Sports对其体育节目业务或与该业务有关的商品的销售、广告和促销。”该诉讼要求陪审团审判,正式声明禁止俄亥俄州立大学未来对Overtime Sports及其“O”采取法律行动,以及要求任何适用的赔偿。


Source: www.cincinnati.com



Michael Jackson Estate Settles Copyright Fight With Disney



The Michael Jackson Estate has reached a confidential settlement with Disney over a 2018 TV special that included numerous clips from Jacksons songs and music videos.




The estate sued in May 2018, alleging that The Last Days of Michael Jacksonengaged in astoundingcopyright infringement. According to the suit, the ABC special used portions of more than 30 songs and videos belonging to the estate, including Beat It,” “Billie Jeanand clips from the Thrillermusic video and the This Is Itconcert documentary. The estate alleged that the producers never reached out for a license to use the material, and instead decided to use it all for free.Disney contended that it was entitled to use the clips under the fair usedoctrine.


20185月,遗产管理机构提起诉讼,称“The Last Days of Michael Jackson遭遇严重的版权侵权。诉讼称,ABC特别频道使用了30多首遗产管理公司所有歌曲和视频的片段,包括《Beat It》、《Billie Jean》,以及《Thrillermv和《This Is It》演唱会纪录片的片段。遗产管理机构称,制片方从未获得使用这些素材的许可,免费使用。迪士尼辩称,根据“合理使用”原则,它有权使用这些剪辑。


The two sides filed a notice on Wednesday dismissing the complaint pursuant to a settlement.The dispute with Disney has been amicably resolved,said Howard Weitzman, attorney for the Jackson estate, in a statement.The estates claim included allegations that Disney had been extremely zealous in protecting its own copyrights.


根据和解协议,双方于周三提交了一份声明撤销这一申诉。杰克逊遗产代理人霍华德•韦茨曼(Howard Weitzman)在一份声明中表示“与迪士尼的纠纷已经得到了友好解决,”。声明中包括了对迪斯尼极度热心于保护自己版权的指控。


Disney has threatened to sue independent childcare centers for having pictures of Mickey Mouse and Donald Duck on their walls, forcing them to remove all pictures of Mickey or Donald and other anthropomorphized mice or ducks rather than face ruinous litigation from one of the worlds largest corporations,the suit alleged. Disney once sued a couple on public assistance for $1 million when they appeared at childrens parties dressed as an orange tiger and a blue donkey.


A jury trial had been scheduled for December 2020.






Source: variety.com