Business

LUDWIG APC on COVID-19 1

LUDWIG APC on COVID-19

As of today, March 13, 2020, it’s hard to imagine there is not a person anywhere who has not been effected by the COVID-19 pandemic.  Our Hong Kong-based clients at Ludwig, APC have been dealing with the outbreak for several months and already endured extensive, government-mandated shutdowns and quarantines.  Here in the United States, it’s now …

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With Innovation Becoming Increasingly Collaborative and Transnational, What Does this Mean for Patents? 2

With Innovation Becoming Increasingly Collaborative and Transnational, What Does this Mean for Patents?

The World Intellectual Property Organization (WIPO), a specialized agency of the United Nations that provides a global forum for intellectual property policy, services, information, and cooperation, recently released a report which concluded “that innovative activity has grown increasingly collaborative and transnational” in recent years. Given the globalization of trade, business, entertainment, and virtually every other …

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The State of “Alice” 2020: Is Congressional Reform on the Horizon? 3

The State of “Alice” 2020: Is Congressional Reform on the Horizon?

In 2014, the U.S. Supreme Court’s 9-0 decision in Alice v. CLS Bank put an end to, or at least hampered, the prevalence of potentially “bad patents” being granted that covered abstract ideas, especially in the area of software.   At the heart of the landmark 2014 case was Alice Corporation’s claims that its patent …

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When is Big Tech Too Big? (and Why Patent Holders Should Care) 4

When is Big Tech Too Big? (and Why Patent Holders Should Care)

Let’s put it right out there. Once big tech companies are firmly entrenched, once they are so large that money is no longer an issue (for all practical purposes), they benefit greatly from a weak patent system.   At first glance, that assertion might seem nonsensical. After all, in a weak patent system, wouldn’t a …

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cannabis on a tray

What You Need to Know: The Latest on Cannabis-Related Trademark Laws

The Agricultural Improvement Act of 2018, aka the 2018 Farm Bill, removed “hemp” from the definition of marijuana under the Controlled Substances Act (CSA), effectively making the growth of industrial hemp legal in the eyes of the federal government. This reclassification is of particular importance to those who produce cannabis and cannabis-related products in the …

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photo in China

You Can Take Steps to Protect your Intellectual Property in China

While most reporting on the U.S.-China trade war has focused on the U.S. imposition of tariffs on Chinese goods in response to what the U.S. Government calls China’s “unfair trade practices,” what often gets buried in the ongoing kerfuffle are the details—namely, what are those unfair trade practices? According to the Business Roundtable, an association …

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ai

When You’re Dealing with AI, Who Owns the Intellectual Property?

While Intellectual Property (IP) law is already quite complicated, especially when international boundaries are concerned, with the advent of Artificial Intelligence (AI), IP law promises to become even more complex. For example, when AI is involved in an inventive or creative process, who holds the IP rights to that work? Can AI hold a copyright …

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Entering the US Market? Due Diligence Pays Off

When entering the US market, non-US companies and entrepreneurs need to understand whether and/or how their products or services might infringe upon the intellectual property rights of those already operating in the United States. Remember, intellectual property (IP) relates to copyrights, trademarks, patents, and trade secrets, and violating the IP rights of someone else (or …

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Does Your Intellectual Property Constitute Copyright, Trademark, or Trade Secret Material?

If you or your company is thinking of entering the US market, you should familiarize yourself with what constitutes copyright, trademark, or trade secret material, and what is protected/not protected within each Intellectual Property (IP) category in the United States. Doing so will go a long way to preventing you from unintentionally violating the IP …

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Cease & Desist

You’ve Received a Cease and Desist Letter: Now What?

When foreign and overseas companies and individual’s doing business in the United States fail to do due diligence on their intellectual property assets before introducing them into U.S. markets, they run the risk of legal action from U.S.-based companies who believe their intellectual property rights have been infringed. Often, the first inkling of such legal …

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