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Category Archives: Intellectual Property

Enterprise Risk Management: Selected Agencies’ Experiences Illustrate Good Practices in Managing Risk

Enterprise Risk Management: Selected Agencies’ Experiences Illustrate Good Practices in Managing Risk, GAO-17-63: Published: Dec 1, 2016. Publicly Released: Dec 1, 2016.
“Federal managers often handle complex and risky missions, such as preparing for and responding to natural disasters, and building and managing safe transportation systems. While it is not possible to eliminate all uncertainties in these types of projects, there are strategies that can help plan and manage them. One such strategy is Enterprise Risk Management. It provides ways to better anticipate and manage risk across an agency. Our enterprise risk management framework has 6 essential elements to consider when implementing ERM, as shown below. We also identified good practices, as well as examples from federal agencies that are using ERM.”

Report – IBM and Ponemon Study Reveals Organizations Remain Unprepared to Respond to Cyberattacks

PRNewswire – “Resilient, an IBM Company and the Ponemon Institute unveiled the results of the annual Cyber Resilient Organization study, which found that only 32 percent of IT and security professionals say their organization has a high level of Cyber Resilience – down slightly from 35 percent in 2015. The 2016 study also found that… Continue Reading

Copyright Infringement Litigation Fell 22 Percent in FY 2016

“New federal lawsuits over issues of copyright infringement fell 22 percent last year. Case-by-case court records compiled and analyzed by the Transactional Records Access Clearinghouse (TRAC) at Syracuse University found a total of 3,944 new federal copyright infringement cases were filed in the U.S. District Courts during fiscal year 2016. This is down from the… Continue Reading

Paper – Challenge Restraints and the Scope of the Patent

Hovenkamp, Erik, Challenge Restraints and the Scope of the Patent (November 8, 2016). Available for download at SSRN: https://ssrn.com/abstract=2866630 “Patent rights are not the only important legal entitlements conferred by the Patent Act. It also vests “challenge rights” in third parties, permitting them to challenge granted patents as invalid or uninfringed, and potentially clearing a… Continue Reading

Accenture Survey – One in Three Cyberattacks Result in a Security Breach

“A new security survey from Accenture finds that in the past twelve months, roughly one in three targeted attacks resulted in an actual security breach, which equates to two to three effective attacks per month for the average company. Still, a majority of security executives (75 percent) surveyed are confident in their ability to protect… Continue Reading

Finding the Public Domain – The Copyright Review Management System

Issue Brief – Finding the Public Domain – The Copyright Review Management System, Melissa Levine, Lead Copyright Officer, University of Michigan, Ithaka S+R. October 26, 2016. “The public domain is the ultimate open access. It is key to the bargain of copyright. Rather simplistically, in order to incentivize authors to produce works, the public, through… Continue Reading

Authors Alliance and Internet Archive Team Up to Make Books Available

Internet Archive Blog, Michael Wolfe, Executive Director, Authors Alliance – “To write a book takes time, effort, more often than not, love. Happily, books are built to last, and with the proper stewardship remain relevant, provide insight and information, or entertain for generations. So why is it that, when the internet provides more avenues than… Continue Reading

TorrentFreak – Elsevier Wants CloudFlare to Expose Pirate Sites

Follow up to previous posting, Controversy over free journal access database keeps Sci-Hub in legal and research spotlight – Via TorrentFreak –  PDF copy of Memorandum of Law in Support of Plaintiffs’ Application for Leave to Take Expedited Discovery – Elsevier Inc., Elsevier B.V., and Elsevier Ltd. v Sci-Hub d/b/a ww.sci-hub.org, The Library Genesis Project… Continue Reading

GAO – Patent Office Has Opportunities to Further Improve Application Review and Patent Quality

Intellectual Property: Patent Office Has Opportunities to Further Improve Application Review and Patent Quality, GAO-16-883T: Published: Sep 16, 2016. Publicly Released: Sep 16, 2016. “U.S. Patent and Trademark Office (USPTO) examiners face a variety of challenges in reviewing patent applications and issuing high quality patents. Some challenges affect examiners’ ability to complete a thorough review… Continue Reading

EFF – EU copyright ruling has far reaching impact on copyright and deep linking

EFF – “In a case which threatens to cause turmoil for thousands if not millions of websites, the Court of Justice of the European Union decided today that a website that merely links to material that infringes copyright, can itself be found guilty of copyright infringement, provided only that the operator knew or could reasonably… Continue Reading

CRS – Stealing Trade Secrets and Economic Espionage

Stealing Trade Secrets and Economic Espionage: An Overview of the Economic Espionage Act, Charles Doyle, Senior Specialist in American Public Law. August 19, 2016. “Stealing a trade secret is a federal crime when the information relates to a product in interstate or foreign commerce, 18 U.S.C. 1832 (theft of trade secrets), or when the intended… Continue Reading

Antitrust and Intellectual Property: A Brief Introduction

Hylton, Keith N., Antitrust and Intellectual Property: A Brief Introduction (August 19, 2016). Boston Univ. School of Law, Law and Economics Research Paper No. 16-32. Available for download at SSRN: http://ssrn.com/abstract=2826636 “Intellectual property law and antitrust have been described as conflicting bodies of law, and the reason is easy to see. Antitrust law aims to… Continue Reading