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Taft's Intellectual Property attorneys handle a wide variety of intellectual property issues, both nationally and internationally. Our attorneys advise clients on intellectual property matters relating to patents, trademarks, copyrights, trade secrets, unfair competition, false advertising, right of publicity, licensing, open source, software and technology, websites and domain names. We have experienced, highly qualified litigators who bring and defend IP related infringement lawsuits throughout the United States. Clients include Fortune 500 companies, hospitals, universities and research institutions, mid-size and small companies, authors, artists, inventors, scientists, and entrepreneurs.
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CTM: Affordable Trademark Protection Throughout Europe
Businesses expanding into Europe have historically been forced to face the difficulty and expense associated with securing national trademark registrations in each country in which they intend to operate. The Community Trademark (CTM) system was established to streamline this complex multi-national process by creating a single registration that provides protection in all 27 European Union member states.
Administered by the Office of Harmonization in the Internal Market (OHIM), the CTM system provides a simple and cost effective alternative to traditional national registrations. Similar to U.S. federal trademark registrations, CTM registrations last for ten years and may be renewed indefinitely every ten years, so long as the mark remains in genuine use. Importantly, CTM registrations can co-exist with any antecedent European national registrations owned by the same entity.
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Phased Implementation of the America Invents Act
The America Invents Act (the "Act") was signed into law on September 16, 2011, but only a limited number of sections of the Act were implemented on that date or even shortly thereafter. Some of the more significant sections will not be implemented until September 16, 2012 and those sections related to first-to-file will not be implemented until March 16, 2013. So there is time for businesses to evaluate and plan for the implementation of many sections of the Act.
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Termination Determination: Molecules Matter
In 2008, the biosciences sector employed over 1.42 million people and is one of the few areas of growing employment during this economic downturn. The biosciences sector encompasses companies built on DNA-related technology. Inventors and companies protect their DNA related technology with over 40,000 DNA related patents. Recently the Association for Molecular Pathology (AMP), the ACLU and other parties filed a lawsuit against Myriad Genetics alleging that patents covering isolated DNA are invalid. The AMP and the ACLU appeared victorious when the U.S. District Court for the Southern District of New York ruled that the Myriad patents were invalid. Myriad Genetics, a company started by one of the inventors of the patents in question, appealed the district court's decision. On July 29, 2011 the United States Court of Appeals for the Federal Circuit (CAFC) affirmed the patentability of DNA and salvaged an industry structured on over 2700 patents claiming "isolated DNA".
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Taft's Intellectual Property Newsletter is used to inform our clients and friends of significant new developments and current issues in intellectual property law. For more information about Taft Stettinius & Hollister LLP, please visit http://www.taftlaw.com.
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