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News

Unitary Patent Package 2016

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The new rules of Litigation Certificate Wouter Pors, Partner of Bird & Bird, tells us everything about the new draft Rules for the European Patent Litigation Certificate. What are the concrete changes? And what does this mean for Lawyers and European Patent Attorneys?

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J.D NUÑEZ PATENTES Y MARCAS will attend the APAA 2015, in Okinawa, JAPAN

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We are pleased to announce that JD NUÑEZ PATENTES Y MARCAS will attend the next APAA 2015 in Okinawa, Japan. The Congress will take place from day 13 to 17 November in Japan.


APAA is the Patent Attorneys Association of Asia, it is a nongovernmental organization dedicated to the promotion and enhancement of industrial property in the Asia, Australia and New Zealand. 

The aim of our assistance is simply to improve on industrial property, increase our network of partners globally and continue to offer competitive prices as well as maximum efficiency. 

We wish luck to all colleagues who attend the congress and progress to our customers.

 
 

 

Italy joins the unitary patent

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September 30 2015: Italy has become the 26th member of the enhanced cooperation on unitary patent protection. This should be understood as a further boost to the new system, as Italy is the fourth largest market in Europe in terms of patent validation. Given the recent developments, it now appears most unlikely that anything will stop the new system from entering into force (probably in 2017). The European commission comments as follows.

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Cooperación multilateral en materia de Propiedad Industrial

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Durante los días 1 y 2 de octubre de 2015 ha tenido lugar en la sede de la OEPM una reunión de directores generales de oficinas nacionales de Propiedad Industrial de Iberoamérica organizada por la Oficina Española de Patentes y Marcas (OEPM) y la Organización Mundial de la Propiedad Intelectual (OMPI).

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"Happy Birthday": a Song Without a Copyright

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Warner/Chappell, an affiliate of Warner Music Group, has required producers and other individuals to pay royalty fees for any "public performance" of the song "Happy Birthday" for almost three decades. It has been reported that since purchasing the "Happy Birthday" rights from Birchtree Ltd. in the late 1980s, Warner/Chappell has collected about $2 million per year in royalties. While most users have (begrudgingly) coughed up the dough over the years, filmmaker Jennifer Nelson decided to challenge the $1,500 royalty fee she paid for using "Happy Birthday" in her documentary about the song, arguing that the song is in the public domain. Several artists/producers joined the suit as a class action. That suit, Good Morning To You Productions Corp. v. Warner/Chappell Music, Inc., was recently before Judge George H. King in the District Court of the Central District of California. On September 22, 2015, Judge King determined that Warner/Chappell did not own the rights to the lyrics of "Happy Birthday" and therefore was not entitled to royalties.

The melody to "Happy Birthday" is attributed to Mildred and Patty Hill, who published the original tune of the song as another song called "Good Morning to All" in 1893. The current "Happy Birthday" lyrics began accompanying this melody in the early 1920s. In 1934, Mildred and Patty Hill's sister, Jessica Hill, filed the first lawsuit over the unauthorized use of the song in Irving Berlin's musical "As Thousands Cheer." Shortly after winning the lawsuit, Jessica sold the rights to the song to the Clayton F. Summy Company. These rights changed hands over the years until Warner/Chappell bought the rights for approximately $25 million in 1988.