#mCitizen Session A3 – Intellectual Property Considerations & Strategies

This is LIVE blogging and totally not every conversation or important topic!! – my personal notes & asides
* speakers: Julie Hopkins / Bryant Young (moderating the panel) / Clint Gerdine  / Joeyuh Lin / Mark Wallerson

That is a Lot of black suits in one place – a room full of Lawyers – very nice of them to give us a computer bag from the Institute for Intellectual Property & Social Justice, Inc.

Howard University represented by Bryant Young

  • Looking at patents, trademarks & copyrights in relationship with Social / Mobile – how to protect your rights
  • IIPSJ (Howard)
    • Mission is to advance the political, social & economic empowerment of historically disadvantaged and excluded groups through facilitating their creation, use, and exploitation of intellectual property.
    • founded in 2002 to address the social justice implications of intellectual property law & practice both domestically & globally
  • Overview of the ITC
    • ITC falls under President / Congress then ALJ (delegated authority to take evidence & make initial determination): Complainants (owns the patent) / Respondents (the infringer) / OUII (Commission investigative attorney)
  • What is the ITC & What is Section 337 (Chad Gerdine)
    • An independent Federal agency with a wide range of trade related mandates
    • Under Section 337 of Tarrif Act of 1930, 19 … (blah blah blah)
    • Section 337 Investigations instituted & active investigations
    • Mostly utility patents – when you obtain a patent a useful, non-obvious invention – how things work vs. just design out package
      • Telecommunications & computer / Semiconductor chips & processes / etc
    • Section 337 – All public investigations
    • Basic Elements of a Section 337 Cause of Action
      • a sale for Importation, IMPORTATION or sale after importation of the accused goods
      • An Unfair Act
      • etc.
    • Types of Remedies:
      • Remedy Determinations 
      • Exclusion Orders: Limited & …
      • Cease & Desist Orders
    • ….sorry… I fell asleep…  &8 D
    • Impact of ITC Mobile Technology Cases on citizens
      • Qualcomm case allows citizens to make an easy transition to alternative technology
      • Settlement of cases lead to no/minimal disruption of mobile technology deployment to citizens
      • Exclusion order relief may temporarily eliminate a service/product option for the consumer / citizen
    • Questions
      • what about mobile apps- some of the mapping / navigation apps??  More about the product 
  • Q: First to File system?  everywhere else in the world has always been a first to file vs. the U.S. who has a First to INVENT – lots of implications and how do you prove – First to File is "who gets to the gate first".  
    • House & Senate bill is looking at a "grace period" so that people can "prove" that they were the first to Invent something – Will this be implemented OR not – still a discussion
    • …there are always tagalongs that get stuck in the bill and that’s an ongoing… Current administration is trying to Stop that
    • Will go through at some point
  • IP for Mobile Tech: Trademark, Copyright & Counterfeiting / Pirating (Julie Hopkins)
    • What is a Trademark – 
      • Trademarks: What to Protect:
        • Product names / service names / company name
        • taglines / logos / holograms
        • sound / trade dress (the look of the product – the design)
        • Google trademarked "I am feeling lucky" – WOW
        • Think about WHAT you need to protect including your design / logos 
      • Trademarks: How to select a mark
        • the more distinctive a mark, the greater its level of legal protection
        • cannot trademark a generic – more "fanciful" … something that you literally "make up"  
        • Generic / Descriptive / Suggestive / Arbitrary / Fanciful 
        • look at long term – product expansion – think about industries that you hadn’t intended to go into – think broad
      • Trademarks: Types of protection
        • U.S. Federal, state & common Law
        • European Community Trademark
        • Madrid Protocol International Trademark – file One trademark and covers many countries – more bang for your buck
        • Individual Country Trademark
    • What is Copyright
      • What to protect: product inserts / product instructions / software
      • Software: Patent Protection v. copyright protection
      • Copyright protects the Expression 
      • Copyright is much quicker
      • Federally register copyright: inexpensive ($35) / damages, attorneys fees / prerequisite to infringement suit
    • Counterfeit Definition
      • Combating Counterfeiting: a majority of the issues have come from China – make sure to register in China (and should definitely look at other countries)
      • Register trademarks & copyrights with Customs & Border Patrol – stopped at the border & reported to (you).
      • Border Patrol inspects only 2% of goods entering the country
  • STARVING so I’ve gotta leave – sorry speakers – you were really trying!

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