INTELLECTUAL PROPERTY REPORTS

Transcription

1 INTELLECTUAL PROPERTY REPORTS Straight Path IP Group, Inc. v. Sipnet Eu S.R.O (Leahy-Smith America Invents Act AIA) (Inter Partes Review IPR) (administrative judges) (Patent Trial and Appeal Board ) IPR ( ) 9 (Court of Appeals for the Federal Circuit ) IPR Straight Path IP Group, Inc. v. Sipnet Eu S.R.O. ( 1) (plain meaning) ( 2) Saint-Island International Patent & Law Offices

2 TWNIC TWNIC ( 1) ( 2) TWNIC WIPO WIPO ( ) ( 3) WIPO World Intellectual Property Organization The WIPO Domain Name Process 2

3 Internet Corporation for Assigned Names and Numbers ICANN.com.net.org (Top-Level Domains TLDs) ICANN Uniform Domain Name Dispute Resolution Policy UDRP ( 4) ICANN ICANN Cancellations Transfers Changes Panelists Resolution Service Provider 5) 4 a ( WIPO WIPO UDRP ( ) La Mafafa, Inc.dba v. Domains Real Estate ( 6) La Mafafa, Inc.dba v. Domains Real Estate culturaprofetica.com Godaddy.com UDRP 4 a (1) 3

4 WIPO Prophetic culture WIPO UDRP a (2) parking page UDRP a (2) WIPO WIPO UDRP 4 a (1) (2) (3) WIPO ( ) WIPO UDRP ( 7) WIPO UDRP WIPO UDRP WIPO 2011 WIPO WIPO Arbitration and Mediation Center WIPO Overview of WIPO Panel Views on Selected UDRP 4

5 Questions, Second Edition WIPO Overview 2.0 WIPO Overview WIPO UDRP 4 a (1) UDRP Passing off laws UDRP 4 a (1) WIPO ( 8) viability ( ) aia.com.tw ( 9) American International Assurance Company, Limited, AIA Group Limited aia.com.tw 5 1 aia.com.tw (1) American International Group, Inc (2)2010 American International Assurance Company, Limited AIA 1998 AIA aia.com.tw 2010 AIA 5

6 ( ) mytv.tw ( 10) MyTV MYTV Lopnur mytv.tw MyTV MyTV MYTV MYTV LIVE mytv MyTV MYTV MyTV TVB J2 TVB8 MyTV Android 24 mytv.tw mytv.tw WIPO WIPO Overview 2.0 WIPO UDRP 4 a (1) laws UDRP UDRP 4 a (1) Passing off 6

7 aia.com.tw mytv.tw WIPO WIPO Guide to the Uniform Domain Name Dispute Resolution Policy, According to Paragraph 4(a) of the UDRP Policy, the UDRP Administrative Procedure is only available for disputes concerning an alleged abusive registration of a domain name; that is, which meet the following criteria: (i) the domain name registered by the domain name registrant is identical or confusingly similar to a trademark or service mark in which the complainant (the person or entity bringing the complaint) has rights; and (ii) the domain name registrant has no rights or legitimate interests in respect of the domain name in question; and (iii) the domain name has been registered and is being used in bad faith WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Second Edition, Some panels have noted that the more obvious the viability of a complainant s claim to common law or unregistered trademark rights, the less onus there tends to be on that complainant to 7

8 present the panel with extensive supporting evidence

9 v. Sipnet Eu S.R.O. Straight Path IP Group, Inc (Leahy-Smith America Invents Act AIA) (Inter Partes Review IPR) (administrative judges) (Patent Trial and Appeal Board ) IPR ( ) 9 (Court of Appeals for the Federal Circuit ) IPR Straight Path IP Group, Inc. v. Sipnet Eu S.R.O. ( 1) (plain meaning) ( 2) ( ) Straight Path IP Group, Inc. v. Sipnet Eu S.R.O. Straight Path 6,108,704 ( 704 ) 704 (first processing unit) IP (active on-line party) (second processing unit) IP IP 9

10 704 1 Sipnet IPR Straight path A computer program product for use with a computer system, the computer system executing a first process and operatively connectable to a second process and a server over a computer network, the computer program product comprising: a computer usable medium having program code embodied in the medium, the program code comprising: program code for transmitting to the server a network protocol address received by the first process following connection to the computer network; program code for transmitting, to the server, a query as to whether the second process is connected to computer network; program code for receiving a network protocol address of the second process from the server, when the second process is connected to the computer network; and program code, responsive to the network protocol address of the second process, for establishing a point-to-point communication link between the first process and the second process over the computer network (a query as to whether the second process is connected to computer network) 10

11 704 1 (first process) (first processing unit) (second process) (second processing unit) ( ) (unexpired patent) Straight Path (is connected to the computer network) ( 3) (being on-line) 704 (process) Ketan Mayer-Patel Ketan Mayer-Patel 11

12 (a processing unit that is active and on-line at registration ) ( is connected to the computer network) ( ) ( is connected to the computer network) Sipnet (being on-line) ( Straight Path ) ( Sipnet ) ( a query as to whether the second process is connected to computer network ) is (is connected to the computer network) Phillips ( 4) Phillips Phillips (plain) 12

13 (is connected) (being active and online at the time of registration) (is connected to the computer network) (is connected to the computer network at the time that the query is transmitted to the server) ( ) Dyk Dky is Paragon Solutions, LLC v. Timex Corp. ( 5) (real-time) Phillips Phillips Dky (is) (is) Paragon Solutions Paragon Solutions (a display unit configured for displaying real-time data) (real-time) (instantaneous) (real-time) 704 (is connected) (real time) 13

14 704 (relatively current) 704 Dky 704 Phillips IPR /9/ /9/25 Straight Path Phillips Straight Path In re Cuozzo Speed Techs., LLC ( 6) IPR Phillips Cuozzo Newman AIA IPR IPR IPR Newman IPR Cuozzo 6:5 IPR Straight 14

15 Path Dyk Straight Path Phillips Straight Path IPR (a preponderance of the evidence) (clear and convincing evidence) IPR IPR 1. Straight Path IP Group, Inc. v. Sipnet Eu S.R.O., No (Fed. Cir. 2015). 2. Case No. IPR Case No. IPR , p5-p7 4. PHILLIPS v. AWH CORPORATION, Nos , ( Fed. Cir. 2005) ( 5. Paragon Solutions, LLC v. Timex Corp., No (Fed. Cir. 2009). 6.In re Cuozzo Speed Techs., LLC, No (Fed. Cir. 2015) IPR (02) FAX (02) (02) FAX (02) (02) FAX (02) (04) FAX (04) (06) FAX (06) (05) FAX (05) (07) FAX (07)