Nothing More Fun for Kids Than Crafts

Nowadays many kids are given computers, ipads, tablets etc for "entertainment." And for "construction crafts" they get lego kits that make specific objects. In all honesty, nothing beats scissors, tape, glue, papers, stapler, crayons, string etc that have no instructions at all.

My kids grew up with minimal toys but lots of these sorts of crafts. I'm glad to see the younger generation also enjoying using hands and imagination.

Has Mexico missed the mark on its new opposition system?

Mexican trademark practice has been amended to allow for a form of opposition system. Laura Collada, of the firm of Dumont Bergman Bider & Co., in located in Mexico City, suggests that these changes may not have achieved the purposes for which they are intended.

"Kat readers may be aware that Mexico has been working on the creation of a Trademark Opposition system for some time, in order to help bring the country in line with global best practices for trademark examination. On June 1, 2016, an amendment to the Mexican IP law was published in the Federal Official Gazette, which will implement this long-awaited opposition system, as of August 30, 2016. However, the system that was ultimately approved seems more akin to the EUIPO’s so-called observations process for third parties (with or without any legal interest) than to a standard opposition proceeding. Key provisions of the opposition system are as follows:

• A trademark application will be published no later than 10 days after filing.

• Oppositions must be filed within 30 days after publication.

• Oppositions may be based on absolute and/or relative grounds.

• All arguments and possible evidence must be included in the opposition, as there will be no opportunity to file further arguments or evidence. • The Opposer will not be recognised as a third interested party.

• The examination of the application will continue alongside the opposition, i.e. the application will not be suspended.

• The Examiner is not obliged to take into consideration the arguments of the opposition.

Against this backdrop, this amendment will allow third parties to submit information as to why the trademark should not be registered, but such persons will not become a party to the opposition proceeding. Indeed, the Mexican Institute of Industrial Property (IMPI) will have no obligation to even consider the information submitted. As such, this would seem to constitute an exception to the general rules of procedure applicable in Mexico, because the so-called opposition will not be binding upon IMPI. The wording of the amendment says that “the examiner may take into consideration” the information submitted, rather than “shall take into consideration”, thus implying that the examiner may choose to disregard it. It further remains unclear whether the opposing party will have a right to file an appeal against the registration of a mark against which an opposition was filed, inasmuch as no formal opposition decision will be issued.

At a recent event organized by the Mexican group of the International Association for the Protection of Intellectual Property (AIPPI), IMPI officials advised that “promptly after granting registration of an application against which an opposition was filed, the certificate will be issued and the registration published in the Gazette, upon which the opposing party will be informed about the grant by means of an official accord”. At this point, one would have to seek cancellation of the registration, as there is no possibility of revoking registration once it is published in the Gazette, except by way of a cancellation. It still remains unclear whether the opponent or the applicant, will have access to the right of appeal. Finally, the period for filing an opposition is only 30 days, while most systems provide for at least 60 days.

While the amendment is a first step that may ultimately allow for more thorough examination, one can’t help but wonder what was the point of it. In particular, U.S. and European brand owners may well be disappointed, since they are accustomed to more robust opposition proceedings. It is clear that IMPI did not want to sacrifice examination timelines, but a quality trademark register seems more important in the long run. Nevertheless, now that the amendment has been approved and the new provisions will be effective, as of August 30, 2016, there is little hope of changing it, at least for the time being. Still, filing an opposition under this new scheme will be less expensive and more potentially more efficient than trying to invalidate a mark that has already been registered. As far as providing a sure fire means of thwarting attempts to register confusingly similar marks though this does not seem to do the trick."

Walton Primo NH price in US and specification

Walton Primo NH	Rating of Walton Primo NH	Price
	-Quality 74% Good -Technology 78% Good -DEsign 72% Good -Performance 76% Good	BDT 7,390.00/= TK.
Average	75.00% Good

At a glance of http://pinkberrylicious.blogspot.com /2015/02/all-walton-smartphone-price-in.html" rel="nofollow">Walton Primo NH

• 2G (GSM)/ 3G (HSPA)/ 4G (NO)  network with Dual (Stand-by/Micro/Mini) Sim 
•  Android Marshmallow (OS) v6.0 operating system 
•  Quad-core processor 1.3 GHz 
• 8(BSI) MP back and 5(BSI) MP front camera  
•  Multitouch, IPS Capacitive 16M colors 5.5 inches large display 
• Mali-400 Graphics Processing Unit
• Internal 16 GB, Card slot 64 GB and 2 GB Ram 
•  Li-ion (Removable) 2800 mAh Battery

Key Features	Specification	Specification
Product	Brand	Walton
	Type	http://pinkberrylicious.blogspot.com /2014/11/best-and-latest-smartphone-price-in.html" rel="nofollow">Smartphone
	Model	Walton Primo NH
	Announced	On August, 2016
	Release	On September, 2016
General	Network	2G (GSM)/ 3G (HSPA)/ 4G (NO)
	Sim	Dual (Stand-by/Micro/Mini) Sim
	Multimedia	MP3, MP4, FM radio, Loud speaker, 3.5mm Headphone jack, Vibration and MP3 ringtones Alart types
Important Feature	CPU	Quad-core processor 1.3 GHz
	Operating System	Android Marshmallow (OS) v6.0
	GPU	Mali-400
	Memory	Internal 16 GB, Card slot 64 GB and 2 GB Ram
	Sensor	Accelerometer (3D) sensor, Light sensor, Proximity sensor
	More Feature	SMS, MMS, Email
Display	Type	Multitouch, IPS Capacitive 16M colors display
	Size	5.5 Inches
	Resolution	HD 720 x 1280
	PPI	267 ppi
	Protection	-
Camera	Resolution	8(BSI) MP back and 5(BSI) MP front camera
	Pixel	3264 x 2448 pixels
	Feature	Auto focus, LED Flash, HDR, Touch focus, Panorama, Face beauty
	Image	Lighted
	Video recording	Yes,HD 1080p
	Zoom	Yes
Power Management	Battery	Li-ion (Removable) 2800 mAh Battery
	Battery performance	Stand by : Talk Time : Music Play :
Connectivity	GPRS	Yes
	EDGE	Yes
	WLAN	Wi-Fi Hotspot
	Location	GPS, A-GPS
	Bluetooth	Yes, v4.0
	USB	Yes, v2.0
	OTA	Yes
Body	Dimensions	154 x 77 x 10.5 mm
	Weight	173 grams (with battery)
	Color	Golden and Grey
	Price	BDT 7,390.00/= TK.

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SUPER KAT-EXCLUSIVE: Here's text of draft Communication on promoting a fair and efficient European copyright-based economy

The pieces of the (copyright) puzzle are being composed day after day. 

After the leaked draft version of the Commission Staff Working Document - Impact Assessment on the modernisation of EU copyright rules and yesterday's Kat-exclusive draft version of the forthcoming Directive on copyright in the Digital Single Market, today - thanks to another Katfriend - is the turn of the draft Communication from the Commission on Promoting a fair and efficient European copyright-based economy in the Digital Single Market.

The Communication, together with the Impact Assessment, the Directive, and a proposal for a Regulation [leaked here] containing a review of the SatCab Directive [here and see further below] should be part of the copyright package that the Commission will unveil later this month.

A new Regulation

This new Communication will accompany the Directive on copyright in the Digital Single Market, and also "a proposal for a Regulation laying down rules on the exercise of copyright and related rights applicable to certain online transmissions of broadcasting organisations and retransmissions of television and radio programs".

More specifically, the rules in the forthcoming Regulation, "inspired by the ones existing in the Satellite and Cable Directive [ie the principle of country of origin], will make the clearance of rights simpler and faster for certain online services by broadcasters as well as IPTV and similar re-transmission services. These rules should be seen as a facilitating mechanism to help the evolution of the market and provide better access to works across borders in order to promote consumer choice, dissemination of European productions as well as cultural diversity." [and possibly also assimilate OTT services to traditional broadcasters ...]

Freedom of panorama ... to be left to Member States

The draft Communication also tackles the content of the Directive on copyright in the Digital Single Market and, in relation to exceptions and limitations, it states that "[f]ollowing up on the analysis of the [still unknown] results of the public consultation on the "panorama exception", the Commission confirms the relevance of this exception. 

While the Commission does not intend to make it mandatory at this stage, it "strongly recommends all Member States to do so."

'Ancillary copyright' and value gap

With regard to the new right in publications envisaged by the draft Directive on copyright in the Digital Single Market [Article 11], the draft Communication states that this "will give news publishers legal certainty and additional bargaining power in relation to online services using and enabling access to their content."

With regard to the so called 'value gap' [addressed by the draft Directive in Article 13 and Recital 39], the measures envisaged "will also reinforce the position of right holders to negotiate and be remunerated for the online exploitation of their content by online services storing and giving access to large amounts of content uploaded by their users".

Fair remuneration for authors and performers

With regard to this issue [addressed fairly loosely in the draft Directive, to be honest], "authors and performers will benefit from increased transparency on the exploitation of their works and performances and from improved capability to receive appropriate remuneration".

Online IPR enforcement

In relation to this issue, the draft Communication clarifies that, further to the presentation of the outcome of its evaluation in Autumn 2016, the Commission will propose "the necessary amendments to the legislative framework" in due course.

Finally

The draft Communication announces that the Commission will work towards ensuring a wider access to online dissemination of European works, and a more competitive and sustainable European audiovisual industry.

***

The text of the draft Communication is available here.

The Misconception Surrounding Making Money With Website By Mare Large Web visitors (Traffic)

Even as of today, many people out there still don’t really know how a website generate fund or how people make money online in general.

Many still have the opinion that website owners make their money whenever they attract web visitors to their sites even without the visitors taking any action and that the more the visits the higher the webmaster earn.

They believe that anytime a web surfer visits any website that the website owner’s account (bank account or online account) is being credited with some amount of money and that the more people visits that the website owners are often smiling to the bank to cash out.

Though, it is not a strange misconception as even some of the webmasters out there have once nurtured similar idea in their early stage.

But those that are knowledgeable about the online businesses and how website owners earn money with their sites know quite well that a plain website (not monetized) will never and cannot earn the owners a dime even if the site attracts millions of visitors and pageviews every day.

And that it is a pure misconception that all website owners out there earn money by just attracting visitors to their plain websites.

Maybe after reading some of the lines above, your next question will be; how then those website owners truly generate fund to their website?

Must Read: http://pinkberrylicious.blogspot.com /2014/04/5-major-challenges-facing-internet.html" target="_blank">5 major challenges facing internet entrepreneurs 

And yes the answer is simple! For a website to generate any form or size of income, that particular website must be monetized, and it is only then that the number of visitors count can be a potential determinant factor on how much the website can generate.

The 98% of website on the internet today generates their income mostly by one form of online advertisement.

This online advertisement could come in the form of third party affiliate product marketing, contextual ads placement from ad network providers, own-products advertising etc.

Finally, it is now time to banish the idea that website owners generate cash by just attracting web visitors to their site even without monetization.

Thursday Titbits

Applied arts under IP LAW: the uncertain Border between Beauty and Usefulness.

All work and no play makes a dull Kat

IP addict looking for a last minute summer holiday? Look no further than the Association Littéraire et Artistique Internationale congress running 14-15 September in Rome. The organisers say: "these two days – focused on Applied Arts and the Law – find their epitome in Fontana di Trevi, just a few steps away from the Congress venue. ALAI Congress proposes to analyze the different forms of protection granted to arts applied to the industry, with reflections on the 3D Technology and its impact on IP paradigms." Registration details here. The event coincides with the 75th anniversary of the Italian Copyright Act, enacted on April 22, 1941, one of the world's longest standing copyright laws

MIP European Patent Reform Forum, taking place in Munich on September 6 and in Paris on September 8.

With apologies for the last minute nature of the invitation: "Managing IP invites IPKat readers to attend the MIP European Patent Reform Forum, taking place on 6 September in Munich at the Charles Hotel and on 8 September in Paris at the Pullman Paris Eiffel Tower Hotel. Members are invited to join over 200+ patent counsel and private practice to discuss the latest in European patent developments and there's even more reason for IP professionals to join the event this year. With a momentous couple of months in the UK post-Brexit, there are of course many questions and concerns from patent owners regarding the introduction of the UPC." Registration is still open - see here.

The present and future of data mining and data sharing in the EU.

Registration is still open for this event at the University of Southampton on 23 September. The aim is to bring together academics, practising lawyers, data scientists and industry actors to explore current and future data mining and data sharing practices in the European Union. More information here.

IP awareness survey

The UK Intellectual Property Office has released its third Intellectual Property Awareness survey. The 2015 report spans a cross section of UK businesses covering all industry sectors and business sizes. This year, researchers posed the same questions to businesses that have engaged with the IPOs outreach program (IP engaged businesses). 66% of the IP engaged respondents had protected some sort of IP (either through a single right or a combination). This compares with 52% for respondents in the wider business population. 28% of firms in the IP engaged community provide staff training on IP. This is 10% for firms responding to the main survey.

United States Patent and Trademark Office (USPTO) launches Cancer Moonshot Challenge

The Cancer Moonshot Challenge aims to enlist the public’s help in leveraging patent data to reveal new insights into cancer research through visualization and interactive mapping. The competition challenges participants to use the Cancer Moonshot Patent Data, a data set of roughly 270,000 cancer-related patent documents, to build meaningful visualizations and analytical tools that can guide public policy and research. The competition will conclude on September 12, 2016, and winners will be announced September 26, 2016. You can find information about how to enter here.

A plea for a German translation of the Bundesgerichtshof decision in on the patentability of methods for detecting a biomarker (FLT3)

Jonathan Liddicoat, Post-Doctoral Research Associate at the University of Cambridge, writes:

"Earlier this year, the Bundesgerichtshof decided a case on the patentability of methods for detecting a biomarker (FLT3). Although the warm weather has motivated this researcher to stretch his paws out to the wonderful world of German patent law, the language barrier is a little too high to jump. There are a few commentaries on this case in English, but what I really need is an English translation of the whole thing. Readers of the IPKat have a well deserved reputation for depth of knowledge and erudite discussion, but can anyone help me by sending through an English translation of this case? The German version can be found here. Of course, if anyone has expertise in this case, I’d love to chat and potentially collaborate on some work."