Posts Tagged: "IP Infringements"

IP and Sovereign Immunity: Why You Can’t Always Sue for IP Infringement

The overlap between sovereign immunity and IP issues is not something that comes up all of the time. However, when it does, the impact of the immunity can be significant. The law for certain matters, such as lawsuits in Federal court, is fairly well resolved. However, its application when new procedures are made available, such as for IPRs which were established in 2012, has provided new challenges and opportunities… So can the Federal or State government be sued for infringement under Federal patent, trademark, or copyright law? The answer often depends on the particular facts and specific legal issues of a dispute. That said, in most cases the answer is Yes for the U.S. Government and No for states and Tribal Nations, unless they have taken a specific action to waive immunity for that matter. A brief summary follows.

Legal Recourse Options After An IP Infringement Take Down Notice

When infringement claims are legitimate, Take Downs can be a useful mechanism for getting counterfeit or infringing products taken off the online retail platform website. In turn, sellers protect their hard-earned consumer brand confidence. However, not every seller in the online realm plays fairly, and countless honest and legitimate sellers have found themselves in a position where their products have been removed from online platforms for alleged IP infringement and they do not know what they can do about their situation… If there is an urgency to get back into the online marketplace – for instance, in order to participate in the Holiday shopping season – disadvantaged online sellers who have had their products unfairly removed from an online retail platform through a Take Down Notice need legal recourse, and they need it quickly.

Cloud Services Indemnification Promises and Pitfalls

As businesses rapidly outsource their IT functions to the cloud, customers seeking cloud computing or cloud services must understand the risks, especially when sensitive, regulated or confidential data is stored in the cloud. Sensitive data carries business risk and may be subject to a host of legal and regulatory requirements. Cloud service agreements usually are based on the cloud services provider’s standard form agreement… The customer must read the indemnification terms closely, not just for the explicit language in the agreement, but for what the customer is really getting from the cloud services supplier and whether the indemnification terms will be of any help to the customer’s business if sued by a third party.

IP Rights strategies for preventing and handling infringements in China

Securing IP rights in China has been a priority for companies selling or manufacturing in China due to the country’s singular attitude to intellectual property, which has been much abused. Today 84.5% of counterfeits originate in either China or Hong Kong, and as the world becomes progressively more connected alongside the rise of e-commerce and cross-border exportation capabilities, increasingly there is a need for IP protection strategies of all companies to be adapted to Chinese policies.