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The Access to Repair Parts Act
Manufacturers of certain goods with aesthetic qualities may currently seek design patent protection for those goods under ' 171 of Title 35, U.S. Code. To be patentable, a design must be new, non-obvious, and ornamental. Automobile manufacturers, for example, may seek design patent registration to protect the design of certain automobile parts or components. However, a newly reintroduced bill, the “Access to Repair Parts Act,” threatens this protection and could bar certain claims for design patent infringement if it is signed into law.
Reintroduced in Congress on June 25, 2009, the Access to Repair Parts Act would amend 35 U.S.C. ' 271 by effectively narrowing the definition of design patent infringement so that it would not be an act of infringement to make, use, or sell a part that “constitutes a component part of another article of manufacture,” if the purpose of the part is to repair the article and restore it to its original condition. This proposal would most affect manufacturers who produce goods that have component parts that are often replaced and for which there is a thriving market, such as automobile manufacturers. If the Act is signed into law, it appears that anyone who manufactures or sells replacement parts that are substantially similar or even identical to designs protected by a registered design patent could do so with little risk of infringing the patent.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?