Intellectual Property Law 2020: 3.5 General and 1 Dual
Description:
Topic included in this package are open source software, data privacy, trade secrets, trademarks lessons from the alcohol industry and various forms of available IP protection for the Cannabis industry.
This session will examine the growth of the alcohol industry and the resultant trademark issues so participants will better understand trademark issues in industries having rapid growth. Additionally, we will discuss the various issues the alcohol industry has had with its trademarks in the context of social media. Finally, we will review recent disputes over the names of alcoholic beverages and review lessons in how to handle trademark disputes.
Hemp and marijuana don’t differ from a biological standpoint; they’re the same plant, Cannabis sativa. Yet the law differentiates the two based on concentration of Δ-9-THC. This CLE will explore the various forms of available IP protection for the Cannabis industry, distinguishing between hemp and “marihuana.” We will focus on the pro and cons of plant patents, Plant Variety Protection Act certificates, utility patents, and discuss how they can be used in tandem to develop a strong IP portfolio. We’ll also examine strategies to obtain value out of trademarks despite the current “prohibition” on marks for food, dietary supplements, and cosmetics containing CBD or THC.
Has your inbox been full of notices about updates to privacy policies? You may have been wondering if you need to change anything about how you protect your own clients' and employees' data to comply with new data privacy and security laws. And, your clients have probably been asking whether they need to make changes since recent updates in U.S. and European rules. This session will discuss how U.S. law firms and businesses can determine whether and how to comply with the new rules, including an overview of the California Consumer Privacy Act (CCPA), General Data Protection Regulation (GDPR) in the European Union, and other relevant laws and court rulings.
The term "open source" in software is more accurately represented "31 flavors of less restrictive but still limiting bundles of permissions - cone or cup?" Unfortunately, few development teams truly appreciate that by using GitHub building blocks they exchange increased development speed for downstream securities vulnerabilities and intellectual property risks. This presentation surveys the rise in IoT, dependence upon open source tools, general practitioner advice for due diligence protocols, and reviews key cases around licensing and litigation.
This course will provide a brief overview of trade secret protection under the Tennessee Uniform Trade Secrets Act, followed by a discussion of the Defend Trade Secrets Act of 2016. Important decisions under the Defend Trade Secrets Act will be reviewed. The course will conclude with a discussion of practical tips for protecting trade secrets, based on the presenter’s experience as in-house counsel for a medical device company.
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