IP and Legal Filings

SEPTEMBER 28, 2021

Thus, the COVID 19 pandemic has underlined the importance of waiving patents and other IP-related rights linked to healthcare products, vaccines, and scientific processes to ensure the accessibility of the same on a global level. TRIPS Council meeting, which was held on 20 th July 2021. Image Source:gettyimages].

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IP Related Rights Patent Technology 52

Kluwer Copyright Blog

DECEMBER 1, 2021

On 29 October 2021, the UK Intellectual Property Office launched a public consultation looking at how the copyright and patent regimes should deal with artificial intelligence. That call concerned patents, copyright and related rights, designs, trade marks and trade secrets. Photo by Rock’n Roll Monkey on Unsplash.

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IP Inventor Invention Intellectual Property 70

Kluwer Copyright Blog

JULY 16, 2021

The public consultation on the draft law, which ended at the end of May 2021, raised doubts concerning the compatibility of the project with the law of the European Union. In Part I of this blog post I described the draft changes to the Polish copyright law.

Copying 52

Copying Law Copyright Law Copyright 52

The IPKat

DECEMBER 17, 2021

The applicants alleged that the respondents were passing off its school shoes branded “shupavu” as those of theirs branded “Toughees” on account of the similarities in shape, design, features and general appearance. Notably the applicant had a right to be notified of the pending removal and extinction of the related rights in the trademark.

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Trademark IP Registering Trademarks Branding 96

Kluwer Copyright Blog

MARCH 14, 2022

Running from 29 October 2021 to 7 January 2022, the “ Artificial Intelligence and IP: copyright and patents ” consultation formed the latest round in an ongoing national conversation between the UK Intellectual Property Office (UKIPO) and interested stakeholders (see here ). A third alternative: the related rights approach.

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IP Public Domain Copyright Intellectual Property 60

Kluwer Copyright Blog

OCTOBER 3, 2022

The implementation of the CDSM Directive is still far from over, despite the fact that the implementation deadline passed more than a year ago, on 7 June 2021. WIPO, Agreement on diplomatic conference on Design Law Treaty. The copyright in these two titles expired at the beginning of 2021. Stay tuned! by Alexander Puutio. €

Copyright Law 114

Copyright Law Copyright Law Music 114

LexBlog IP

SEPTEMBER 1, 2021

Schiedmayer Celesta GmbH , [2020-1196] (September 1, 2021), the Federal Circuit affirmed the TTAB’s cancellation of Piano Factory’s registration on Schiedmayer for falsely suggesting a connection with Schiedmayer in violation of Section 2(a). In Piano Factory Group, Inc.

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Registration Music Branding Brands 52

Kluwer Copyright Blog

AUGUST 18, 2021

Public sector bodies are in principle barred from exercising their sui generis rights in information that is subject to the Open data and public sector information directive. The implementation deadline for the revamped directive has just passed (17 July 2021). But the Data governance act would do more.

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Government Database Right Intellectual Property Copyright 56

The IPKat

MAY 22, 2023

The use of AI technology to generate images or music and other creative works, has legal implications for copyright and related rights of creators and rightsholders. As the creative industry is responsible for 6% of the UK’s GDP, the dialogue is particularly important with regards to the protection of the rights of the creatives.

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Music Intellectual Property Copyright Technology 82

Kluwer Copyright Blog

JANUARY 31, 2023

“ YouTube II ” concerned the infringement of the right of communication to the public as per Article 3 of the Copyright Directive (2001/29) in relation to copyright and related rights in various music tracks.

Copyright Law 52

Copyright Law Copyright Law Copyright Infringement 52

The IPKat

OCTOBER 4, 2022

its pattern, trade mark or design) to determine whether it is genuine or counterfeit. This issue has also raised the question of how to strike the right balance between the respective interests and rights of intellectual property owners on the one hand and amateur creators, users and content sharing services on the other.

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Technology Publishing Social Media Intellectual Property 117

Kluwer Copyright Blog

MAY 11, 2023

Missed deadline and transposition In the same way as many EU member states, Ireland missed the transposition deadline (7 June 2021). The Irish legislative transposition finally became law on 19 November 2021. The key element to note here is that the Regulations are a type of secondary legislation, known as a Statutory Instrument.

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Copying Copyright Law Copyright Social Media 103

The IPKat

JANUARY 21, 2022

This is a review of Performer's Rights by the Rt Hon Sir Richard Arnold, Judge of the Court of Appeal of England and Wales. The book covers the rights of performers, particularly the rights conferred under Part II of the Copyright, Designs and Patents Act 1988 (as amended).

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Moral Rights Contracts Editing Related Rights 128

LexBlog IP

JUNE 28, 2023

This prevents the possible infringement of the exclusive right to reproduce a computer program provided for in article 42(2) of the Copyright Law, which belongs to the creator or author of the relevant program. In other words, it is the price of a program that has not been designed to cover the needs of a specific natural or legal person.

Copying 52

Copying Copyright Law Copyright Editing 52

Kluwer Copyright Blog

JANUARY 9, 2023

YouTube’s first Copyright Transparency Report 2021 – A step towards “factfulness” by Jan Bernd Nordemann. At the end of 2021, YouTube’s first Copyright Transparency Report 2021 (“Report”) was published. 17 DSM Directive 2019/790 (“DSMD”). . [The] Copyright law and football matches: impossible to match? Bernt Hugenholtz.

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Copyright Blogging Fair Use Reporting 95

IPilogue

JULY 8, 2021

On 19 April 2019, the European Parliament and Council adopted the Directive on copyright and related rights in the Digital Single Market. June 7, 2021 was the deadline for the member states to enact their national laws in accordance with the Directive. Tugce Kucukali is an IPilogue Writer and incoming LL.M.

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Copyright Copyright Law Due Diligence Law 106

SpicyIP

MARCH 15, 2022

The EU took the Intellectual Property route by introducing a related right under its copy right law. After a tussle with Facebook in 2021, Australia adopted News Media Bargaining Code. Australia and EU have taken different approaches to address the issue of making platforms pay for use of news content.

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Publishing Marketing Marketing Advertising 105

Kluwer Copyright Blog

NOVEMBER 24, 2021

According to the BGH, the specific design of the cards and consoles manufactured by the plaintiff constituted effective technical measures within the meaning of Section 95a (2) and (3) No. In the view of the BGH, an infringement of the film producer’s related right does not require that a copyright protected part had been used.

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Contracts Copyright Law Cease and Desist 98

Kluwer Copyright Blog

FEBRUARY 9, 2022

Collective licensing with extended effect covers various mechanisms in national copyright law to fill the gaps in the repertoire of the collective management organization (“CMO”), which can then conclude licences for works of right holders who are not affiliated to the CMO. 12 of the Collective Rights Management (CRM) Directive ).

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Copyright Licensing Art Publishing 52

Kluwer Copyright Blog

NOVEMBER 17, 2021

This first part covers the definition of a work, authorship and moral rights. Parts 2 to 4 will address exploitation rights, related rights, exceptions and limitations, copyright contract law and enforcement. Germany has always had an extensive judicial practice in copyright law. 2] BGH, 16 April 2015, GRUR 2015, 1189. [3]

Moral Rights 52

Moral Rights Law Copyright Copyright Law 52

Kluwer Copyright Blog

JUNE 6, 2022

With its ruling in Poland v Commission ( C-401/19 ) on 26 April 2022 the Court of Justice of the European Union (CJEU) dismissed an action to annul Article 17 of Directive (EU) 790/2019 on copyright and related Rights in the Digital Single Market (CDSM Directive).

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Copyright Settlement Law Copying 56