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Around the IP Blogs

The IPKat

It's time for a weekly review of posts from the surrounding IP blogs over the past week! In addition, potential and tangible intersections between intellectual property and these trending topics were recently discussed by The Trademark Lawyer Magazine. This article provides an overview of the current trends in the U.S.

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A Closer Insight into Copyright related Issues in the Position Statement of the Max Planck Institute for Innovation and Competition on the Commission’s Proposal for a Data Act

Kluwer Copyright Blog

The Institute acknowledges that the Data Act Proposal seeks to strike a balance between promoting access to and sharing of IoT data and protecting other conflicting rights. This post focuses on selected copyright and related rights matters that the Institute details in its Position Statement. Key coordination issues.

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Never Too Late: If you missed the IPKat the past 2 weeks!

The IPKat

DESIGNS The DĂĽsseldorf Higher Regional Court (OLG DĂĽsseldorf) sent a referral to the CJEU (Case C-684/21) on the role of alternative designs in the examination of Article 8(1) of Regulation 6/2002. SpecialKat Hayleigh Bosher reviewed " Performers' Rights " by the Rt Hon Sir Richard Arnold, Judge of the Court of Appeal of England and Wales.

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Opinion of the European Copyright Society on selected aspects of the proposed Data Act

Kluwer Copyright Blog

35) to reduce the availability of IP rights over some datasets is welcome. The revision of the Database Directive that is included in the Data Act does not address the status of public sector data nor does it enable access and use of data for research, but it should. Intellectual Property Law in China, 2nd edition.

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Please share nicely — From Database directive to Data (governance) acts

Kluwer Copyright Blog

Fast forward and see: The Database directive stands unchanged and there is still no clear evidence that the then-new intellectual property right is an effective instrument. So effectively, the 2013 directive already curtailed public sector bodies’ copyright and sui generis rights in data.

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Top 10 Posts on the Kluwer Copyright Blog in 2022

Kluwer Copyright Blog

Article 17 survives, but freedom of expression safeguards are key: C-401/19 – Poland v Parliament and Council by João Pedro Quintais. [T]he This post provides a refresher on the contents of Article 17, followed by a brief highlight of the main takeaways to kick-off the discussion. A vanishing right? Part II is available here.

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EU copyright law round up – second trimester of 2022

Kluwer Copyright Blog

Polish challenge of Article 17 CDSM, C-401/19. On 26 April 2022, the CJEU finally derlivered its judgment, the main focus of which was the Polish challenge of Article 17 of the CDSM Directive. The CJEU upheld the provision, subject to its interpretation in light of fundamental rights. You can read the previous round-ups here.