SpicyIP

FEBRUARY 24, 2022

We’re pleased to inform you that Centre for Intellectual Property Studies, National Law University, Jodhpur is is inviting submissions from law students for the ‘NLUJ CIPS Inter College IP Research Essay Writing Competition, 2022’ on the theme ‘“IP and Youth: Innovating for a better future’. The NLUJ-CIPS Blog.

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IP Intellectual Property Moral Rights Blogging 129

IP and Legal Filings

MAY 13, 2024

The introduction and advancement of generative AI technology, which is capable of producing everything from research articles to realistic artworks, has brought a revolution in the field of creativity. This way of doing things with the help of generative AI technology carries numerous legal challenges of intellectual property violation.

Copyright 83

Copyright Intellectual Property Ownership Technology 83

The IPKat

NOVEMBER 23, 2023

Analysis The Cour de Cassation issued a brief but important decision here, focusing solely on the reading of article 2224 of the French Civil Code. The Kats fountain" Comment The application of article 2224 of the Civil Code to copyright infringement proceedings is not new. article 2224 of the Civil Code) must be applied.

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Copyright Infringement Copyright Moral Rights Intellectual Property 120

LexBlog IP

AUGUST 30, 2023

However, the Court rejected the action as: not legal, insofar as it concerned the protection of recipes as works of intellectual property; and unfounded, because recipes are assimilated to ideas and not to works enjoying copyright protection under Greek (and EU) law. dishes and seasonings) as works of IP. (1) Emphasis added.)

Intellectual Property 52

Intellectual Property Moral Rights Related Rights Art 52

The IPKat

OCTOBER 21, 2023

Basing itself explicitly on a combined reading of articles L.111-1 112-2-10 of the French Code of Intellectual Property (CPI), the court recalled in particular that a work of applied art could be protected by copyright provided that it is original. The Court explicitly relied on article 5.3 112-1 and L.112-2-10

Moral Rights 86

Moral Rights Cease and Desist Copyright Infringement Copyright 86

Kluwer Copyright Blog

JUNE 18, 2021

With the Beijing Treaty, any performance of literary or artistic works or expression of folklore is covered by intellectual property, independently from its nature or medium, including both fixed and unfixed works (live performances), acknowledging the creative activity of these performers in the same way as with regard to musicians and authors.

Related Rights 97

Related Rights Moral Rights Contracts Intellectual Property 97

Garrigues Blog

NOVEMBER 28, 2023

Article 92.1 of the Copyright Law ( LPI ) provides that it is the director — as co-author of the audiovisual work ex article 87 LPI—, and the producer, who have the final say on an audiovisual work, all in accordance with the agreement reached between both parties. Article 92.1

IP 52

IP Moral Rights Intellectual Property Copyright Law 52

The IPKat

JANUARY 30, 2022

DESIGNS The Düsseldorf Higher Regional Court (OLG Düsseldorf) 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.

Moral Rights 76

Moral Rights Database Right Designs Design 76

Olartemoure Blog

MAY 13, 2022

The Colombian government has notified the World Intellectual Property Organization ( WIPO ) a declaration modifying the amounts of individual fee to be paid regarding Colombia according to Article 8.7 La entrada OM Weekly Digest 12/05/22 se publicó primero en OlarteMoure | Intellectual Property. First Name.

Non-Fungible Tokens 52

Non-Fungible Tokens Intellectual Property Moral Rights Contracts 52

Biswajit Sarkar Copyright Blog

DECEMBER 27, 2022

Besides the economic rights provided by copyright, there are moral rights also provided to the copyright holder. India is a signatory to Berne Convention, and Article 6bis of this Convention provides for protection of moral rights which are also known as the paternity rights of the author or creator of the copyrighted works.

Copyright Infringement 52

Copyright Infringement Music Moral Rights Copyright 52

The IPKat

FEBRUARY 21, 2022

This Conference marks the 25th anniversary of the Boards of Appeal and will bring together leading intellectual property experts from multiple jurisdictions, representing a broad spectrum of professional interests with representatives from some of the leading IP offices, lawmakers, judges, academics, and lawyers.

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Intellectual Property Moral Rights Registration Editing 67

IIPRD

MARCH 1, 2023

Introduction A fundamental postulate of Intellectual Property Rights is due recognition and benefits to creators, innovators, and artists over tangible creations of their original ideas. However, re-sale rights exist as an exception to this rule.

Artwork 98

Artwork Intellectual Property Journalism Copyright 98

The IPKat

NOVEMBER 21, 2021

The World Intellectual Property Organization's (WIPO) annual WIPI report collects statistics as new indicators to inform the IP community, and The Fashion Law wrote an article about it. WTR has written an article about it! The annual review covers topics such as the definition of a work, authorship and moral rights.

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Blogging IP Moral Rights Copyright 73

IP and Legal Filings

MARCH 1, 2022

It is observed that often the intangible value exceeds the value of tangible components of the article. Furthermore, Article 31 (2) directs the states to protect and preserve the IPR of indigenous groups. Furthermore, Article 31 (2) directs the states to protect and preserve the IPR of indigenous groups.

Intellectual Property 66

Intellectual Property Branding Brands Branding 66

The IPKat

DECEMBER 12, 2023

This is a book review of Reforming Intellectual Property , edited by Gustavo Ghidini, Professor Emeritus, University of Milan and Senior Professor of Intellectual Property and Competition Law, LUISS University and Valeria Falce, Jean Monnet Professor in European Innovation Policy, European University of Rome. Yes, three!

Intellectual Property 73

Intellectual Property Intellectual Property Law Moral Rights Editing 73

Kluwer Copyright Blog

DECEMBER 18, 2022

Just like the Croatian legislator when implementing Article 15 of the DSM Directive. This inclusion was criticised as a redundant addition since newspaper articles are already considered literary works. Furthermore, it introduces an accompanying new moral right of attribution for the first source of the ‘news of the day’.

Moral Rights 102

Moral Rights Publishing Licensing Copyright 102

Intepat

DECEMBER 12, 2021

This article will discuss a topic related to the complex subject of “food plating” and how it is protected under copyright law. The dilemma is whether a chef’s aesthetic plating of a dish (who is also the original creator) may be protected under intellectual property rights.

Art 52

Art Copyright Artistic Work Moral Rights 52

TorrentFreak

AUGUST 26, 2022

A Bloomberg Law report says the Eleventh Circuit adopted a “heightened standard” towards CMI, with Trace Jackson, an intellectual property attorney at Rogers Towers, offering his understanding of what that means. “It ” Implications Moving Forward. The Eleventh Circuit opinion can be found here (pdf). ——-.

Moral Rights 129

Moral Rights Copyright Public Domain Copyright Infringement 129

The IPKat

DECEMBER 26, 2022

Indeed, relying explicitly on Article L. 111-1 of the French Code of Intellectual Property (CPI ) the court noted that (my own translation) "an intellectual creation can only be protected if it reflects the personality of its author, in other words if it is original (.)

Law 95

Law Copyright Infringement Moral Rights Copyright 95

The IPKat

DECEMBER 22, 2021

Later adherence leaped forward, not least as a consequence of the incorporation of the substantive provisions of the Berne Convention in the TRIPS Agreement in 1994 (except for the protection of moral rights) and, eventually in the 1996 WIPO Copyright Treaty (WCT).

Copyright 133

Copyright Moral Rights Copying Publishing 133

Kluwer Copyright Blog

DECEMBER 5, 2022

For instance, moral rights may be at stake, as well as alternative forms of protection that may limit the availability of works, such as cultural heritage-related rules or contractual provisions. When copyright is involved, both economic and moral rights issues are at stake. published in Grur. 2022, 618ff. by Edward J.

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Copyright Public Domain Art Moral Rights 103

JIPL Online

APRIL 9, 2021

iii] While intellectual property remedies are painfully slow, the internet is on the cutting-edge of fast paced communication. On one hand, those who view intellectual property rights as a limited monopoly would suggest that even derivative use of the content in a meme is infringement on the rights holder’s interest.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

Kluwer Copyright Blog

DECEMBER 20, 2022

This contribution is based on a paper published in 44 European Intellectual Property Law Review 595 (2022). . Photographs are included in Article 2(1) of the Berne Convention as copyrightable artistic works. By contrast, the author of a simple photograph is not granted any moral right. by Alexander Puutio. €

Copyright 56

Copyright Related Rights Artistic Work Public Domain 56

IP and Legal Filings

DECEMBER 6, 2022

Copyright is the cumulation of two words: “copy” and “right,” alternatively one may argue that copyright refers to the legal rights of the intellectual property’s real owner. Right to communicate the work to the public. [Image Source: Shutterstock]. LEGISLATION IN INDONESIA.

Music 74

Music Copyright Copyright Infringement Moral Rights 74

Garrigues Blog

MARCH 9, 2023

The intellectual work to the architect. However, an architect’s intellectual property rights in his/her work can conflict with the ownership rights in the built work creating a situation that is less than desirable for both, in which each may hamper the interests of the other. Is this viable?

Intellectual Property 52

Intellectual Property Moral Rights Copyright Designs 52

Traverse Legal Blog

SEPTEMBER 28, 2023

The reason for this caution is often the “ copyleft ” requirements in licenses like the GPL, which could force companies to make their code public if mixed with open-source code, putting their intellectual property at risk. But here’s where dual licensing comes in handy.

Licensing 52

Licensing Derivative Work Intellectual Property Moral Rights 52

Biswajit Sarkar Copyright Blog

AUGUST 16, 2022

Article 29 confers to minorities, the right to conserve their culture, Article 51A(f) creates a duty on all citizens to preserve the rich heritage of our composite culture. The Directive Principles of State Policy, has the provision for preserving environment in Article 48A which enables legislative steps in this regard.

Moral Rights 52

Moral Rights Copyright Law Blogging Copyright 52

Biswajit Sarkar Copyright Blog

AUGUST 16, 2022

Article 29 confers to minorities, the right to conserve their culture, Article 51A(f) creates a duty on all citizens to preserve the rich heritage of our composite culture. The Directive Principles of State Policy, has the provision for preserving environment in Article 48A which enables legislative steps in this regard.

Moral Rights 52

Moral Rights Copyright Law Blogging Copyright 52

LexBlog IP

AUGUST 22, 2023

I laugh at many articles about VARA cases, because invariably they point out that, “VARA jurisprudence is relatively rare.” Commissioning parties often present artists with a take-it-or-leave-it ultimatum: waive your VARA rights or forget about getting this job. ” That was true in, like, 1995.

Art 52

Art Moral Rights Law Intellectual Property 52

LexBlog IP

SEPTEMBER 28, 2023

The reason for this caution is often the “ copyleft ” requirements in licenses like the GPL, which could force companies to make their code public if mixed with open-source code, putting their intellectual property at risk. But here’s where dual licensing comes in handy.

Licensing 40

Licensing Derivative Work Intellectual Property Moral Rights 40

IP and Legal Filings

APRIL 19, 2023

Since it intrudes on their private life and right to privacy, celebrities and public figures have objected to this. Personality rights as such are not expressly stated in the Constitution, but in the case of Judge K.S. Union of India, AIR 2017 SC 4161 , privacy was acknowledged as a basic right under Article 21 of the Constitution.

Personality Rights 75

Personality Rights Privacy Moral Rights Copyright 75

Velocity of Content

MARCH 16, 2023

This article was originally published in The Scholarly Kitchen. The UK was in the vanguard of creating a non-commercial research exception for TDM, and, as I wrote in the Scholarly Kitchen last July, the UK Intellectual Property Office recently mooted an expansion to commercial use. This will be hard to defend.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

IP and Legal Filings

OCTOBER 11, 2022

The personality of a person is the medium through which he or she is identified and recognized in society and protecting their personality is a way of shielding their private property which is in the form of intellectual property. Indian Copyright Act, 1957 holds sway over India’s Copyright functioning.

Personality Rights 52

Personality Rights Artistic Work Trademark Copyright 52

Kluwer Copyright Blog

SEPTEMBER 1, 2021

113-2 paragraph 2 of the French Intellectual Property Code (“IPC”) defines a ‘composite work’ as ‘a new work in which a pre-existing work is incorporated without the collaboration of the author of the latter work’. In addition, Article L.122-4 In France, Article L.122-5, Derivative works under French copyright law.

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Derivative Work Copyright Law Copyright Law 107

IP and Legal Filings

JANUARY 22, 2024

Introduction The Intellectual property laws are designed in such a way that not only reward the creator of his intellectual creation thereby incentivising other creators for further innovation, while balancing the rights of the creator with the right of the society to access information or knowledge.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

Kluwer Copyright Blog

AUGUST 12, 2021

Since the ruling was handed down, the Advocate General’s opinion on the Polish request for the partial annulment of article 17 of the Directive on Copyright in the Digital Single Market (CDSM) has also been published. 82 of 2002 for the Protection of the Intellectual Property Rights (IPRs) (see also here ).

Copyright 103

Copyright Moral Rights Copyright Infringement Marketing 103

Kluwer Copyright Blog

OCTOBER 19, 2022

The courts of Member States seized to rule on a dispute must apply so-called ‘overriding mandatory provisions’ of their own national law (Article 9(1)-(2) Rome I Regulation ). to the extent that the contract covers significant acts of exploitation in Germany (Article 32b German Copyright Act ). Overriding mandatory provisions.

Contracts 52

Contracts Law Copyright Intellectual Property 52