Kluwer Copyright Blog

APRIL 18, 2024

There is such a provision in current Article 10, mandating prohibitions of signal piracy in any regulatory framework. But Articles 6-9 promote exclusive rights. 3] The current chair’s draft contains a national treatment clause (article 5.2) See Hugenholtz 2023 Delete Article 6. Delete Article 7. Delete Article 8.

Public Domain 64

Public Domain Contracts Copyright Licensing 64

The IPKat

APRIL 22, 2024

Trier, Germany The Katfriends at the Academy of European Law (ERA) in beautiful Trier (Germany) are always busy organizing and running IP courses. Almost half of the course will be organised online. Participants can work using their own devices at home or in their offices.

Intellectual Property Law 62

Intellectual Property Law Intellectual Property IP Litigation 62

The IPKat

MARCH 11, 2024

This time, photos published on the Instagram account of singer and businesswoman Rihanna to celebrate her appointment as artistic director of the Puma brand did not go unnoticed [ More Rihanna here and here ]. Then the Court ruled on the breach of Article 7(1) of Regulation 6/2002. Handelsmaatschappij J.

Social Media 57

Social Media Designs Design Settlement 57

LexBlog IP

MARCH 4, 2024

47/2022 on the Taxation of Corporations and Businesses (Corporate Tax Law), establishes the legislative framework for imposing federal tax on corporations and business profits in the UAE. A person residing or conducting business in the UAE is considered a tax resident. Introduction: The Federal Decree-Law No.

Law 52

Law Registration Business Contracts 52

TorrentFreak

MAY 6, 2023

Police were alerted to Brockley’s activities in 2018, when BT reported the now-suspended Twitter account @Infinity_IPTV in connection with sales of illegal IPTV subscriptions. Police visited Brockley in 2019 and seized his laptop and mobile phone, which linked him to the Infinity IPTV Twitter account.

Reporting 109

Reporting Intellectual Property Copyright Business 109

IPilogue

FEBRUARY 22, 2023

This article was written as a requirement for Prof. Gone are the days when businesses were valued by their ability to market tangible goods. In 2019, they accounted for 91% of the S&P500’s value. In 2019, Canadians contributed 12% of the patents filed in Canada, whereas Americans accounted for half.

IP 106

IP Intellectual Property Reporting Marketing 106

TorrentFreak

MAY 12, 2023

“Most Voluminous” Copyright Decree Ever Issued in Vietnam Global IP services firm Rouse reports that with 8 chapters and 116 articles, Decree 17 is the most voluminous copyright decree ever issued in Vietnam. The new law requires ISPs to verify their customers’ identities when they first register for an account.

Intellectual Property Law 116

Intellectual Property Law Intellectual Property Copyright Infringement Copyright 116

Kluwer Copyright Blog

DECEMBER 12, 2023

As long as the AI-generated output reflects the author’s intellectual creation, their personal touch, the current framework may duly account for the ‘romanticised human author’ that sits at the core of copyright. However, TDM for commercial purposes under Article 4 may be opted-out ( see here ).

Copyright 78

Copyright Derivative Work Music Designs 78

The IPKat

APRIL 26, 2022

Like the AG, it held that Article 17 is a new liability regime (“ nouveau régime de responsabilité ”: para 20), whose various parts form a unicum whole. As such, it would not be possible to annul Article 17 in part: it should be either annulled as whole or not at all.

Technology 141

Technology Law Copyright Copyright Infringement 141

IP and Legal Filings

JANUARY 24, 2022

A foreign company can set up a business in India under the Companies Act, 2013 as a Wholly Owned Subsidiary, Joint Venture or Associate Company or by setting up a Liaison Office, Project Office, or Branch Office of the foreign Company. Issue of Permanent Account Number (PAN) of company. Bank Account Selection. INTRODUCTION.

Business 74

Business Registration Licensing Reporting 74

Patently-O

MARCH 26, 2024

Procedurally, Brady had filed a bill in equity against the major Boston-based ship builder, Atlantic Works, alleging infringement and seeking both an injunction and an accounting of profits. The circuit court initially ruled in Brady’s favor, sustaining the patent and referring the case to a master for an accounting. 438 (1883).

Invention 58

Invention Art Patent Designs 58

The IPKat

SEPTEMBER 23, 2023

Direct liability for Fruugo In respect of whether Fruugo could be liable for the purposes of Article 9(2) EUTMR, the Court’s analysis mainly revolved around the concept of “use”, which has not been defined in EU legislation but has evolved through case-law, and notably the CJEU’s decisions in L’Oreal v eBay (C‑324/09) and Coty v Amazon (C-567/18).

Advertising 133

Advertising Advertising IP Law 133

LexBlog IP

JANUARY 17, 2024

This is the first article in a new series about the CTA. The CTA requires specific business entities, referred to as “reporting companies,” to report specific information about the entity, its beneficial owners, and its “company applicants” (the individuals who helped create or register the entity in the US).

Reporting 52

Reporting Editing Business Ownership 52

The IPKat

DECEMBER 13, 2023

After the first DSM Directive-related referral from Belgium on the provisions concerning contracts of authors and performers [IPKat here ] , it is now the turn of Article 15 (the related right for press publishers) as implemented into Italian law. All this would serve to ‘foster the availability of reliable information’.

Related Rights 80

Related Rights Publishing Licensing Contracts 80

LexBlog IP

JANUARY 17, 2024

This is the second article in a new series about the CTA. Money Services Businesses This exemption includes any (a) money transmitting business registered with FinCEN under 31 U.S.C. § § 5330 or (b) money services business registered with FinCEN under 31 C.F.R. § § 1022.380.

Reporting 52

Reporting Ownership Business Government 52

Velocity of Content

NOVEMBER 18, 2021

While that is certainly part of sustainability, a technology or business only becomes truly sustainable when its potential to improve the planet is matched by a sufficiently motivating business imperative, as well as full social acceptance. We’re truly all in this together.

Publishing 89

Publishing Journalism Business Technology 89

43(B)log

DECEMBER 29, 2022

Nonetheless, MedSpa then uploaded the photo to one of its public Instagram accounts. Kogan posted a version of that same photo on to her public Instagram account with essentially the same hashtags. MedSpa repeatedly reposted the photo and shared it for articles published by a magazine and an online blog. False advertising: Same.

Blogging 59

Blogging False Advertising Advertising Advertising 59

Technology & Marketing Law Blog

JANUARY 4, 2024

The plaintiff sued 163 defendants for online marketplace sales and got an ex parte TRO, including Amazon account freezes. When defendant Hyponix appeared, the plaintiff voluntarily dismissed them (without prejudice) and unfroze their Amazon account. Then, the case fell apart. Proximate Damage. or April 18, 2023.”

Litigation 77

Litigation Patent Blogging Trademark 77

Kluwer Copyright Blog

SEPTEMBER 24, 2023

The Greek legislator, while implementing the CRM Directive , included in the Copyright Law an interesting (and unexpected) provision (Article 22 (2) Law 2121/1993) according to which certain public libraries (mostly academic and school libraries) were exempted of the exclusive public lending right. The remuneration is collected only by CMOs.

Copyright Law 117

Copyright Law Law Music Publishing 117

Corsearch

SEPTEMBER 28, 2023

Founded in 1999 by Jack Ma, the Alibaba company has grown to become one of the world’s largest and most influential online commerce businesses. One of Alibaba’s most popular platforms is Alibaba.com, a leading global wholesale B2B marketplace that facilitates trade between businesses from around the world.

Branding 59

Branding Brands Branding Intellectual Property 59

Technology & Marketing Law Blog

NOVEMBER 15, 2022

The case involves Instagram’s termination of an adult film star’s account despite her account content allegedly never violating the TOS). First, I will explain the status of lawsuits regarding online account terminations and content removals in the United States. The article analyzed all of the U.S.

Publishing 93

Publishing Government Contracts Law 93

IPilogue

JUNE 1, 2022

With more businesses developing and using AI-based automated decision-making (ADM) systems, algorithmic discrimination (at work , social media , or public services ) has been in the spotlight (in both the public and governments’ eyes). This article summarizes recent global privacy regulations focusing on algorithmic management.

Privacy 104

Privacy Social Media Ownership Business 104

IP and Legal Filings

JANUARY 31, 2022

In this article, we will discuss in detail the procedural aspect to set up Branch Office (BO), Liaison Office (LO), and Project Office (OP). Project office (PO): A Project Office means a place of business in India to represent the interests of the foreign company executing a project in India. Image Source: pixabay].

Due Diligence 73

Due Diligence Business Designs Design 73

LexBlog IP

AUGUST 29, 2023

This is the first article in a new series about the CTA. The CTA requires specific business entities, referred to as “reporting companies,” to report specific information about the entity, its beneficial owners, and its “company applicants” (the individuals who helped create or register the entity in the US).

Reporting 52

Reporting Ownership Editing Business 52

LexBlog IP

DECEMBER 20, 2023

Under Article 29, once 3 years has passed from the entry into force of the Act, DPSPs may not impose any charges on the customer for the switching process. Although Article 33(1) notes a number of broad requirements related to the obligation to provide sufficient descriptions for various elements of data (e.g. a cost recovery model).

Contracts 52

Contracts Business Law Journalism 52

IPilogue

FEBRUARY 24, 2023

This article was written as a requirement for Prof. Parliament has recognized the public’s need for a data framework that ensures proper transparency and accountability. [i] Where is the transparency or accountability? Egin Kongoli is a 3L JD Candidate at Osgoode Hall Law School. Pina D’Agostino’s IP Innovation Program.

Privacy 105

Privacy Government Law Technology 105

LexBlog IP

MAY 3, 2023

In this regard, Article 40 provides a new legal framework which requires VLOPs and VLOSEs to provide access to their data for the purpose of conducting research which will improve the detection, identification and understanding of systemic risks within the EU. Article 40(8) exhaustively defines criteria for vetting researchers.

Designs 52

Designs Design Confidentiality Business 52

The IPKat

JANUARY 7, 2024

Prada's Triangle pattern The EUIPO Examiner raised an objection pursuant to Article 7(1)(b) EUTMR – that is: lack of (inherent) distinctiveness – for most of the claimed goods and services. The BoA could not say, since Prada had “explicitly refrained from relying on Article 7(3) EUTMR”. Class 20: Shells; yellow amber.

Branding 89

Branding Brands Branding Registration 89

IPilogue

JANUARY 16, 2023

This article was written as a requirement for Prof. As I quickly learned, businesses that haven’t traditionally dealt with IP rights are facing a rising tide of related challenges as they seek to capitalize on new opportunities. Egin Kongoli is an IP Innovation Clinic Fellow and a 3L JD Candidate at Osgoode Hall Law School.

IP 103

IP Intellectual Property Law Intellectual Property Privacy 103

LexBlog IP

AUGUST 15, 2023

This article provides an in-depth analysis of the key laws and regulations that govern businesses operating within the DIFC, creating an optimal environment for financial services and related industries to thrive. This new framework accommodates the evolving needs of businesses and promotes entrepreneurial growth. Dubai Law No.

Government 52

Government Business Law Due Diligence 52

LexBlog IP

AUGUST 29, 2023

This is the second article in a new series about the CTA. Money Services Businesses This exemption includes any (a) money transmitting business registered with FinCEN under 31 U.S.C. § § 5330 or (b) money services business registered with FinCEN under 31 C.F.R. § § 1022.380.

Reporting 52

Reporting Ownership Business Government 52

Herbert Smith Freehills

JULY 6, 2022

This year, respondents said that the fourth greatest challenge to their business was reputational risk for clients in being associated with trust structures and offshore jurisdictions. The same article in Foreign Policy magazine estimates that " almost 50 percent of Russian wealth " is held, untaxed, in OFCs.

Editing 97

Editing Reporting Publishing Government 97

LexBlog IP

AUGUST 8, 2023

Governance policies are no longer a theoretical concept discussed in academic circles, but a business imperative for c-suite executives, founders, managers, and board of directors that carries substantial implications for companies across the globe. In this article, we will examine why AI governance matters.

Government 52

Government Privacy Intellectual Property Due Diligence 52

Traverse Legal Blog

AUGUST 8, 2023

Governance policies are no longer a theoretical concept discussed in academic circles, but a business imperative for c-suite executives, founders, managers, and board of directors that carries substantial implications for companies across the globe. In this article, we will examine why AI governance matters.

Government 52

Government Privacy Due Diligence Intellectual Property 52

Kluwer Copyright Blog

MARCH 18, 2024

In the new DSM Copyright Directive (Directive 2019/790/EU – DSMCD), these provisions served, among other things, as models for Article 18 of the DSMCD (Section 32 UrhG) and Article 20 of the DSMCD (Section 32a UrhG). The UrhDaG is the implementation of Article 17 DSMCD. In the course of the reform implementing Art.

Law 64

Law Copyright Law Copyright Contracts 64

The IPKat

MARCH 5, 2024

There, the CJEU ruled for the first time that a platform operator could be liable – on a primary (direct) basis – for acts of communication/making available to the public within the meaning of Article 3 InfoSoc Directive by facilitating the finding of unlawful content. This, as detailed, is not what YouTube mandates.

Copyright Infringement 76

Copyright Infringement Copyright Law Technology 76

The IPKat

JANUARY 31, 2022

Under article 8(1) of the Enforcement Directive (Directive 2004/48/EC) a claimant in infringement proceedings can request a court to order certain parties to disclose information. Analysis By its nature, article 8 Enforcement Directive causes friction between two different interests.

Intellectual Property 97

Intellectual Property Cease and Desist IP Copyright 97