Kluwer Copyright Blog

FEBRUARY 28, 2024

Photo by Emily Wang on Unsplash The UK’s attempt to deal with generative AI, training data and copyright law has taken yet another turn. Of course, their ongoing litigation makes them valid and attractive candidates to join these talks. For a full list, see here.

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TorrentFreak

OCTOBER 8, 2021

The filing described the filmmakers as “opportunistic litigants” that rely on “unsupported” liability theories. Specifically, Sharktech will use commercially reasonable tools to block the IP-addresses of several pirate sites including Pirate Bay, YTS, RARBG, and 1337x. “Pursuant to 17 U.S.C. 3) “RarBg” ([link]. (4)

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The IPKat

DECEMBER 16, 2022

She is Of Counsel at Eversheds Sutherland Italy in the IP and Commercial Department. She likes to work in international environments, especially cross-border and multi-jurisdictional litigation. Marcel enjoys litigation, in particular. You can learn more about Anna Maria here. Marcel Pemsel - Marcel is a German-qualified lawyer.

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The IPKat

JUNE 23, 2022

easyGroup Ltd v Nuclei Ltd [2022] EWHC 901 (Ch) (April 2022) Serial trade mark litigant easyGroup, the vehicle for Sir Stelios to seek to monopolise the word “easy” for travel and just about everything else, received some comeuppance before Mrs Justice Bacon. Muzmatch has since rebranded as Muzz.

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The IPKat

OCTOBER 6, 2021

If you see some tired patent litigators in the UK , it might be because there are an alarming number of applications for expedition of trials and issues, with a significant number being granted. In the UK Advanced Bionics sought to invalidate the patent and/or to establish that their product ‘3D device’ did not infringe ([1]).

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Kluwer Copyright Blog

APRIL 17, 2023

Nonetheless, the OGL has always been interpreted by the community and legal commentators as a good faith position statement, assuring users against any vexatious litigation. mandate a licence to Wizards of the Coast which permits ‘the perpetual, irrevocable right to use [those commercial works] in any way it sees fit without payment’.

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Kluwer Copyright Blog

DECEMBER 12, 2023

The ongoing lawsuits against generative AI tools in the US and the UK allege that tools such as ChatGPT directly infringe copyright-protected works ( see here , here and here ). However, TDM for commercial purposes under Article 4 may be opted-out ( see here ).

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TorrentFreak

SEPTEMBER 15, 2021

This type of scheme (often labeled ‘copyright trolling’ due to the generation of revenue through strategic litigation) exists in many countries around the world. In the UK, for example, many copyright holders have tested the waters in the past, sometimes with significant controversy. Warning Signs Appeared a Few Months Ago.

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The IPKat

FEBRUARY 1, 2022

A year ago, Neurim was successful in the UK trial ( [2020] EWHC 3270 (Pat) ) when its claims of infringement were accepted by the court and counterclaims on the invalidation of its patent were rejected, only to shortly thereafter see its patent invalidated in the EPO (patent EP 1 441 702).

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SpicyIP

JULY 7, 2021

(covered by Praharsh here ) Under this Ordinance, IPAB’s powers in respect of pending as well as fresh patents, trademarks, GI and Plant Varieties matters were transferred to the High Courts, while in case of copyright they were transferred to the Commercial Courts. before the court. Basheer more than a decade ago! Prabha Sridevan’s posts.

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SpicyIP

MARCH 27, 2024

So, we dive into the dispute over the role of scientific advisers versus expert evidence in IP litigation. In the Patent Court guide issued by the UK Government, it is explained that the English Patents Court utilizes a technical rating system ranging from Category 1 to Category 5. A little bit about the Indian paradigm.

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The IPKat

OCTOBER 25, 2022

Speakers will provide updates from the European Patent Office and the UK courts, look at developments in SPCs, and consider intellectual property in co-development and open innovation agreements. Registration is available here. For more information and to register, click here. More information on the panellists can be found here.

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Kluwer Copyright Blog

APRIL 25, 2023

This is more likely to be successful in jurisdictions that have a specific exception for user-generated content (such as Canada) or an open-ended system of copyright exceptions (such as fair use in the US) rather than a closed-list system of exceptions (such as EU Member States and the UK).

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Copyright Copyright Infringement Fair Use Intellectual Property 56

Herbert Smith Freehills

DECEMBER 8, 2022

Online retail, spurious climate claims, influencers and vertical agreements all on the agenda as UK and Europe moved to upgrade competition and consumer protection rules. The UK went one step further, listing wide retail parity obligations as a hardcore restriction under the VABEO, the domestic equivalent of the VBER. Read more. .

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Herbert Smith Freehills

DECEMBER 8, 2022

Online retail, spurious climate claims, influencers and vertical agreements all on the agenda as UK and Europe moved to upgrade competition and consumer protection rules. The UK went one step further, listing wide retail parity obligations as a hardcore restriction under the VABEO, the domestic equivalent of the VBER. Read more. .

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Social Media Branding Brands Branding 52

SpicyIP

SEPTEMBER 18, 2023

His predominant areas of practise are Arbitration, Commercial and Intellectual Property Laws. Hons) LLB from NALSAR, Hyderabad in 2011 and MSc from Oxford, UK in 2012. This will ensure that if there is any chance of pre-litigation settlement between the parties then the same is exhausted before the parties enter the litigation arena.

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The IPKat

AUGUST 1, 2023

Background This case concerns the latest instance of litigation brought by Lifestyle Equities (Lifestyle), a licensee of the BEVERLY HILLS POLO CLUB mark, against another polo clothing company – this time the UK-based Royal County of Berkshire Polo Club (RCB).

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Branding Brands Branding Marketing 52

43(B)log

AUGUST 12, 2022

If failed, online dispute resolution/court litigation. Commerciality requirement? Quotes SD Fla: “the mere act of misappropriating the p’s identity may be sufficient evidence of commercial value to survive even a motion for summary judgment.” Commercial value = damage; control; dignity. AI can do preliminary recognition.

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The IPKat

FEBRUARY 21, 2022

Topics include access and substantial similarity, fair use, performers’ rights, moral rights, expert testimony, the role of lay listeners, sound sampling, as demonstrated in dispositions of litigated and settled infringement disputes. The event will take place on 18 March 2022 from 1:15pm to 7:00pm (CET) and registrations are open here.

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SpicyIP

FEBRUARY 9, 2023

Supreme Court of India , which dealt with issues of confidentiality, privacy (prior consent) of litigants and witnesses, restrictions on access to proceedings of trials and the preservation of the larger public interest due to the sensitivity of the proceedings. These are based on the principles set forth in Swapnil Tripathi v.

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SpicyIP

MAY 3, 2023

However, in contrast to frequently litigated matters such as infringement of copyright, the concept of moral rights has not been meaningfully considered in Indian jurisprudence more than a handful of times (discussed below). The integrity right can be exercised by legal representatives of the author as well. In Mannu Bhandari v.

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The IPKat

AUGUST 16, 2021

Merpel does not like this form of taxi Friend of the Kat and Legal Head of Delivery for Gett in Moscow, Konstantin Voropaev has been following some developments out of Kazakhstan relating to an uptick in litigation in the taxi-app space. Because G-Taxi’s commercial affairs in Kazakhstan appear quite vague. So what is going on?

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JIPEL Copyright Blog

MARCH 24, 2022

Dozens of newly launched companies have started to patent these compounds and rapidly advance them toward FDA approval and commercialization. Even meritless patents that would be overturned if later challenged can have a chilling effect on competitors who cannot afford to pay the costs of litigation. .

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The IPKat

FEBRUARY 3, 2023

Katfriends Adrian Aronsson-Storrier and Oliver Fairhurst from Lewis Silkin report on recent litigation in the UK against the developers of AI generation software. This litigation has arisen amongst a flurry of recent interest in AI generated works. What is AI image generation software?

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IP and Legal Filings

JANUARY 2, 2024

Commercial and corporate laws, including company law, taxation laws, labor laws, employment laws, and security laws, have evolved to regulate entrepreneurial activities in the economy. This resulted in the default in the repayment of the loans and a liquidity crunch, as a result faced litigation from the creditors.

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Business Reporting Marketing Marketing 82

The IPKat

MAY 12, 2023

These versions, known as InSPC v1, were demonstrated to a potential commercial partner in the US - CyberMetrics. Thus, PQ had to decompile the object code via commercially available de-compiling software. Thus, in Cantor Fitzgerald International v Tradition (UK) Ltd [ 2000] RPC 95, at p.193,

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Copyright Infringement Copyright Confidentiality Copying 67

Kluwer Copyright Blog

OCTOBER 30, 2023

Photo by Steve Buissinne via Pixabay The UK High Court has held that Lidl’s rights in the Lidl logo were infringed by Tesco’s Clubcard Price(s) signs ( [2023] EWHC 873 (Ch) ). The parties The parties are well-known competing supermarkets in the UK. Specifically, the court made the following findings.

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The IPKat

JULY 5, 2021

The IPKat also hosted its joint-panel with LSE with stakeholders on all sides and at all levels of the issues then before the CJEU aimed at cutting through the noise to get to the heart of the commercial origins of the dispute and what may be the commercial solutions. meaning no answers from the CJEU. 5 More guidance please!

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SpicyIP

OCTOBER 31, 2023

Another remedy provided by the Indian Patent Act is under Section 92 where the Central Government can grant a CL suo moto in cases of national emergency, extreme urgency, or public non-commercial use. The question then arises, what are the criteria to determine “extreme” or “national” urgency?

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The IPKat

JUNE 25, 2021

Chapter 10 titled ‘Tacit knowledge and university-industry technology transfer’ by Peter Lee highlights the fact that effective technology transfer oftentimes requires significant knowledge exchange between the academic and commercial entities in parallel to any patent licensing. by Teo Firpo and Michael S Mireles.

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Intellectual Property Technology Higher Education IP 52

43(B)log

FEBRUARY 22, 2021

Pezza: Civil law legal systems don’t require fixation; UK CDPA requires works to be “recorded”; US requires fixation. UK has a closed list of subject matter; you can’t protect something that isn’t on the list. Are most of the producers doing individual hand made works or are there big commercial producers?

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Kluwer Copyright Blog

FEBRUARY 28, 2024

Photo by Jakayla Toney on Unsplash The case recently brought against OpenAI by the New York Times is the latest in a series of legal actions involving AI in the United States, and mirrored in other countries –notably, the UK. In this regard, an important precedent lies in the history of US litigation involving Google Books.

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The IPKat

AUGUST 17, 2023

Indeed most IP litigators practicing in the UK have never had the pleasure of navigating what is now the King's Bench Division (KBD), spending most of their life in the comparatively modern Chancery Division. 1872) The cat - Felis domesticus.,

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Confidentiality Contracts Business Litigation 52

Kluwer Copyright Blog

AUGUST 13, 2023

The UK approach focuses on guidance for specific sectors and risks. Instead of assigning responsibility for AI governance to a new single regulator, the UK Government is empowering existing regulators to come up with tailored approaches for specific sectors. and others v. Stability Al Ltd. case number IL-2023-000007). and Awad M.

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Kluwer Copyright Blog

AUGUST 22, 2023

4 CDSMD, we decided to investigate Stock Images providers for two main reasons: the recent litigation started in the US and UK promoted by a large stock images platform, and the fact that some of these companies already provide commercial options for training purposes. Springer, SAGE, Wiley and Elsevier). Pexels and Pixabay).

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The IPKat

SEPTEMBER 4, 2023

The EUIPO published The Baseline of Trade Secrets Litigation in the EU Member States in 2018. On 28 June 2023, the EUPIO published the follow-up report , Trade Secret Litigation Trends In The EU , focusing on trends in trade secrets litigation since the implementation of the Directive.

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SpicyIP

JANUARY 25, 2024

Template from Nokia’s timeless “hands” commercial (see here ) In a major development, all the patent disputes (including the 5G SEP dispute) between Oppo and Nokia stand settled as both parties enter into a cross-licensing agreement.

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