IP and Legal Filings

JANUARY 23, 2023

The copyrights Act includes computer programmes and electronic communication, however this has been viewed as a grey area. Following the 2012 revision to the copyrights Act, it was made clear that Internet activities were also covered by the copyright law.

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Non-Fungible Tokens Copyright Intellectual Property Ownership 77

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. Overview of the Egyptian Copyright Law.

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Copyright Moral Rights Copyright Infringement Marketing 103

The IPKat

MARCH 7, 2022

[T]here is a compelling reason why the name or title of a book cannot be a trademark, which stems from copyright law. Unlike a copyright that has a limited term, a trademark can endure for as long as the trademark is used. Or, one can simply refer to it as McDonalds. Come on, Kat', says Merpel.

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Kluwer Copyright Blog

MARCH 28, 2023

Niklas Jansson, Public domain, via Wikimedia Commons On 30 December 2022, the Italian Supreme Court ( Corte di Cassazione ) issued an order that intervened again on the interpretation of the quotation exception under Article 70 of the Italian Copyright Act ( l. Today, Italian law, following the implementation of Art.

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Copyright Intellectual Property Copyright Law Art 63

The IPKat

SEPTEMBER 15, 2022

In the spring and summer of 2022, following the international sanctions imposed upon Russia after its invasion of Ukraine, Russia introduced several landmark changes to its IP law, most notably to patent, trademark and copyright laws. International license.

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IP Branding Brands Branding 132

Kluwer Copyright Blog

JUNE 8, 2022

This two-part blog post offers a reflection on the topic of content moderation and bias mitigation measures in copyright law. The focus of our analysis is on those elements of the EU copyright acquis that create conditions for access and reuse of non-personal data and that could therefore play a role in the propagation of bias.

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Biswajit Sarkar Copyright Blog

JULY 19, 2022

What is copyright infringement? Unauthorized use of a work protected by copyright is referred to as copyright infringement. Thus, it is the unauthorised use of someone else’s copyrighted work that violates the owner’s rights, such as the right to reproduce, distribute, exhibit, or perform the protected work.

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Copyright Infringement Copyright Public Domain Copying 52

43(B)log

NOVEMBER 3, 2023

Justices asked Multiple questions about copyright law: even experienced lawyers may conflate copyright and trademark. But I didn’t hear ignorance; I heard Justices seeking to write an opinion reversing the Federal Circuit limited to TM law and asking for guidance on how to do so. Or abortion. A: Agreed on point of sale.

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LexBlog IP

JANUARY 16, 2024

It seems that one of the intended purposes of the obligation to disclose training data is to enable better enforcement, through an ex-post tool, of the above-mentioned opt-out mechanism under Article 4 of the Copyright Directive. In any event, it remains to be seen what requirements will be included in the final EU AI Act.

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SpicyIP

NOVEMBER 16, 2023

This app, as they claimed, is unique in that it combines a stock market trading feature alongside fantasy gaming, something that they said was non-existent in the market prior to its app. The matter found itself back in court, before the Division Bench (DB), in less than a month though.

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Copyright Marketing Marketing Copying 59

Kluwer Copyright Blog

MARCH 8, 2023

4996/2022 in November 2022 ( ΦΕΚ Α´ 2022/24.11.2022 ), which amended the basic Greek Copyright Law ( L. 2121/1993 on “Copyright, Related Rights and Cultural Matters” ), as well as L. 4481/2017, on “Collective Management of Copyright and Related Rights” ( ΦΕΚ Α’ 100/20.7.2017 ). 15 of the CDSMD. More specifically, Art.

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Kluwer Copyright Blog

APRIL 20, 2022

Accordingly, the proposed right is intended to incorporate the entire catalogue of copyright exceptions, the Swedish freie Benutzung provision in section 4, uses of unprotected content (for example which are in the public domain) and licensed uses (Ds 2021:30, pp. 1997/98:15, p. 79, the BBS case ).

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Copyright Intellectual Property Law Public Domain Copyright Law 56

Technology & Marketing Law Blog

JUNE 20, 2023

To fully understand these conflicting views of the majority opinion, it is necessary to understand both the specific facts of the case and the history of the Supreme Court’s case law concerning the fair-use doctrine. In copyright opinions, courts routinely discuss the four factors in numerical order before reaching a conclusion.

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IP and Legal Filings

JANUARY 29, 2023

It is to be made sufficiently clear that the aforementioned creations ought to be original and independent, rather than a slightly altered version of the creation already in the public domain, to instill looking into the prospects of copyrightability. GSPR (2021) 131 Zhaoxia Deng, Illegal To Play? & Tech.

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Copyright Ownership Publishing Copyright Infringement 77

Kluwer Copyright Blog

APRIL 28, 2022

Tuesday’s long-awaited ruling in Case C-401/19 finally brings some clarity to the almost three-year-long discussion about the implementation of Article 17 of the Copyright in the Digital Single Market Directive (DSM Directive). 193, endorsed by the Court in para.

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Copyright Law Intellectual Property Law Public Domain 108

LexBlog IP

DECEMBER 14, 2023

1] In light of criticism following the announcement of the political deal – and renewed warnings that the AI Act risks hampering innovation in the European market – there may still be room for debate over the final terms of the AI Act before ratification. [2]

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Kluwer Copyright Blog

JUNE 1, 2022

Referring also to the complaint and redress mechanism set forth in Article 17(9) DSMD, the Court highlighted that, under those provisions, users had to be able to submit a complaint where they considered that uploaded content had wrongly been blocked or removed. The decision has already been discussed by a number of commentators.

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Kluwer Copyright Blog

MARCH 29, 2022

By now, Article 15 of Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (CDSM Directive) needs no wordy introductions. Put briefly, the provision requires Member States to introduce a related (or neighbouring) right for press publishers, applicable to online uses of their publications.

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IP and Legal Filings

NOVEMBER 18, 2021

On the other hand, fungible assets such as most cryptocurrencies are interchangeable with other cryptocurrencies since each unit will have the same market value and no unique or distinguishable value. Copyright law in India is governed by the Copyright Act, 1957.

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SpicyIP

JANUARY 2, 2022

The plaintiff was granted, through an agreement, an exclusive non-transferable, non-assignable license for selling, supplying, and distributing the defendant’s brands in domestic and international markets. Citing the agreement, the defendant requested the suit to be referred to an arbitration. Hero Electric Vehicles Private Ltd v.

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IP Intellectual Property Copyright Trademark 143

Barry Sookman

MAY 4, 2020

This further called into question whether an assignment document satisfied the requirements of the applicable law and the ability of the assignee to even file the application. In rendering the decision, the USPTO referred to a number of provisions in the U.S. It also referred to other provisions including 35 U.S.C. §

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43(B)log

DECEMBER 20, 2022

I]t is a fact in the public domain that the 12 O’Clock Boyz are from Baltimore and ride in these specific locations,” as was “the presence of dirt-bike riders in the neighborhoods where they ride in real life” and “a scene of them riding in a group, as they do regularly.” The similarities in setting, theme, etc.

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