Kluwer Copyright Blog

MAY 1, 2024

The Court emphasized that exclusion of non-EEA rightholders from remuneration must be explicit, as the right falls within the fundamental right to intellectual property in Article 17(2) CFREU. Any limitation must be clearly defined by law. In conclusion, Kwantum reflects the uncertainty stemming from RAAP.

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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)

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The IPKat

JUNE 26, 2022

The event is designed to encourage interactive discussions among participants through panel debates, with each of them covering 4 or 5 key topics related to each specific sector. , and Copyright in Graffiti and Street Art). The website of the event contains information about the programme and registration.

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Kluwer Copyright Blog

DECEMBER 20, 2022

This contribution is based on a paper published in 44 European Intellectual Property Law Review 595 (2022). . This does not require any creativity but simply a de minimis “personal intellectual effort” ( ein Mindestmaß an persönlicher geistiger Leistung ) or a “mere technical effort” ( rein technische Leistung ).

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Kluwer Copyright Blog

JUNE 28, 2022

However, the tension between the new rules introduced by the Data Act Proposal and potential intellectual property protection, including copyright protection, will require further coordination efforts. This post focuses on selected copyright and related rights matters that the Institute details in its Position Statement.

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IP and Legal Filings

NOVEMBER 30, 2022

By integrating 16 nations’ markets, the Regional Comprehensive Economic Partnership (RCEP) aspires to make it simpler for each nation’s goods and services to be available throughout the region. By 2050, the predicted $0.5 The RCEP offers a chance to expand agricultural exports in terms of production, processing, and exports.

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Technology & Marketing Law Blog

JANUARY 3, 2023

Not every frowning cartoon cat infringes; or at least plaintiff has failed to persuade that its intellectual property reaches that far. Additionally, we note that this Study revealed little demand for additional copyright-related rights for press publishers. Evox Productions, LLC v. Verizon Media, Inc., 2K Games, Inc. ,

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Garrigues Blog

DECEMBER 14, 2021

There is a need for strong, clear and effective EU and national legal frameworks on copyright and related rights protection, but these frameworks should also avoid contributing to the digital environment becoming, as is feared, an over-regulated, censored place.

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Kluwer Copyright Blog

MARCH 14, 2022

Running from 29 October 2021 to 7 January 2022, the “ Artificial Intelligence and IP: copyright and patents ” consultation formed the latest round in an ongoing national conversation between the UK Intellectual Property Office (UKIPO) and interested stakeholders (see here ). A third alternative: the related rights approach.

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Kluwer Copyright Blog

DECEMBER 1, 2021

On 29 October 2021, the UK Intellectual Property Office launched a public consultation looking at how the copyright and patent regimes should deal with artificial intelligence. That call concerned patents, copyright and related rights, designs, trade marks and trade secrets. Photo by Rock’n Roll Monkey on Unsplash.

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Kluwer Copyright Blog

AUGUST 18, 2021

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. because there is no public access regime that applies, or because third parties own intellectual property rights.

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Selvam & Selvam Blog

SEPTEMBER 7, 2023

The history of the doctrine of well-known trademarks can be traced back to the Paris Convention for the Protection of Industrial Property (hereinafter, “the Paris Convention”) and the Agreement on Trade-Related Aspects of Intellectual Property Rights (hereinafter, “TRIPs”).

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LexBlog IP

OCTOBER 13, 2021

Also, article 18(3) of Law 4481/2017 states as follows: Management fees of the collective management organisation shall not exceed the justified and documented costs in managing copyright and related rights. Management fees should not exceed, on average, 20% of the gross rights revenue of the collective management organisation.

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Kluwer Copyright Blog

FEBRUARY 2, 2023

There is uncertainty over how much selection and refinement is needed to produce the best work (see examples of selection, refinement and reworking here and here ) and getting the right prompt is challenging enough to have created a market for effective prompts.

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IP Whiteboard

OCTOBER 15, 2020

Countries and organisations around the world are paying greater attention to the intersection of artificial intelligence ( AI ) and intellectual property ( IP ). The UK Intellectual Property Office ( UK IPO ) recently put out a call for views on the implications of AI for IP policy and conversely, the impact of IP on AI.

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Kluwer Copyright Blog

DECEMBER 14, 2022

By opening the ability to conduct repairs to everyday people, it seeks to extend product lifespan, reduce waste, encourage market competition, increase consumer choice, and facilitate innovative processes. More from our authors: Practical Guide to Successful Intellectual Property Valuation and Transactions. by Edward J.

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Kluwer Copyright Blog

APRIL 5, 2022

UK Intellectual Property Office, UK’s future exhaustion of IPR regime. This report examines the application of EU copyright and related rights law to outputs generated by or with the assistance of artificial intelligence (AI) systems, tools or techniques (AI outputs), with a focus on outputs in the musical domain.

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Kluwer Copyright Blog

JUNE 28, 2021

In this sense, the Legislative Decree 9/2008 relating to “Discipline of ownership and marketing of audiovisual sports rights and relative allocation of resources” acknowledges that the professional league and the clubs are joint owners of the audiovisual rights relating to matches.

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The IPKat

MAY 22, 2022

The Institute for Intellectual Property and Market Law (IFIM) at Stockholm University is proud and delighted to announce its new, in-person event to be held in English at Stockholm University on Thursday, June 2, 2022, on the topic: 'The DSM Directive 3 years on: The Polish challenge to Article 17 and the national transposition maze'.

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The IPKat

FEBRUARY 3, 2023

With the adoption of both the Directive on Copyright and Related Rights in the Digital Single Market (CDSM) and the Digital Services Act (DSA), the European Union has moved away from the notice-and-takedown model for copyright enforcement and content moderation. Click here to know more. More details to come.

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Kluwer Copyright Blog

APRIL 24, 2022

This post is the second instalment of an analysis of a recent report , a part of the reCreating Europe project, on the application of EU copyright and related rights law to outputs generated by or with the assistance of artificial intelligence (AI) systems, tools or techniques (AI outputs), with a focus on outputs in the musical domain.

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SpicyIP

MARCH 15, 2022

We are pleased to bring you a guest post by Mili Baxi, on the development of a publisher’s right in digital media. Her areas of interest are Information Technology law, Intellectual Property law, Media & Communication Law, and human rights law. . Image from here. Introduction.

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Kluwer Copyright Blog

DECEMBER 26, 2021

This seems to have pushed EU Member States towards compliance – the latest examples here are the Irish European Union (Copyright and Related Rights in the Digital Single Market) Regulations 2021 (19 November), the Italian Decree (published on 27 November), and the Estonian Act implementing the Directive (8 December). Stay tuned!

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The IPKat

SEPTEMBER 4, 2022

EPIP - EPIP 2022 Conference - 14 to 16 September 2022 - Cambridge, UK The EPIP Annual conference brings together scholars, including doctoral students, working on economics, management, and law with a focus on intellectual property, along with policy-makers and stakeholders. They foster an interdisciplinary exchange of knowledge.

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The IPKat

OCTOBER 4, 2022

On September 22, 2022 , the European Union Intellectual Office (EUIPO), through its European Observatory on Infringements of Intellectual Property Rights, published a discussion paper entitled " Automated Content Recognition: IP Enforcement and management use cases ".

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Kluwer Copyright Blog

OCTOBER 3, 2022

More from our authors: Practical Guide to Successful Intellectual Property Valuation and Transactions. On 22 September 2022, the AG Szpunar issued his opinion in the AKM case on the interpretation of communication to the public by a satellite. The copyright in these two titles expired at the beginning of 2021. Stay tuned! by Edward J.

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Kluwer Copyright Blog

DECEMBER 18, 2022

This prompted some commentators to label this new addition a quasi-moral right – since there is no work of authorship to which the new moral right is attached. Nevertheless, a more precise characterisation is that this is a new related right. The Croatian legislator’s response to this criticism was quite underwhelming.

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LexBlog IP

JANUARY 16, 2024

In light of criticism following the announcement of the political deal – and renewed warnings that the AI Act risks will hamper innovation in the European market – there may still be room for debate over the final terms of the AI Act before ratification. [13]

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Kashishipr

NOVEMBER 10, 2021

The domain of Intellectual Property Rights (IPRs) , especially after the adoption of the Uruguay Round’s resultant, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) , has led to the adoption of an expanded understanding of IPRs in contemporary fields to strengthen the legal position of the rights holders.

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Kluwer Copyright Blog

APRIL 21, 2023

2021-580 of 12 May 2021 (‘transposition Order’) of the French Government implements articles 2(6) and 17 to 23 of the EU Directive 2019/790 on copyright and related rights in the Digital Single Market (‘CDSM’). Image by Pexels from Pixabay Order no. It remains to be seen how future agreements will be negotiated.

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Kluwer Copyright Blog

MAY 26, 2022

More from our authors: Practical Guide to Successful Intellectual Property Valuation and Transactions. The CDSM Directive was published in May 2019 (see here and here for an overview), following a controversial legislative process at EU level. by Alexander Puutio. € Internet Law: A Concise Guide to Regulation Around the World.

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Kluwer Copyright Blog

MAY 31, 2022

It is worth noting, however, that this decision was rendered before Austria transposed the EU Directive on copyright and related rights in the Digital Single Market 2019/790 of 17 April 2019 into national law. More from our authors: Practical Guide to Successful Intellectual Property Valuation and Transactions.

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The IPKat

MAY 31, 2022

In 2021, the European Intellectual Property Office (EUIPO) launched the IP Register in Blockchain, laying the foundation for a distributed platform that will enable services that benefit from a secure, fast and direct connection between IP offices and rights holders.

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Kluwer Copyright Blog

NOVEMBER 11, 2021

17(4) and thus is shielded by the safe harbour established therein, right holders will not be able to claim damages. Intellectual Property Law in China, 2nd edition. According to Art. On the contrary, if the OCSSP meets the conditions laid down in Art. More from our authors: Law of Raw Data. by Christopher Heath. €

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Kluwer Copyright Blog

NOVEMBER 28, 2022

1) Article L131-4 paragraph 1 of the French Intellectual Property Code (‘IPC’) states the general applicable rule: the assignment by an author ‘ shall comprise a proportional participation by the author in the revenue from sale or exploitation of the work.’. To be continued…. by Alexander Puutio. € by Edward J.

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Kluwer Copyright Blog

MARCH 30, 2022

At the same time, this inconsistency is distressing, especially since the grand purpose of the Directive is to foster a digital single market. Both Article 7b(2)(c) of the Dutch Neighbouring Rights Act and Section 87g(2)(4) of the German Copyright and Related Rights Act very much stick to the wording of Article 15(1) of the CDSM Directive.

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IPilogue

JULY 8, 2021

On 19 April 2019, the European Parliament and Council adopted the Directive on copyright and related rights in the Digital Single Market. France transposed Article 15 into the French Intellectual Property Code. Tugce Kucukali is an IPilogue Writer and incoming LL.M. Candidate at University of British Columbia. .

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