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Role of Arbitration In Intellectual Property

Biswajit Sarkar Copyright Blog

Arbitration as a concept is not new to the globe, but it does have certain issues. One of the most contentious topics in arbitration is the arbitrability of IP disputes. There has been discussion over the extent and specific restrictions of some intellectual property rights’ arbitrability. Supreme Court.

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Dropbox’s TOS Amendment Fails (And If This Opinion Stands, Yours Will Too)–Sifuentes v. Dropbox

Technology & Marketing Law Blog

Given how rarely TOS amendments use clickthroughs, this opinion could anticipate the widespread failure of TOS amendments if it’s the final word on the topic. Dropbox tried to send the case to arbitration per its TOS. Dropbox says it has amended its TOS twelve times since 2011, including adding the arbitration clause in 2014. [NB:

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Peloton Can’t Bind All Family Members To Its Arbitration Provision–SS v. Peloton

Technology & Marketing Law Blog

Peloton invoked the arbitration clause in its TOS. Stern failed to rebut that evidence by providing a declaration attesting to the fact that he did not agree or later opted out of the Arbitration Provision.” The court discusses another topic I don’t often see discussed.

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If TOS Formation Fails, Bad Legal Outcomes Are Likely to Follow–Doe v. Roblox

Technology & Marketing Law Blog

There is a related but unanswered question here: COPPA spells out formation requirements for under-13s, including the need for parental consent. This case involves Roblox, a virtual world. Allegedly, a majority of Roblox users are under 13. Roblox has an in-game currency, Robux. None of this matters. As a result, the TOS fails.

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SpicyIP Weekly Review (June 28 – July 4)

SpicyIP

Topical Highlight. Delhi High Court Clarifies Law on Arbitrability of Trademark Disputes. In this guest post , Rounak Doshi discusses the position of law on arbitrability of trademark disputes in light of the Delhi High Court’s recent decision in Golden Tobie Private Ltd. Golden Tobacco Ltd. Thematic Highlight.

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[Guest post] How much is that SEP in the window? 5 Themes from the IPKat/LSE Nokia v Daimler seminar

The IPKat

Settlement, after all, means both parties have to make compromises and with a cloak of confidentiality, the questions and issues remain and we will have to wait a bit longer for clarity on questions relating to licensing of standard essential patents (SEPs). meaning no answers from the CJEU.

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Permissibility Of A Waiver Of Moral Rights Of An Author Under The Copyright Regime

IP and Legal Filings

Introduction. Section 57 of the Copyright Act of 1957 covers authors’ special rights particularly, highlighting the importance of expanding such rights beyond solely economic grounds. These laws are based on Berne Convention Article 6bis, to which India is a signatory. As a result, the lifetime of these rights varies greatly between countries.