Kluwer Copyright Blog

JANUARY 15, 2024

It sought public views on various copyright enforcement challenges, including industry-led enforcement mechanisms, the website blocking scheme that was introduced in Australia in 2015, a statutory safe harbour and notice and take-down scheme, access to courts in copyright disputes, especially small ones, and remedies for copyright infringements.

Copyright 67

Copyright Government Fair Use Copyright Law 67

The IPKat

DECEMBER 2, 2022

Images generated using text-to-image technology, including DALL-E 2 , Midjourney , and Stable Diffussion , have become a main topic in AI. Not only do many express wonder about how these systems work, but there is even doubt whether such users even have rights to such outputs. as "words and short phrases" - 37 CFR § 202.1(a)).

Copyright 145

Copyright Related Rights Intellectual Property Law Intellectual Property 145

SpicyIP

JANUARY 1, 2024

Countering the Registry’s position that it is a mere external issue, the petitioners argued that statutory deadlines would be put at risk. Highlights of the Week A Look Back at India’s Top IP Developments of 2023 Continuing with our annual tradition, we curated a list of the top IP developments in India.

Intellectual Property 105

Intellectual Property IP Licensing Copyright 105

The IPKat

MAY 25, 2022

The IPKat is pleased to host the following guest post by Katfriends Hanne Kirk and Jakob Plesner Mathiasen (both Gorrissen Federspiel) on the topic of 'grand rights' in a recent Danish decision. Back in November 2020 these Katfriends wrote about a Danish case regarding ‘grand rights’ in the music industry.

Music 52

Music Copyright Publishing Contracts 52

IPilogue

DECEMBER 1, 2021

As part of the course requirements, students were asked to write a blog on a topic of their choice. Changes to a company’s name, logo, or slogans often engage trademark rights. A sign, amongst other items listed in the Act , includes a letter, word, numeral, figurative element, three-dimensional shape, or moving image.

Business 111

Business Trademark Social Media Registration 111

Patently-O

SEPTEMBER 26, 2022

Topics: Enablement / Written Description (All three are biotech / pharma): 3 Cases; Infringement (FDA Labeling): 1 Case; Anticipation (On Sale Bar): 1 Case; Double Patenting (Still the law?) This important case raises a question of statutory interpretation regarding post-IPR estoppel: Does IPR estoppel 35 U.S.C. § Caltech , No.

Patent Law 125

Patent Law Law Patent Invention 125

Patently-O

FEBRUARY 24, 2022

The statute indicates that any party to an IPR final-written-decision has a right to appeal. However, a statutory right is insufficient for Constitutional standing. The Kessler Doctrine : If you want to really dig into this case, please read my article on the topic that I wrote for an Akron Law review IP symposium issue.

Patent Law 95

Patent Law Law Patent Litigation 95

Selvam & Selvam Blog

APRIL 5, 2022

It refers to marketing in respect of trending topics/events usually undertaken by brands to gain traction and benefit from the popularity that the trending events have garnered. Therefore, brands constantly look to create campaigns or post about any current topic to encash on such opportunities to stay relevant and visible.

Marketing 40

Marketing Marketing Social Media Personality Rights 40

Technology & Marketing Law Blog

MAY 11, 2022

” In addition to other damages, the PRA authorizes statutory damages of $1k per violation, capped at $100k per account holder per calendar year. It’s also unclear if a service could thread content by topic, or if topical organization also would be an “algorithm.” The Bill is Unconstitutional.

Social Media 143

Social Media Privacy Law Government 143

The IPKat

NOVEMBER 7, 2021

The discussion will cover topics such as the formation, practical operation, and the risks of LNGs, as well as some less restrictive alternatives to get the implementers involved in the formation of SEP royalties. The panels will be a Statutory General Assembly and an Online conference on international issues related to GIs, respectively.

Intellectual Property 78

Intellectual Property IP Registration Intellectual Property Law 78

IPilogue

NOVEMBER 17, 2021

Much like the case of Jolie, the sweaters quickly became a topic of controversy , as the Cowichan Tribes of Vancouver Island alleged the sweater designs had been appropriated from one of their traditional designs. Notably, Belgian copyright law includes a statutory right to privacy , which includes the right to control your image.

Ownership 103

Ownership Intellectual Property Artwork Copyright Law 103

SpicyIP

APRIL 10, 2024

In the last few days, the Madras and Delhi High Courts have passed a few significant orders on these topics. Thus, BI argued that a decision on invalidity of a patent is in rem and no matter where this finding is issued, a patentee cannot assert its rights subsequently. Let’s take a look at these three orders in this quick tidbit.

Patent 45

Patent Cease and Desist Invention Art 45

Intepat

JUNE 19, 2023

Therefore, a predominant aim of the Intellectual Property Law regime is to promote innovation by granting exclusive rights to the owner or creator of an intellectual property. Thus, it makes no sense to register your IP in order to avail statutory protection but then keep them locked away out of the public eye.

Intellectual Property 52

Intellectual Property Due Diligence Ownership Invention 52

Technology & Marketing Law Blog

NOVEMBER 29, 2021

For example, from the intro: “Texas has designated the Platforms common carriers; they no longer have a right to discriminate against different views in their role as public conduits.” The statutory language is “shall [not] be held liable,” but sure, that only applies to damages. Candeub Report.

Social Media 112

Social Media Law Television Reporting 112

IP Tech Blog

JANUARY 4, 2023

Securing the right IP protection for an NFT will be key to its successful commercialization and exploitation by the creator and its owner. IP Rights and NFTs. What is the intellectual property right that most suits NFTs? Can other IP rights like trademarks play a role in protecting NFTs? Applicable IP Rights.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

43(B)log

FEBRUARY 16, 2024

It doesn’t really tell us what the “for the most part” caveat might mean, but I’m going to focus on this point: “entitled to protection” is not the same thing as “entitled to the same presumptions, scope of rights or remedies.” Tam and Brunetti, striking down various bars on registration. Then, in Lexmark v.

Trademark 59

Trademark Fair Use Registration False Advertising 59

Kluwer Copyright Blog

MARCH 14, 2022

The first issue raised in the consultation was whether the copyright protection for computer-generated works (CGWs)without a human author, in the UK Copyright, Designs and Patents Act 1988 (CDPA), strikes the right balance between incentivising and rewarding investment in AI creativity. A third alternative: the related rights approach.

IP 60

IP Public Domain Copyright Intellectual Property 60

Kluwer Copyright Blog

JANUARY 26, 2023

Statutory limitations and exceptions (L&E) for copyright in Brazil are notoriously precarious. Here, again, there is no specific mention of TDM or the need to (re) consider IP rights in light of AI and data-intensive technologies. The main national legal instrument for copyright is the Brazilian Copyright Law ( Law n.

Copyright 56

Copyright Intellectual Property IP Copyright Law 56

IP and Legal Filings

FEBRUARY 12, 2023

During the passage of time, the Competition Laws and Intellectual Property Rights (IPRs) developed and brought many magnificent changes for the efficient competitiveness in the market. Intellectual Property Rights And Competition Law: Is There Any Tussle Between The Two? “It

Intellectual Property 52

Intellectual Property Law Intellectual Property Law Marketing 52

TorrentFreak

MAY 15, 2023

For musician Maria Schneider, whose class action lawsuit against YouTube will head to a jury trial next month, the status quo and its alleged facilitator have been a constant topic of discussion for well over a decade. What Do Whore Houses, Meth Labs, and YouTube Have in Common? “OK, I know: that title really hits below the belt. .”

Copyright 136

Copyright Intellectual Property Business Licensing 136

SpicyIP

JULY 5, 2021

Topical Highlight. I argue that rewarding knowledge production and creative effort itself through maximising commercial advantage via exclusive rights are incentives that do not apply to government works whose primary motivation for creation is public dissemination. Golden Tobacco Ltd. Decisions from Indian Courts. June 29, 2021].

Intellectual Property 105

Intellectual Property Trademark Licensing Copyright 105

The IPKat

APRIL 25, 2024

Since we last wrote for the IPKat on the topic , additional posts have discussed the Science, Innovation and Technology Select Committee’s inquiry into the impact of AI on the creative industries and the UK House of Lords Inquiry into Large Language Models.

Contracts 73

Contracts Artistic Work Copyright Copyright Law 73

IPilogue

JANUARY 14, 2022

The purpose of the College is “to enhance the public’s ability to secure the rights provided under the Patent Act and the Trademarks Act. ” In this case, the appellants argued that there is no statutory basis for overbreadth as a ground for invalidity. In line with the European Court and the United Kingdom , the U.S.

IP 106

IP Copyright Infringement Inventor Intellectual Property 106

LexBlog IP

JANUARY 4, 2023

Securing the right IP protection for an NFT will be key to its successful commercialization and exploitation by the creator and its owner. IP Rights and NFTs. What is the intellectual property right that most suits NFTs? Can other IP rights like trademarks play a role in protecting NFTs? Applicable IP Rights.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

The IPKat

NOVEMBER 27, 2023

The defendant attempted several defences, with the one based on statutory acquiescence under section 48(1) of the Trade Marks Act 1994 perhaps the most interesting – and I am definitely not saying that just because I know an appeal on this point was heard by the Court of Appeal earlier in November. That is likely the right conclusion.

Editing 70

Editing Registration Branding Brands 70

IP Whiteboard

APRIL 15, 2021

Since that time, Meghan and Harry have been very open about their frustration with the British media’s negative coverage of Meghan, which The Duke and Duchess of Sussex consider to be laced with racially-charged undertones (while we’re on the topic, some unsolicited advice for readers: the Oprah interview is must-see viewing).

Privacy 40

Privacy Copyright Publishing Law 40

IP Tech Blog

AUGUST 22, 2022

In order to safely and effectively enjoy the economic benefits deriving from the use of their brands’ goodwill and product reputation in the Metaverse, businesses need to secure the appropriate IP rights. We have specifically covered this topic in a previous blog. The problem however, remains. Reaction of Businesses to this Situation.

Design Patent 57

Design Patent Designs Design Patent 57

LexBlog IP

AUGUST 22, 2022

In order to safely and effectively enjoy the economic benefits deriving from the use of their brands’ goodwill and product reputation in the Metaverse, businesses need to secure the appropriate IP rights. We have specifically covered this topic in a previous blog. The problem however, remains.

Design Patent 52

Design Patent Designs Design Patent 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 5, 2021

We have covered several introductory topics about 337 Investigations at the International Trade Commission (ITC) through the lens of its most common context [1] —as another forum for patent litigation. [2] patent; and 3) that an industry with respect to articles protected by the patent exists or is in the process of being established. [3]

Litigation 52

Litigation Cease and Desist Patent Infringement Intellectual Property 52

The IPKat

SEPTEMBER 19, 2022

This year’s conference theme was neighbouring and special rights, but an extraordinary roundtable also found its way into to the programme to discuss the ever-unavoidable copyright topic: Article 17 of the DSM Directive [Katposts here ]. Nevertheless, such a restriction is justified in light of protecting copyright (para 84).

Art 135

Art Copyright Law Related Rights 135

Technology & Marketing Law Blog

FEBRUARY 27, 2024

This is a topic where anything could happen.] The court also picks apart the statutory exceptions for review websites and widely recognized media, both of which are also “content-based.” The State is therefore favoring engagement with certain topics, to the exclusion of others.” Citing Brown v.

Social Media 80

Social Media Law Contracts Publishing 80

SpicyIP

AUGUST 28, 2022

Earlier, he said that a focus on “rights” has made India weak. Ramana highlighted the importance of knowing our constitutional rights and duties. Some courts and academics describe them as (Human/Fundamental) ‘rights’ (e.g. Rights prima facie provide a stronger force and create a legal relationship of duty with others.

IP 138

IP Copyright Fair Use Public Domain 138

Technology & Marketing Law Blog

SEPTEMBER 23, 2021

The Third Circuit ruled today that Section 230 doesn’t preempt publicity rights claims because they qualify as “intellectual property” claims. Based on the ccBill precedent, a number of Ninth Circuit-governed courts have applied Section 230 to publicity rights claims. Legal Background. See, e.g., Ripple v.

Intellectual Property 132

Intellectual Property Trademark Marketing Marketing 132

TorrentFreak

JULY 13, 2022

No Human Rights Mentions. For example, they don’t want Bright House to argue that terminating someone’s Internet access is a human rights violation. The human rights angle is not completely novel. Those piracy-related terminations would violate human rights, the rapporteur argued. ISP Also Requests Exclusions.

Music 144

Music Contracts Copyright Infringement Copying 144

Technology & Marketing Law Blog

AUGUST 30, 2021

Court of Appeals for the Ninth Circuit held that California Civil Code section 980(a)(2) , which grants “exclusive ownership” of a sound recording fixed before February 15, 1972, to its “author,” provides only an exclusive right of reproduction and distribution, and does not provide an exclusive right of public performance.

Blogging 83

Blogging Copyright Settlement Music 83

SpicyIP

JULY 9, 2021

Pharmaceutical companies compete fiercely for the right to sell similar novel therapeutics, with multiple companies vying for the same market share. However, a single innovation cannot be protected by both types of rights. During this time, the creator has the right to prevent others from using the invention. In the case of F.

Patent 119

Patent Invention Intellectual Property Public Domain 119

SpicyIP

JULY 11, 2021

Topical Highlight. Right to Access a Public Record” vs “Right to not Communicate the Work”: Where is Public Interest?”. Vempati Ravi Shankar – Facebook Copyright Dispute: Issues on Moral Rights and Posthumous Enforcement of Celebrity Rights. The office order is available here. Thematic Highlight. Other Posts.

Moral Rights 105

Moral Rights Journalism Licensing IP 105