LexBlog IP

JUNE 9, 2023

The Nevada legislature passed new legislation recently that essentially bans all non-compete clauses in physician contracts while severely limiting the instances in which a hospital or psychiatric hospital may employ a physician as an employee, rather than as a contractor.

Contracts 52

Contracts Government Law Intellectual Property 52

IP and Legal Filings

JANUARY 15, 2024

The act, which was passed to protect the rights of female employees and to ensure their physical and financial security during maternity, has been amended to take modern societal standards and economic factors into account. For events that qualify, the FMLA allows qualified workers to take up to 12 weeks of unpaid absence in a year.

Law 88

Law Government Publishing Business 88

Nelligan Law

AUGUST 8, 2022

If that side-of-your-desk idea suddenly works out, your employer could take an interest in your creation. The Copyright Act and The Industrial Design Act both touch on the topic of employment and IP. Key take-aways. Non-compete. The full list of what counts as an executive can be found here.

Intellectual Property 75

Intellectual Property Invention Ownership Contracts 75

The IPKat

NOVEMBER 29, 2022

The survey has been running for almost a week and garnered several comments and emails on the topic. Merpel is taking a nap. Merpel is still taking a nap. The authentication certificate has to be stored on a physical security device (smart card or USB stick).

Reporting 57

Reporting Patent Copying Patent Law 57

Intepat

JUNE 19, 2023

Commercialization by the Owner Oftentimes, owners of intellectual property, whether individuals or companies, decide to take forward the commercialization of their intellectual property by themselves. Some of such important clauses are as below: The form of agreement should be in a written form. commercialization through Assignment.

Intellectual Property 52

Intellectual Property Due Diligence Ownership Invention 52

The IPKat

JUNE 13, 2022

Many platforms already incorporate this clause into their terms and conditions, but not all do. Whilst some platforms might take steps to verify that the person minting the NFT has the rights in the collectable, infringement disputes have already arisen. Mentioned previously here ].

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

The IPKat

OCTOBER 9, 2023

Initially, the Diplomatic Conference to adopt the DLT was scheduled to take place in 2017. The opposing part of the Committee feared that a clause as the one proposed would curtail the purpose of the DLT, namely, to streamline and simplify the processes of filing for design rights across Member States.

Designs 70

Designs Design Law Trademark 70

The IPKat

MAY 22, 2023

Hayleigh Bosher and Coran Darling giving evidence at the Inquiry Artificial intelligence is a highly debated topic in the intellectual property field currently. AI companies take music created by humans and generate ‘new’ AI music based on what has been trained. Coran Darling suggested that AI has to be seen as a tool.

Music 82

Music Intellectual Property Copyright Technology 82

Trading Secrets

DECEMBER 21, 2021

At the workshop, legal scholars, economists, and policy experts reviewed the current state of the law and economic literature on non-compete clauses in contracts between employers and employees. Academic panels evaluated the effects of non-compete clauses on labor market participants and their efficiency rationales. View the Recording.

Confidentiality 69

Confidentiality Law Contracts Business 69

The IPKat

JULY 9, 2023

It might also have been interesting to examine the various topics covered from a European perspective. This Kat therefore strongly recommends reading this book, taking into account its pros and cons. Would they be prepared to take legal action for copyright infringement if someone exploited or copied one of their works?

Art 57

Art Copyright Moral Rights Cease and Desist 57

Kluwer Copyright Blog

JANUARY 26, 2023

The Commission was open to contributions and held public hearings (see the Brazilian Copyright Institution presentation and Annex ), some of which were specifically on the topic of TDM. Another positive aspect in the proposed clause is that it is not limited to research but directs its use for the TDM automated processes in AI systems.

Copyright 56

Copyright Intellectual Property Copyright Law IP 56

IP and Legal Filings

FEBRUARY 26, 2023

At certain instances, take a step forward and compare this Code with International Legislations, with an aim to solve the challenge this code poses before us. iv] This division of responsibility and active allocation of funds from the state can act as another layer of checks when it comes to ensuring social security at the root level.

Government 86

Government Journalism Law IP 86

LexBlog IP

DECEMBER 21, 2021

At the workshop, legal scholars, economists, and policy experts reviewed the current state of the law and economic literature on non-compete clauses in contracts between employers and employees. Academic panels evaluated the effects of non-compete clauses on labor market participants and their efficiency rationales. View the Recording.

Confidentiality 52

Confidentiality Law Contracts Business 52

IP and Legal Filings

MARCH 14, 2022

It is not permissible to renounce moral rights, nor is it allowed to put in the agreement a phrase declaring that the publisher will not sue or take any action against the author (as it will be hit by certain sections of the Indian Contract Act). The best strategy would be to write an agreement that includes a reasonable severability clause.

Moral Rights 62

Moral Rights Copyright Contracts Law 62

Technology & Marketing Law Blog

MAY 11, 2022

It’s also unclear if a service could thread content by topic, or if topical organization also would be an “algorithm.” We told them to take it up with Congress.]. This is a Dormant Commerce Clause problem. LGBTQ kids trying to form communities) and whistleblowing. Boy, were they pissed. See this article.

Social Media 143

Social Media Privacy Law Government 143

The IPKat

AUGUST 4, 2021

Taking into account other publicity and use evidence, the disputed sign on the fast food products to which it was designated had no adverse effects in actual use either. Noticeably, there had been no negative comments regarding the sign at issue in the evaluation of buyers on the online sales platform. 8) of the TML. While the ‘???’

Intellectual Property 62

Intellectual Property IP Law Registration 62

Technology & Marketing Law Blog

AUGUST 2, 2022

Thus, with zero self-awareness, the findings say: “California should take reasonable, proportional, and effective steps to ensure that its children are not harmed by addictions of any kind.” The bill has a savings clause to exclude any claims covered Section 230, the First Amendment, and the CA Constitution equivalent.

Social Media 85

Social Media Privacy Designs Design 85

Kluwer Copyright Blog

APRIL 22, 2022

Readers interested in the topic, should also note another important study on copyright and AI conducted in parallel and just released by the team of Alain Strowel, Sari Depreeuw, Luc Desaunettes-Barbero et al., 1] (On the topic of AI outputs and derivative works, see here.). Example workflow diagram by artist duo Hyper Music.

Music 67

Music Copyright Derivative Work Ownership 67

SpicyIP

NOVEMBER 6, 2023

The negotiation text proposal provided by the Bureau on October 16 will be discussed during the 7th meeting of the INB , which takes place on November 6–10 and December 4–6. However, during discussions, these two topics have been the main points of disagreement.

IP 59

IP Intellectual Property Publishing Technology 59

LexBlog IP

AUGUST 28, 2023

The PTAB found that claim 1 was a type of genus claim that “contain[ed] forty-seven ‘or’ clauses, thereby allowing it to cover over 140 trillion embodiments.” This topic was recently previewed in Realtime Data v. The rejection was appealed to the PTAB, which affirmed the examiner. ” Id. ” Id.

Invention 52

Invention Patent Application Art Patent 52

Trading Secrets

NOVEMBER 13, 2023

Courts in Scotland and Northern Ireland take a similar approach. Rather, in its policy paper, the Government announced its intention to introduce legislation that will limit the length of non-compete clauses to 3 months.

Government 59

Government Confidentiality Business Law 59

LexBlog IP

NOVEMBER 13, 2023

Courts in Scotland and Northern Ireland take a similar approach. Rather, in its policy paper, the Government announced its intention to introduce legislation that will limit the length of non-compete clauses to 3 months.

Government 52

Government Confidentiality Business Law 52

Trading Secrets

DECEMBER 19, 2023

The breadth of our discussions encompassed a spectrum of critical topics: FTC Proposes Rule Banning Use of Non-Competes. In the interim, employers should take a close look at their restrictive covenant agreements to ensure that they are reasonable and compliant with ever-evolving state law.

Confidentiality 52

Confidentiality Litigation Business Law 52

Technology & Marketing Law Blog

JUNE 22, 2023

Instead, the CJPA takes an asinine, ineffective, unconstitutional, and industry-captured approach to this critical topic. For more on this topic, see Ashutosh A. .” Given these stakes, politicians should prioritize developing good-faith and well-researched ways to facilitate and support journalism. Free Speech L.

Journalism 88

Journalism Social Media Publishing Government 88

Velocity of Content

MARCH 22, 2023

Taking each of these clauses in turn — Life of the Author Plus 70 : In the case of a work by a single, known author (i.e., For more details on this complicated topic, see Circular 30.) Except as adjusted (“harmonized”) by treaty, copyright law is managed nationally, by the laws of the local country.

Copyright 98

Copyright Publishing Social Media Artistic Work 98

Technology & Marketing Law Blog

JUNE 27, 2022

Third, this bill reaches topics well beyond children’s privacy. Instead, the bill repeatedly implicates general consumer protection concerns and, most troublingly, content moderation topics. Expanding this concept to mass-market businesses with millions of consumers would take us into uncharted regulatory territory.

Privacy 137

Privacy Designs Design Business 137

Kluwer Copyright Blog

JUNE 7, 2023

A similar clause, setting a term of 14 years, existed in the UK’s Statute of Anne 1710. Under Article 22, Member States may impose time limits on the exercise of the revocation, and may allow the grantee time to begin or resume exploitation before the revocation takes effect. Likewise, the U.S. One solution suggested by Prof.

Contracts 52

Contracts Derivative Work Intellectual Property Music 52

LexBlog IP

DECEMBER 19, 2023

The breadth of our discussions encompassed a spectrum of critical topics: FTC Proposes Rule Banning Use of Non-Competes. In the interim, employers should take a close look at their restrictive covenant agreements to ensure that they are reasonable and compliant with ever-evolving state law.

Confidentiality 52

Confidentiality Business Intellectual Property Litigation 52

TorrentFreak

NOVEMBER 26, 2021

Rapid copyright takedowns, trusted flaggers, and other types of enforcement are all hot topics. They believe that such a clause would remove the incentive to comply with due diligence obligations. ” No good, rightsholders say.

Due Diligence 117

Due Diligence Music Business Copyright 117

The IPKat

SEPTEMBER 30, 2022

But when the information resource takes the form of data or algorithm or machine learning or AI, balancing is more difficult if not impossible. Marco Spolidoro gave a lecture on the very topical subject of NFTs (which this blog recently covered here ). Data are kept under lock in the cloud and/or otherwise protected by secrecy.

Reporting 91

Reporting Copyright Intellectual Property Moral Rights 91

SpicyIP

DECEMBER 24, 2023

In this month’s edition, he looks into topics including the Plant Variety Registry, different tales of/ takes on personality rights, and multiple leaks of key documents and their contribution in law-making. Setting this decision aside and reiterating the decision in Google LLC v. DRS Logistics (P.) and Ors. ,

Registration 52

Registration Trademark Copyright Registering Trademarks 52

LexBlog IP

NOVEMBER 11, 2022

Court of Appeals for the Third Circuit issued yet another opinion taking a narrow approach to a trade secrets claim, affirming the trial court’s decision to deny an injunction against a group of employees. Maxwell Goss also has an earlier post this year on the same topic that was published by The Michigan Law Journal.

Cease and Desist 40

Cease and Desist Journalism Blogging Government 40

Technology & Marketing Law Blog

APRIL 30, 2022

Still, I prefer it when judges rely on Section 230(c)(1) to take the “good faith” topic off the table entirely. The court adds: “In light of Section 230’s immunity, it is unnecessary to delve into the specifics of the common carrier law and the California free speech clause.”

Social Media 106

Social Media Contracts Government Publishing 106

SpicyIP

JANUARY 2, 2022

This year, we have divided these developments into three categories: a) Top 10 IP Judgments/Orders (Topicality/Impact). Top 10 Judgments/Orders [Topicality/Impact]. b) Top 10 IP Judgments/Orders (Jurisprudence/Legal Lucidity) and. c) Top 10 Other IP Developments. H Lundbeck A/S v. Hetero Drugs Ltd [Delhi High Court].

IP 143

IP Intellectual Property Copyright Trademark 143

Fish & Richardson Trademark & Copyright Thoughts

APRIL 1, 2022

1] A 5-4 majority concluded that the America Invents Act grants “unreviewable authority” within the executive branch to administrative patent judges “incompatible with their status as inferior officers” under the appointments clause of the U.S. Arthrex Inc. Constitution.[2]. ” (quotes omitted)). [27]

Patent 52

Patent Art Technology Law 52

SpicyIP

DECEMBER 30, 2023

As 2023 comes to an end, in line with our annual tradition, we take stock of the top IP developments that occurred this year. a) Top 10 IP Judgements/Orders (Topicality/Impact) 1. And as we move to the cusp of the new year, here’s to wishing our readers a very happy and healthy year ahead! RDB and Co.

IP 124

IP Copyright Trademark Intellectual Property 124

LexBlog IP

DECEMBER 15, 2022

For other takes on the Sixth Circuit’s opinion, check out Anthony Ferrara’s post for McDermott Will & Emery’s trade secrets section for its IP Update Blog and Siena Sylvester’s post for Sheppard Mullin’s Trade Secrets Law Blog. In MWK Recruiting, Inc. Jowers , the U.S.

Blogging 52

Blogging IP Confidentiality Intellectual Property 52