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Africa IP highlights 2023: Copyright

The IPKat

January: The year kicked off in Tanzania with the news that the Parliamentary Standing Committee in Tanzania received a report from the Ministry of Culture, Arts and Sports addressing its efforts to review and improve the loopholes found in the Copyright Licensing and Rights to Benefit from Re-Sale Regulations, 2022. Katpost on that here.

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Publicity Rights Concerning Sports Athletes

IP and Legal Filings

Case Study 3 – Sourav Ganguly (7) The Court granted in a case for Sourav Ganguly relief by holding that his popularity constituted intellectual property in the form of a licensed innovation and, therefore, the sale of tea using his name without his consent amounted to a violation even though he was an employee of the defendant.

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Authorship of photographs and ownership of image rights in Nigeria: Banire v NTA-Star TV Network Ltd

The IPKat

The attention of this SpecialKat was recently drawn to the decision of the Nigerian Court of Appeal in Banire v NTA-Star TV Network Ltd regarding the question of authorship and ownership of copyright in photographs used for advertising purposes and the issue of image rights in Nigeria.

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A 512(f) Plaintiff Wins at Trial! ??–Alper Automotive v. Day to Day Imports

Technology & Marketing Law Blog

In 2004, the Ninth Circuit eviscerated it (in the Rossi case) by requiring plaintiffs to show that senders subjectively believed their takedown notices were abusive. Diebold from 2004, which led to a $125k damages award. The second comer/licensee assigned the exclusive license to a successor licensee, the defendant in this case.

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A Comprehensive Look at Data Privacy

LexBlog IP

Provided data privacy is regulated on a state-by-state level, businesses need to know which jurisdictions they offer or advertise their services and products to, or collect and utilize consumer data from. Ensure data privacy measures are included in contracts. How Do State-specific data privacy regulations affect businesses?

Privacy 52
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Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 4 of 4: Copyright contract law and enforcement

Kluwer Copyright Blog

Copyright contract law (Sections 31 et seqq. In another decision , from 2016, the BGH found that remuneration claims under Section 32 UrhG arise when the agreed remuneration at the time of the respective contract being concluded is not appropriate when viewed from the perspective of the time of conclusion of the contract (ex-ante view).

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SpicyIP Weekly Review (July 12 – 18)

SpicyIP

Serious Comparative Advertising: Broadening the Definition. In this guest post , Sangita Sharma analyses the law around comparative advertisements in India. She contends that the ‘fair’ and ‘honest’ use thresholds under Section 30(1)(a) and (b) of the Trade Marks Act should come to the rescue of such advertisements. Other Posts.