Kluwer Copyright Blog

MARCH 13, 2024

The social contract of copyright, which main purpose is to realize a broader collective concern, the access of citizens to science and culture ( Geiger, 2013 ), lies in the approximation of the interests of rightholders and users. From this constitutional dimension of copyright emerged the notion of ‘user rights’ ( Geiger, 2020 ).

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Copyright Art Licensing Contracts 122

The IPKat

MARCH 10, 2024

Webinar on navigating intellectual property in sustainable fashion (13 March) 4IPCouncil is organizing a webinar on second-hand luxury markets on 13 March at 16:00 CET. 42nd ATRIP Congress: intellectual property, ethical innovation, and sustainability – Towards a new social contract for the digital economy? (30

Intellectual Property 62

Intellectual Property Intellectual Property Law Copyright IP 62

LexBlog IP

OCTOBER 1, 2022

4] In addition to its federal and state trade secrets claims, CiCi Enterprises alleged a breach of contract. This case highlights the importance of comprehensive agreements and the reduction of agreement modifications to writing. ” CiCi Enterprises is a buffet-style pizza restaurant franchisor. [2]

Confidentiality 52

Confidentiality Intellectual Property Litigation Ownership 52

LexBlog IP

SEPTEMBER 15, 2021

That contract contained a non-solicitation provision prohibiting Aya from soliciting AMN’s employees. Aya signed the agreement in 2010. The United States Department of Justice (DOJ) weighed in and filed an amicus brief arguing that all naked non-solicitation agreements between market competitors are per se violations.

Law 52

Law Marketing Marketing Business 52

Trading Secrets

SEPTEMBER 15, 2021

That contract contained a non-solicitation provision prohibiting Aya from soliciting AMN’s employees. Aya signed the agreement in 2010. The United States Department of Justice (DOJ) weighed in and filed an amicus brief arguing that all naked non-solicitation agreements between market competitors are per se violations.

Law 52

Law Marketing Marketing Business 52

Technology & Marketing Law Blog

OCTOBER 19, 2021

Nevertheless, because adware often provided poor consumer experiences, adware largely fizzled out by 2010. Implied-in-Law Contract/Unjust Enrichment. WhenU concluded that copyright was a dead-end. 1-800 Contacts v. WhenU concluded that trademarks was a dead-end. As a result, the legal issues rarely are litigated any more. * * *.

Licensing 88

Licensing Copyright Contracts Advertising 88

LexBlog IP

SEPTEMBER 15, 2021

To receive such spillover assignments, Aya (a competitor who also provides temporary nursing services) signed a contract with AMN in 2010 and included in that agreement was a non-solicitation provision prohibiting Aya from soliciting or “poaching” AMN’s employees. ” [9]. .” ” [9].

Marketing 52

Marketing Marketing Contracts Law 52

Patently-O

MARCH 26, 2024

Moreover, the idea of placing the revolving screws at the bow of a dredging vessel had been implemented in the Wiggins Ferry, a boat fitted with an apparatus invented by Ephraim Bishop in 1858, which Brady himself had been involved in operating for a government dredging contract in 1866 before claiming to have invented his own improved design.

Invention 57

Invention Art Patent Designs 57

Patently-O

SEPTEMBER 13, 2021

Most significantly, HTC was the developer and manufacturer of Google’s Nexus One Android phone , which was released in 2010. However, this case did not sound in patent infringement, but in breach of contract. patent law with no reference to French contract law. As my co-authors and I have previously observed (see p.

Licensing 54

Licensing Contracts Patent Law Law 54

Kluwer Copyright Blog

NOVEMBER 24, 2021

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).

Contracts 98

Contracts Copyright Law Cease and Desist 98

SpicyIP

NOVEMBER 8, 2023

Speaking of this topic, I can’t miss Bedaquiline , the first new drug to receive approval to treat tuberculosis (TB) in over 40 years, which raised serious questions about its marketing approval without mandatory Phase III clinical trials in India and around informed consent of Indian patients.

Trademark 59

Trademark Publishing Journalism Copyright 59

The IPKat

SEPTEMBER 12, 2021

Abbott has two CGM devices on the market - the Freestyle Libre 1 and Libre 2 - which Abbott claims is the top selling CGM product in the world, used by 3 million people in 50 countries. With a more expensive product than Abbott's, Dexcom has a much smaller UK market share. Libre 2 was launched in October 2020.

Litigation 98

Litigation Patent Marketing Marketing 98

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

In 2010, the Second Circuit issued a watershed decision about secondary trademark infringement. Normally trademark owners aren’t third-party beneficiaries of that contract. This bill will kill online marketplaces and make markets less efficient. Overturning Tiffany v. Who Cares About Privacy?

Trademark 136

Trademark False Advertising Advertising Advertising 136

Fish & Richardson Trademark & Copyright Thoughts

MARCH 8, 2021

The abbreviated biosimilar licensure pathway created by the Biologics Price Competition and Innovation Act (BPCIA) in 2010 was designed to increase competition for biologics and reduce healthcare costs. Already, FDA has licensed almost 30 biosimilars, nearly 20 of which are available to patients in the United States.

Settlement 40

Settlement Licensing Designs Design 40

IP and Legal Filings

DECEMBER 11, 2022

The Malaysian Parliament passed the 2010 Competition Act and 2010 Competition Commission Act in May 2010, and on June 2, 2010, they were given royal assent. The Malaysian Contracts Act 1950 also has a particular ban on trade restraint. Image Source: Istock].

Law 52

Law Marketing Marketing Contracts 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

At the same time, market uptake of biosimilars in the United States continued to increase, suggesting that there is room for expansion of biosimilars in the U.S. In addition, fewer new biosimilars entered the market this past year, with five biosimilar launches in 2020 as compared to seven in 2019. Yet biosimilars of anti-TNF?

Settlement 52

Settlement Litigation Marketing Marketing 52

Intepat

MAY 12, 2023

Not all states are contracting parties under the Madrid Protocol, such as Hong Kong, Afghanistan, Bangladesh, Nepal, Pakistan, etc. Therefore, in countries such as these which are non-contracting parties. The duplicate brands/dummy brands kept forging the market of the original Honda Motors Co. to eliminate this threat.

Registration 52

Registration Branding Brands Branding 52

Kluwer Copyright Blog

MAY 11, 2023

The relevant act, seeking to bring Ireland in line with the Directive, is the Statutory Instrument 567/2021 ‘European Union (Copyright and Related Rights in the Digital Single Market) Regulations 2021’ (hereinafter ‘ the Regulations’ ). The Irish legislative transposition finally became law on 19 November 2021.

Copying 103

Copying Copyright Law Copyright Social Media 103

The IPKat

AUGUST 24, 2023

Novartis appealed this decision and ended up obtaining a PI on appeal in October 2010. Novartis kept Mylan out of the Belgian market for a year before the Technical Board of Appeal (TBA) definitively revoked its patent in September 2011. This meant that generic versions could be marketed from that day onwards.

Litigation 52

Litigation Law Patent Invention 52

43(B)log

AUGUST 4, 2021

1) Dealing with transaction cost problems (though thinks that’s likely overstated); (2) ©’s inherent distributional inefficiencies; (3) market power barriers to innovation in dissemination—removing bottlenecks based on market power; (4) non-efficiency considerations—libraries, disability rights, distributive justice. (2)-(4)

Copyright 45

Copyright Licensing Fair Use Contracts 45

Nelligan Law

FEBRUARY 8, 2023

1793 Upper Canada introduces The Act to Limit Slavery in Canada In 1793, the Lieutenant Governor of Upper Canada introduced An Act to Prevent the further Introduction of Slaves and to limit the Term of Contracts for Servitude (the “ Act to Limit Slavery in Upper Canada ”). Nelligan Law strives to be part of that change.

Law 82

Law Government Business Contracts 82

43(B)log

AUGUST 11, 2022

Around 2010, some studios started enforcing, e.g., Twentieth Century Fox sued over copying of plot of Phone Booth and was successful. But there was pressure from the market: this is a business trying to make money. One company does the market research and the other follows.

IP 72

IP Copying Marketing Marketing 72

Nelligan Law

FEBRUARY 8, 2022

1793 Upper Canada introduces The Act to Limit Slavery in Canada In 1793, the Lieutenant Governor of Upper Canada introduced An Act to Prevent the further Introduction of Slaves and to limit the Term of Contracts for Servitude (the “ Act to Limit Slavery in Upper Canada ”). Nelligan Law strives to be part of that change.

Law 85

Law Government Business Contracts 85

SpicyIP

DECEMBER 30, 2023

The Court interpreted the clause on ownership of work made during a contract of service (Section 17(c)) to not apply in situations where there is a contract between equals. The Court limited the scope of Section 17(c) to apply to contracts where the relationship between the parties is akin to that of an apprenticeship.

IP 124

IP Copyright Trademark Intellectual Property 124

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

The biosimilar market also exhibited continued growth, with multiple biosimilar developers reporting strong sales of biosimilars through 2021. With respect to commercial launches, the United States saw fewer new biosimilars entering the market in 2021 than in previous years. Introduction. Biosimilar Regulatory Updates.

Litigation 52

Litigation Settlement Patent Marketing 52

43(B)log

FEBRUARY 3, 2023

Sure, says the market, but I’ll take a little less quality for a lot less $. Maybe the consumer base will stave this off for music since the market is different/less focused on advertisers. Photographers=demonstrated that they are artists, not the way they made their $, which was through contracts. What we do has value.

Copyright 59

Copyright Music Marketing Marketing 59

Technology & Marketing Law Blog

JANUARY 27, 2022

The Crisis of Online Contracts (as Told in 10 Memes) , Notre Dame J. Previous year-in-review lists from 2020 , 2019 , 2018 , 2017 , 2016 , 2015 , 2014 , 2013 , 2012 , 2011 , 2010 , 2009 , 2008 , 2007 , and 2006. The post 2021 Internet Law Year-in-Review appeared first on Technology & Marketing Law Blog. Emerging Tech.

Social Media 125

Social Media Law Privacy Government 125

Technology & Marketing Law Blog

JANUARY 24, 2023

Two recent key developments were the Digital Markets Act and the Digital Services Act. This discourages visits to new sites, which will reward incumbents and thwart new market entrants. And yet…a #MAGA Ohio judge sealioned his rejection of Google’s motion to dismiss. at greater risk.

Law 113

Law Social Media Government Privacy 113