The IPKat

JANUARY 31, 2023

Permission to Appeal Permission to appeal was refused, both on the grounds advanced by ONI relating to whether Mr Jing's low salary was relevant and should have been taken into account under section 39 of the Patents Act and on the basis of fairness under Unfair Contract Terms. The result being that money was due.

Confidentiality 52

Confidentiality Contracts Licensing Inventor 52

Patently-O

SEPTEMBER 13, 2021

The decision is significant as it is the first by the Fifth Circuit to address the licensing of standards-essential patents and the meaning of “fair, reasonable and nondiscriminatory” (FRAND) licensing terms, adding to the growing body of jurisprudence already issued by the Third, Ninth and Federal Circuits in this area. Background.

Licensing 56

Licensing Contracts Patent Law Law 56

The IP Law Blog

AUGUST 25, 2022

In 2011-2012, VNG released Zing MP3 apps with Apple and Google. The Court also found it significant that VNG had “contracted with U.S. and noted that it had signed license contracts with various U.S. market” by VNG. In 2014, Lang Van sued VNG for copyright infringement. businesses in conjunction with Zing MP3.”

Copyright Infringement 98

Copyright Infringement Copyright Contracts Music 98

Technology & Marketing Law Blog

AUGUST 11, 2023

Another 3k+ word post about the jurisprudential chaos in online contract formation law. But ultimately, the onus is on Disney to create a contract formation process so conspicuous that a court can’t reach decisions like this. ”” In 2012, PayPal added a mandatory arbitration clause that users could opt-out-of.

Contracts 72

Contracts Law Reporting Blogging 72

Kluwer Copyright Blog

FEBRUARY 22, 2022

In this post, we offer an overview of the project to date, stratified across CREATe’s core research themes : Creative Industries , the Public Domain , and Competition and Markets. For investors, copyright has become a currency; users struggle with rights clearance (or ignore rights altogether); creators seek ever new ways to the market.

Copyright 52

Copyright Public Domain Marketing Marketing 52

LexBlog IP

AUGUST 25, 2022

In 2011-2012, VNG released Zing MP3 apps with Apple and Google. The Court also found it significant that VNG had “contracted with U.S. and noted that it had signed license contracts with various U.S. market” by VNG. In 2014, Lang Van sued VNG for copyright infringement. or other places outside Vietnam.

Copyright Infringement 52

Copyright Infringement Copyright Contracts Music 52

LexBlog IP

APRIL 15, 2022

When Christie’s Auction House first entered the secondary art market of mainland China in 2005, it licensed its brand to a local auction house and received a total of RMB 97,000,000 (roughly $12,100,000) for its inaugural sale. [1] A relaxed regulatory environment helps explain the enormous growth of the Chinese art market.

Art 52

Art Marketing Marketing Artwork 52

The IPKat

SEPTEMBER 23, 2022

This referral adds to the referral made a few months earlier by the Finnish Market Court on the interpretation of Article 3(c) and its interplay with Article 3(a) (case C-119/22 ). Willemen had in the meantime entered into a license agreement under Vandenbempt’s Belgian patent.

Litigation 81

Litigation Law Patent Invention 81

Kluwer Copyright Blog

JUNE 20, 2023

This doctrine has a significant effect on the economic vitality of the NFT industry, especially when it comes to ‘online exhaustion’ and the prospect of a secondary market in digital content. Firstly, in conformity with the CJEU’s 2012 UsedSoft case, the exhaustion doctrine applies to first sales of computer software copies.

Artwork 98

Artwork Contracts Ownership IP 98

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. For the first time since FDA licensed the first biosimilar, Sandoz’s Zarxio ® (filgrastim-sndz), in 2015, the United States saw a decrease in annual biosimilar approvals in 2020.

Litigation 52

Litigation Settlement Marketing Marketing 52

SpicyIP

MAY 23, 2024

This landmark decision recognizes the rights of the authors, which were long overdue and often neglected, despite being enshrined under the Copyright Act via the 2012 amendment. Cut to almost 4 decades later, in 2012, the copyright laws in India were amended.

Music 59

Music Licensing Copyright Moral Rights 59

43(B)log

AUGUST 5, 2021

Through 2012, only about 1000 registered. Consider compulsory licensing as a midway point here as well. Could we temporarily override rights in quantum tech to repair market power problems? found in one key case that boat hulls didn’t infringe if the decks were different. Computer chips: Semiconductor mask works, 1984.

IP 45

IP Invention Designs Design 45

Technology & Marketing Law Blog

JANUARY 25, 2024

Then he reversed course on remand and ruled in favor of LinkedIn on its breach of contract claims. On January 23rd, Judge Chen once again dropped a bombshell for the web-scraping world (and those looking to stop it) by ruling in favor of Bright Data and against Meta on its breach of contract claims at summary judgment. Bright Data Ltd.

Blogging 71

Blogging Contracts Cease and Desist Confidentiality 71

The IPKat

AUGUST 2, 2023

FRAND – Licensing Terms InterDigital selected 20 of its previous licences as comparables – the InterDigital 20. The Judge held that the patent licence agreements (‘PLA’) relied upon by InterDigital were not relevant comparables: the scale of the licensed business in each case was dramatically smaller than that of Lenovo.

Marketing 52

Marketing Marketing Licensing Patent 52

LexBlog IP

JUNE 28, 2023

The term includes, according to the decision, all forms of marketing of the copy of the computer program that include a right of time-limited use for a price. The compensation for damages cannot be less than twice the fee that is usually or by law paid for the type of exploitation that the infringer did without license. 2916/2022. (2)

Copying 52

Copying Copyright Law Copyright Editing 52

Patently-O

FEBRUARY 22, 2023

10] According to one of the biggest litigation funders, publicly traded Burford Capital—recently featured on 60 Minutes [11] —there was a 237% increase in overall litigation funding in the US between 2012 and 2018, a trend that, by all accounts, continues unabated. [12] Patent assertion finance today is a multibillion-dollar business. [2]

Litigation 126

Litigation Reporting Settlement Government 126

SpicyIP

JANUARY 2, 2022

This judgment concerned the classification of payments under end-user license agreements (EULA). Both suits were filed before the 2012 amendment to the Copyright Act. Further, given that the 2012 amendment does not have a retrospective effect, the Court held that the amendment has no effect on the legal position.

IP 143

IP Intellectual Property Copyright Trademark 143

Kluwer Copyright Blog

JUNE 1, 2023

The members of the European Copyright Society (ECS ) have recently sent a letter to Mr. Thierry Breton ( Commissioner for Internal Market , European Commission ) outlining their view of what should be the priorities for a f uture agenda in the field of copyright law. The letter is available here and its contents are reproduced below.

Copyright Law 109

Copyright Law Copyright Law Art 109

Copyright Lately

JANUARY 16, 2022

Crabtree claims that Kirkman talked him into giving up co-ownership rights in “Invincible” by asking him to sign a document in 2005 that Kirkman represented would make it easier to market the work to licensees but which wouldn’t affect any of Crabtree’s rights. A copy of the Crabtree’s new lawsuit follows.

Ownership 65

Ownership Television Copyright Copyright Notice 65

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

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Fifth, assuming Trump owns a valid copyright, did he grant an implied license to Woodward to publish transcripts of the interviews and/or the record­ings themselves? The bottom line: even if he gets past the implied license problem, Trump still has to survive several other substantive and procedural hurdles to recovery.

Copyright 120

Copyright Blogging Publishing Fair Use 120

43(B)log

FEBRUARY 19, 2022

Contracts aren’t enough to specify what each person is to do and what percent of the profits they get. In 2016, b/c of issues from 2012 and McCain, the ASCAP/BMI blanket license added an opt out for political campaigns. Is there evidence of market harm from use by campaign? markets to see R and D effects, but not yet.

Branding 59

Branding Brands Branding Music 59

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 114

Law Social Media Government Privacy 114