IP and Legal Filings

MARCH 14, 2022

Article 6bis of the Convention fails to establish a period or tenure for an author’s moral rights, leaving it to the discretion of the Convention’s contracting parties. Facts: The plaintiff set out to complete the difficult undertaking after entering into a contract with the Central Public Works Department (defendant No.

Moral Rights 61

Moral Rights Copyright Contracts Law 61

IIPRD

JANUARY 5, 2023

Copy right and Indian cinema. Merkin [10] It was decided that even while the director may have a significant say in how the movie should be filmed, the producer owns the copyright because they are more heavily involved in gathering the script, creating third parties or employment contracts with performers, etc. 1] [link]. [2]

Intellectual Property 98

Intellectual Property Cinema Ownership Music 98

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. The purpose of copyright, its social and innovation function, is thereby seriously undermined.

Copyright 122

Copyright Art Licensing Contracts 122

Kluwer Copyright Blog

FEBRUARY 22, 2023

Part I addresses decisions in the areas of scope of protection, exploitation rights, exceptions and limitations, and copyright contract law. Following the 2013 BGH decision Geburtstagszug , several lower courts afforded copyright protection in the area of applied art despite only a minor degree of individual character.

Copyright 52

Copyright Law Copyright Law Contracts 52

The IPKat

FEBRUARY 3, 2023

Especially in the aftermath of a 2013 stakeholder-led dialogue, Licences for Europe, scientific, technical, and medical publishers included TDM for non-commercial purposes in their subscription licences for academic institutions and developed common infrastructures to facilitate access to the content to be mined.

Government 141

Government Related Rights Copyright Law 141

IP and Legal Filings

JANUARY 31, 2022

Application for establishment of BO/LO/PO in India may be submitted by the non-resident entity in Form-FNC to the designated AD Category-I bank and the AD Category-I bank after due diligence shall forward a copy of the Form-FNC along With details to the General Manager, Reserve Bank of India, New Delhi for allotment of Unique Identification Number.

Due Diligence 74

Due Diligence Business Designs Design 74

43(B)log

DECEMBER 26, 2022

AKF contracted with two corporate defendants to be AKF’s third-party fulfillment intermediaries for several hundred thousand units of disposable vaping devices, batteries and related goods. 2013), the Ninth Circuit said the “actual knowledge” or “willful blindness” mental states could satisfy the knowledge element. AKF sued LCF etc.

Copyright Infringement 59

Copyright Infringement Branding Brands Branding 59

Kluwer Copyright Blog

MAY 11, 2023

The most modern instalment of this long history comes in the form of another kind ‘copy’, less richly decorated, yet more relevant and politically sensitive for a country that has established a long-term foreign investment “partnership” with the tech and communication industry: the transposition of Directive 2019/790 into Irish law.

Copying 103

Copying Copyright Law Copyright Social Media 103

The IPKat

NOVEMBER 20, 2023

The BoA discussed the items of evidence filed by 44IP: Statistical data of people watching Formula 1 in 2013 did not include data from Bulgaria, Croatia, Estonia, Latvia and Lithuania. They also lacked information on the number of copies sold and their distribution among the general public or the number of online views.

Art 105

Art Branding Brands Branding 105

IIPRD

DECEMBER 28, 2021

To compute royalties per stream, the platform considers parameters such as the country in which the song is played, the country’s currency value, contracts, artist worth, and so on. It outperformed predictions, selling over 1.287 million copies in its first week, with no streams from music sites counted.

Music 40

Music Business Copying Licensing 40

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. It recently held a workshop where academics and regulators addressed the issue. Vast majority of cases involve misappropriation by electronic means.

Confidentiality 69

Confidentiality Law Contracts Business 69

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. It recently held a workshop where academics and regulators addressed the issue. Vast majority of cases involve misappropriation by electronic means.

Confidentiality 52

Confidentiality Law Contracts Business 52

43(B)log

AUGUST 5, 2021

Industry pushed very hard against cheap copying, and yet as of 2019 there were only 538 registrations in 20 years versus hundreds of thousands of utility patents. Mala Chatterjee, Understanding Intellectual Property: Expression, Function, and Individuation © and patent differ in breadth and type of rights (copying requirement v.

IP 45

IP Invention Designs Design 45

43(B)log

APRIL 18, 2023

What if such editing would violate the contract with old promotional partners?] But it was unnecessary to require defendants to share a corrective statement in all of their presentations and to make available copies of the injunction at all U.S. Would the possibility of digital editing suffice? AE Tech Co., 3d 1375, 1384 (Fed.

False Advertising 72

False Advertising Advertising Advertising Social Media 72

Fish & Richardson Trademark & Copyright Thoughts

MARCH 8, 2021

Under the new amendments, reference product sponsors (RPSs) must provide FDA with copies of any patent lists, along with patent expiration dates, within 30 days of when they were first provided to biosimilar applicants as part of the patent dance (pursuant to 42 U.S.C. § 262( l )(3)(A) or ( l )(7)).

Settlement 40

Settlement Licensing Designs Design 40

IP and Legal Filings

MAY 3, 2023

Originality is the quality that distinguishes produced or invented works from copies, clones, forgeries, or derivative works by being new or novel. The papers were taken from copies of the examination papers that students provided, not from publications by the University of London Press Ltd. 1] [1916] 2 Ch 601. [2] 4] 499 U.S.

Copyright 90

Copyright Public Domain Copying Publishing 90

Copyright Lately

OCTOBER 25, 2021

As the story goes, they provided him with a copy of a few scenes from “Ghostbusters” in which the theme would appear. ” They argued that had Twain really written the book, Clemens’ estate would own the copyright and Harper would have the exclusive right under contract to publish it. A Nightmare on My Street.

Copyright 144

Copyright Cinema Copying Copyright Infringement 144

Kluwer Copyright Blog

MAY 30, 2022

An aspect that remains fully obscure is the interplay between these criteria and the parties’ freedom to contract. The Italian provision requires the negotiation of the contract to be conducted “taking into account the criteria set by AGCOM” (Art. To date, the decree has yet to be drafted. 43bis (9)). Since Article 43bis l.aut.

Publishing 56

Publishing Law Contracts Licensing 56

The IPKat

MARCH 27, 2022

The parties Fairfax & Favor was started in May 2013 by two schoolfriends who wanted to design their own luxury leather goods after initially importing goods from Spain. In those emails with Mr Arroyo, Mrs Meikle sent him a link to a page showing the Amira boot so that Mr Arroyo could " copy exactly " this boot.

Designs 52

Designs Design Copying Art 52

Kluwer Copyright Blog

MAY 30, 2022

An aspect that remains fully obscure is the interplay between these criteria and the parties’ freedom to contract. The Italian provision requires the negotiation of the contract to be conducted “taking into account the criteria set by AGCOM” (Art. To date, the decree has yet to be drafted. 43bis (9)). Since Article 43bis l.aut.

Publishing 52

Publishing Law Contracts Licensing 52

43(B)log

FEBRUARY 4, 2023

Contract instead of ©? Sarah Louise Bishop, Scenes a Faire, Novelty, and Genre Before 2013, no court of appeals affirmed use of scene a faire on motion to dismiss, and since then it’s happened a fair amount: 45% in last 5 years. In Canada, the UGC exception is limited to things that don’t substitute. Micropayments?

Copyright 59

Copyright Fair Use Privacy Derivative Work 59

Technology & Marketing Law Blog

JULY 25, 2022

In 2013 and 2015, it granted exclusive licenses to stream those works to Starz, a premium subscription channel. OK, that’s a clear breach of contract, but how is it copyright infringement? 1994), the plaintiff gave a copy of his screenplay to a film producer in 1985. 17 U.S.C. § 201(d)(2). The Ninth Circuit Precedents.

Blogging 85

Blogging Copyright Licensing Copyright Infringement 85

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

In particular, under the new amendments, reference product sponsors (RPSs) are required to provide FDA with copies of any patent lists, along with patent expiration dates, within 30 days of when they were first provided to biosimilar applicants as part of the patent dance (pursuant to 42 U.S.C. § 262( l )(3)(A) or ( l )(7)). 17-cv-04180, E.D.

Settlement 52

Settlement Litigation Marketing Marketing 52

Trading Secrets

DECEMBER 29, 2022

Additionally, a recent Third Circuit decision held that copying is not the only method that trade secret plaintiffs can demonstrate actionable “use” under the Defend Trade Secrets Act. A restrictive covenant is a legal term for a clause in an employment contract (or a standalone agreement) that prevents an employee from doing something.

Confidentiality 59

Confidentiality Business Law Contracts 59

LexBlog IP

DECEMBER 29, 2022

Additionally, a recent Third Circuit decision held that copying is not the only method that trade secret plaintiffs can demonstrate actionable “use” under the Defend Trade Secrets Act. its training procedures, and its off-boarding policies. Anatomy of a Restrictive Covenant. View the Recording.

Confidentiality 40

Confidentiality Business Law Contracts 40