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

The IPKat

MAY 12, 2023

The defendant - Mr Aughton - had been developing software for over 50 years and was employed by PQ from 1989 as a software developer and was appointed a director in 2013. Peripheral issues relating to Mr Aughton's duties under his employment contract overlapped with these three core issues.

Copyright Infringement 67

Copyright Infringement Copyright Confidentiality Copying 67

The TTABlog

APRIL 6, 2022

In Moreno , the Board held that, although exclusive licensee Julie Moreno could establish entitlement to a statutory cause of action, she could not prove priority based on use of the mark at issue by her licensor because that would "improperly recognize trademark ownership rights in a licensee." See also Chem. Conmar Form Sys.,

Ownership 52

Ownership Registration Trademark Contracts 52

Patently-O

MAY 1, 2024

But, mere ownership of the patent does not automatically confer standing – the plaintiff, whether the patentee or an exclusive licensee, must have retained the right under the patent to exclude the accused infringer from practicing the claimed invention.

Licensing 54

Licensing Patent Ownership Patent Infringement 54

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. But the distribution right does not include “the mere transportation of goods without a transfer or sale of ownership interest in the goods.”

Copyright Infringement 59

Copyright Infringement Branding Brands Branding 59

U.S. Department of Commerce

FEBRUARY 24, 2022

EDA’s RLF program assists businesses by capitalizing local investment programs that provide gap financing to businesses that might not be able to obtain traditional bank loans, while MBEs can access a variety of technical assistance, including access to capital, access to contracts and access to markets by contacting a local MBDA Business Center.

Business 81

Business Government Ownership Contracts 81

LexBlog IP

MAY 11, 2023

The government of UAE has allocated certain designated areas in all the emirates that are specified for foreign ownership, which is generally known as “freehold” properties. Upon the completion of this step you will receive the initial contract of sale which will be issued by the Land Department of the concerned emirate.

Government 40

Government Due Diligence Ownership Registration 40

Kluwer Copyright Blog

FEBRUARY 8, 2024

Typically, in the case of scholarly publications, authors are publicly funded through payment under a standing contract with a university or research institute, or through project funding, including EU funding. Copyright in a work made for hire resides in the author of the work, unless the commission contract provides otherwise.

Publishing 130

Publishing Contracts Art Copyright 130

IP and Legal Filings

JANUARY 23, 2024

DAOs stand by the statement that, “code runs the board” rather than the other way around since the code is open source i.e. can be seen by anyone, is executed by efficient smart contracts and finds its way around the archetypal company management style. iv] (user content stored on centralised servers of the company). [v]

Contracts 78

Contracts Government Ownership Intellectual Property 78

LexBlog IP

APRIL 1, 2022

It includes a lengthy list of specific financial products with well-understood legal meanings (such as stocks and bonds), but it also includes broader, more flexible terms (such as an “investment contract”), which can apply to a wide range of financial arrangements. [6]. The phrase “investment contract” is not defined in the Securities Act.

Non-Fungible Tokens 52

Non-Fungible Tokens Law Contracts Artwork 52

43(B)log

AUGUST 5, 2021

It seems that boat designers/manufacturers used C&Ds under this regime, but there were 1100 utility patents on boat hulls and 20 design patents since 2013, which was the last boat hull registration. Ownership is of linguistic description of structural properties of invention. Was more heavily used 1999-2003.

IP 45

IP Invention Designs Design 45

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? It’s copyright infringement because an exclusive license is a transfer of copyright ownership. 17 U.S.C. § 201(d)(2). 204(a) ). (A

Blogging 85

Blogging Copyright Licensing Copyright Infringement 85

Patently-O

FEBRUARY 22, 2023

33] And let’s not forget the elephant in the room, the USPTO, which, as the issuer of patents, has the right to ask for ownership information and the recordation of secured interests throughout the administrative process, particularly as it comes to the broad fee-setting and fee-paying authority it has over the patents it issues and reviews.

Litigation 124

Litigation Reporting Settlement Government 124

SpicyIP

JULY 19, 2021

NFTs (Non-fungible tokens), which act as a certificate of ownership for whatever the creator puts up for sale, allow artists to set their preferred terms of contract while making sales. She highlights that the emphasis is on investing only in royalty revenue and not buying the artist’s rights or retaining control over their work.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

43(B)log

FEBRUARY 4, 2023

Motivation for © owners to change how they view ownership? 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. Is fair use/fair dealing the answer?

Copyright 59

Copyright Fair Use Privacy Derivative Work 59

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

This presumption is a departure from the traditional framework for analyzing the legality of patent settlements set forth by the Supreme Court in the 2013 case, FTC v. Actavis , under which an antitrust plaintiff bears the burden of proof. Sandoz , 964 F.3d 3d 1049 (Fed. The first case, brought by Pfizer (No. 17-cv-04180, E.D.

Settlement 52

Settlement Litigation Marketing Marketing 52

JIPL Online

FEBRUARY 25, 2021

1] It’s not uncommon to hear artists complain about record label contracts once they see the impact their deals have on the control of their own music. [2]. Artists’ Frustrations with Transfer of Ownership in Record Agreements. BACKGROUND. 9] Kanye West also recently went public about his fight to regain the rights to his masters. [10]

Music 98

Music Ownership Copyright Law Contracts 98

SpicyIP

JANUARY 2, 2022

Particularly, it was argued that against the backdrop of the pandemic, the medicines produced were in high demand due to their characteristics of relieving some of the major symptoms exhibited by the patients who had contracted the Covid-19 virus. Saregama India Limited v. Next Radio Limited [Supreme Court].

IP 143

IP Intellectual Property Copyright Trademark 143

LexBlog IP

APRIL 4, 2023

District Court for the Northern District of Texas kept the trade secret and breach of contract claims but applied Texas’ preemption doctrine to dismiss claims for breach of fiduciary duty and civil conspiracy. Check out the latest case, PRO MINERAL, LLC v. Marietta, Dist. where the U.S. In Amimon, Inc. Shenzen Hollyland Tech Co.

Confidentiality 40

Confidentiality Blogging Litigation Reporting 40