SpicyIP

SEPTEMBER 29, 2021

Zolgensma and the Inadequacies of the Compulsory Licensing Regime. Compulsory Licensing: Chinks in the Armor. The TRIPS Agreement has incorporated certain fail-safes in the form of Compulsory Licenses for when patents are seen to be acting contrary to public need. Natco Pharma Ltd, 2014 SCC OnLine Bom 963.

Licensing 119

Licensing Government Invention Patent 119

Patently-O

MAY 9, 2024

Nealy was incarcerated from 1989 to 2008 and again from 2012 to 2015 , and consequently was unaware that Butler had licensed their music without proper authorization. It was not until after his release in 2015 that Nealy discovered these unauthorized licenses, a revelation that came too late according to a straight three-year bar.

Copyright 89

Copyright Music Due Diligence Copyright Infringement 89

IIPRD

MARCH 21, 2024

Introduction Competition law and intellectual property rights (IPR) are like two different sides of the same coin, as they both work to ensure vibrancy in the market and promote consumer welfare. Yet, despite having a common point, they sometimes contradict each other’s jurisdiction. CCI, 2016, and Monsanto v.

Intellectual Property 98

Intellectual Property Law Licensing Intellectual Property Law 98

IP and Legal Filings

JUNE 21, 2021

In the United States, the first financial exchange focusing on the IP asset was established in 2014. The main aim was to facilitate the non-exclusive licensing and trading of IP assets. This shows how important is the licensing aspect of the company which deals in the IP field. Giving a larger ground for licensing.

Due Diligence 63

Due Diligence IP Contracts Licensing 63

TorrentFreak

DECEMBER 24, 2023

This WeCast product was marketed towards the hotel market at some point but regardless of location or content, functionality doesn’t change. Copyrighted content being distributed without a license appears to be the root of the allegations facing Lime Fiber.

Social Media 98

Social Media Copyright Marketing Marketing 98

The IPKat

JUNE 21, 2022

In Chapter 4, Beatriz Conde Gallego debates whether owners of standard-essential patents (SEPs) must grant licences in “license to all” or “access to all” approaches. Giuseppe Mazziotti examines, in Chapter 8, the solutions to online music licensing, adopted by the EU.

Intellectual Property 126

Intellectual Property Invention Social Media IP 126

SpicyIP

MARCH 15, 2024

This post does not, in any manner, get into the arena of willingness or unwillingness of defendants to enter into a licensing agreement. The negotiations between ID and defendants commenced in October 2014 (para 10). I pose questions (rather than offer comments) with regard to the Court’s approach on bank guarantees.

Patent Infringement 59

Patent Infringement Settlement Patent Licensing 59

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

TorrentFreak

FEBRUARY 15, 2024

Given the ongoing shift in the TV market away from terrestrial and satellite delivery in favor of IP-based services, cloud recording services are no longer the big deal they once were. In letters sent to around 20 companies, TTVK warned that without proper licensing, these services were illegal and must be shut down.

Copyright Infringement 91

Copyright Infringement Copyright Fair Use Licensing 91

The IPKat

AUGUST 8, 2022

doubled on average every five years between the early 1990s to 2014 [see here page 61, figure 10.1]. Competition and market functioning 3. Licensing of SEPs 6. A patent that protects technology which is essential to implementing a standard is known as a standard essential patent (SEP). The number of declared?SEPs?doubled

Government 93

Government Publishing Patent Reporting 93

IP Intelligence

JUNE 7, 2023

Warhol created these silkscreens from a photograph of Prince taken by Lynn Goldsmith, who claimed copyright infringement when the Warhol estate licensed Orange Prince to Conde Nast after Prince’s passing in 2016 to illustrate an article about Prince’s life and music. at 1289 (Gorsuch, concurring) (emphasis added). at 1290 (Gorsuch, J.,

Fair Use 105

Fair Use Licensing Music Art 105

Kluwer Copyright Blog

APRIL 18, 2023

The limitation on the use of Meta’s libraries occurred after the tech behemoth and the Italian copyright collecting society for authors and editors (“Società Italiana degli Autori ed Editori”, “SIAE”) came to an impasse during the renewal of the license agreement for the exploitation of the Italian repertoire.

Music 98

Music Art Licensing Copyright 98

The IPKat

NOVEMBER 14, 2022

a wise cat that care about environment kindly provided in CC0 Public Domain license by Pixhere.com) Having to make a selection among the many topics covered, this GuestKat finds it interesting to note that during the conference the EPO case G2/21 on 'plausibility', was repeatedly discussed from different angles.

IP 76

IP Marketing Marketing Confidentiality 76

The IPKat

OCTOBER 7, 2021

Merpel wonders where we are headed on the FRAND licensing level debate, and who is in the driver's seat? SEP Litigation Demonstrates Licensing Component Suppliers Would Increase Efficiency Some SEP owners have argued against licensing component suppliers under the pretext that it is more efficient to license end users.

Licensing 57

Licensing Litigation Technology Patent 57

The IPKat

OCTOBER 30, 2023

Case Background: "Heat not burn" Philip Morris (PM) and BAT both market so-called "heat-not-burn" devices as alternatives to conventional cigarettes. Limited [2020] EWCA Civ 1292, AP Racing Ltd v Alcon Components Ltd [2014] EWCA Civ 40 ). In these electronic devices, cartridges of tobacco are heated ("not burned"). Smoke Free World. "

Invention 113

Invention Patent Application Patent Drafting Patent 113

Intellectual Property Law Blog

APRIL 5, 2021

For instance, members of a patent pool may agree to pool and license their patent rights to a third party in exchange for fees or royalties. In another scenario, members of a patent pool may agree to pool and cross-license their patent rights to one another. License on Transfer (LOT) Network.

Patent 100

Patent Licensing Intellectual Property Technology 100

The IPKat

APRIL 8, 2023

The IPKat has received and is happy to host this guest contribution by Deborah De Angelis (Studio Legale DDA) on the highly publicized halted licensing negotiations between Italian collecting society SIAE and Meta regarding the availability of the music repertoire administered by the former on the latter’s services. 17 (4), a). IPKat here ].

Music 129

Music Art Copyright Related Rights 129

The IPKat

DECEMBER 13, 2023

Recital 54 links the introduction of Article 15 to the need to facilitate press publishers when licensing the use of press publications to providers of ‘new online services’. As regards the latter, a specific question was posed to Commissioner Breton regarding licensing modalities.

Related Rights 80

Related Rights Publishing Licensing Contracts 80

IP and Legal Filings

FEBRUARY 12, 2023

Markets all around the world has been specially targeted the most under the globalization. Thus, brought many effects on all the markets globally; some have been reengineered, some have been revamped and the rest have been in a state of flux. The IPR and competition law relationship is dominated by two primary issues.

Intellectual Property 52

Intellectual Property Law Intellectual Property Law Marketing 52

Copyright Lately

NOVEMBER 8, 2022

The principle that characters which evolve over time don’t enter the public domain all at once was established by the 2014 opinion in Klinger v. The wall clock on the right was the subject of a 2014 copyright lawsuit filed by Harold Lloyd Entertainment alleging infringement of the iconic clock scene from “Safety Last” (1923).

Public Domain 145

Public Domain Derivative Work Copyright Social Media 145

SpicyIP

APRIL 15, 2022

I have also covered the litigative attempts of PPL to continue to issue licenses by getting rights assigned in its favour and cleverly using the first proviso to Section 33(1). It has continually been relying on suspect assignment agreements in its favour and using the proviso of Section 33(1) of the Act, to issue licenses.

Registration 105

Registration Licensing Copyright Litigation 105

43(B)log

MARCH 18, 2022

Fresh Bourbon allegedly falsely advertises that Fresh Bourbon is the “first black-owned bourbon distillery in Kentucky,” and makes other related false claims, which is allegedly false because it’s not a distillery, which requires both federal (TTB) and Kentucky (KABC) licenses. Fresh Bourbon counterclaimed for Lanham Act false advertising.

False Advertising 69

False Advertising Advertising Advertising Marketing 69

Kluwer Copyright Blog

MARCH 6, 2023

A series of recent amendments to copyright law, including in the EU Copyright and the Digital Single Market Directive (Art. Inadequacy of Restricting Research to Open Access Sources Due to concerns about copyright, TDM researcher often restrict their uses to materials published under open-access copyright licenses. million abstracts.

Copyright 122

Copyright Social Media Publishing Licensing 122

SpicyIP

JANUARY 27, 2024

In 2014, India signed and ratified the treaty. But if your interest is in the specific case studies, Arogyapacha is worth reading, as it exemplifies bringing valuable TK to the market and sharing revenues with an indigenous community. In 2014, the NPPA capped the prices of drugs, causing a stir in the pharmaceutical industry.

IP 64

IP Licensing Copyright Blogging 64

TorrentFreak

MAY 17, 2022

It is unlikely that these features will appear on a licensed mainstream service but that doesn’t stop subscribers from desiring them. for a ‘lifetime’ license. Aside from living up to the significant functional claims in its marketing, the big questions revolve around legality.

Copying 116

Copying Social Media Licensing Technology 116

Technology & Marketing Law Blog

DECEMBER 27, 2023

The rarity of … evidence [of actual confusion] makes even a few incidents highly probative of the likelihood of confusion.” * In 2014, Defendants’ executive assistant sent a LinkedIn message seeking to arrange an introduction call to KeyBank, a client of Plaintiffs. Initial interest confusion is actionable in the Third Circuit.

IP 72

IP Advertising Advertising Copyright 72

LexBlog IP

AUGUST 2, 2023

The amount that the infringer would have paid to the trademark owner, if he had entered into a license agreement with the rights owner, whereby the use of the trademark is authorized, considering the commercial value of the trademark and the remuneration provided for in other licenses entered into by the trademark owner with third parties.

Trademark 52

Trademark Licensing Government Litigation 52

Technology & Marketing Law Blog

JULY 14, 2022

Dropbox says it has amended its TOS twelve times since 2011, including adding the arbitration clause in 2014. [NB: That includes no arbitration clause with pre-2014 users. Dropbox appeared first on Technology & Marketing Law Blog. Ninth Circuit Strikes Down Contract Amendment Without Notice–Douglas v. Talk America.

Contracts 108

Contracts Blogging Business Law 108

Technology & Marketing Law Blog

JULY 25, 2022

1962 (2014), the U.S. 2014) (collecting cases). In 2013 and 2015, it granted exclusive licenses to stream those works to Starz, a premium subscription channel. The time periods for each license were separate, and some licenses were renewed multiple times, resulting in more than 1,000 separate license periods.

Blogging 85

Blogging Copyright Licensing Copyright Infringement 85

Patently-O

JANUARY 4, 2024

2014), a district court judge addressed the issue of copyright infringement in the context of legal briefs. a Minnesota federal court also concluded the law firm’s use of scientific journal articles in the patent prosecution process was fair based on the transformative nature of the use and lack of market harm. 3d 396 (S.D.N.Y.

Plagiarism 122

Plagiarism Fair Use Copying Copyright Infringement 122

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 111

Copyright Law Copyright Law Art 111

IP and Legal Filings

FEBRUARY 9, 2023

It also directs to impose such limitations and exceptions over copyrighted work in a particular format which cannot be obtained commercially by any person in the market. Though the compulsory license under this section also needs to mention means, format, period, and no of copies issued including the royalty. 3d 87 (2d Cir.

Copyright 76

Copyright Contracts Copying Licensing 76

TorrentFreak

NOVEMBER 30, 2022

By recording the latest movies directly from the silver screen using concealed devices, ‘cammers’ fuel the illicit piracy market that thrives during the first few days of a film’s initial release. TGx is an open platform with an active and lively community, a relative rarity in today’s streaming-dominated market.

Cinema 125

Cinema Intellectual Property Copying Government 125

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 54

Licensing Contracts Patent Law Law 54

LexBlog IP

JUNE 7, 2023

Warhol created these silkscreens from a photograph of Prince taken by Lynn Goldsmith, who claimed copyright infringement when the Warhol estate licensed Orange Prince to Conde Nast after Prince’s passing in 2016 to illustrate an article about Prince’s life and music. ” See 143 S. ” Id. ” Id. ” Id.

Fair Use 52

Fair Use Licensing Music Art 52

Technology & Marketing Law Blog

NOVEMBER 21, 2022

In 2014, a (non-functional) Harrier jet sold at auction for $200k. Then again, if Leonard really wanted a Harrier jet, his $700k offer was above-market, and he could have fulfilled his dream at a lower cost. ” Netflix Documentary appeared first on Technology & Marketing Law Blog.

Contracts 108

Contracts Advertising Advertising Settlement 108

IP and Legal Filings

NOVEMBER 7, 2022

Businesses can use this intangible right to gain a competitive edge in the market. The goal of competition law is to ensure fair functioning of the market. [1] 1] At a glance both the laws may seem to be conflicting but Intellectual property ensures fair amount of competition in the market which is also the goal of competition law. [2]

Patent Law 52

Patent Law Law Patent Intellectual Property 52