Patently-O

OCTOBER 4, 2021

New Patently-O Law Journal article by Colleen V. In the accompanying PatentlyO Bar Journal article, The AIA at Ten – How Much Does the Pre-AIA Prior Art Regime Still Matter? Articles: Nicholas Shine, Covid-19 Pandemic’s Impact on the U.S. Sean Benevento, Alice at Five, 2019 PatentlyO L.J. 25 (2019) ( Tran.2019.AliceatFive.pdf

Journalism 105

Journalism Art Patent Law Invention 105

The IPKat

DECEMBER 13, 2021

A new referral to the CJEU from the Finish Market Court seeks clarification on the interpretation of Article 3(c) of the SPC Regulation with respect to combination products. Are combination products ruled out from SPC protection under Article 3(d)? Article 3 of the SPC Regulation is provided below (*) for reference.

Invention 73

Invention Marketing Marketing Patent 73

The IPKat

JULY 15, 2021

AG Saugmandsgaard Øe Is Article 17 of Directive 2019/790 (DSMD) compatible with the EU Charter of Fundamental Rights , notably its Article 11 and the principle of freedom of expression and information? He considered that the only option available to the CJEU is to either save or annul Article 17 in its entirety.

Copyright 104

Copyright Law Related Rights Technology 104

LexBlog IP

JUNE 14, 2022

This article supplements our previous post with updated 2021 data. As outlined in our previous article , graphical user interfaces (GUIs) are one of the most popular articles of manufacture identified in recent U.S. design patents continue to grow in popularity. design patents that issued in 2012. GUIs Remain King.

Design Patent 52

Design Patent Designs Design Patent 52

Kluwer Copyright Blog

NOVEMBER 17, 2021

Part 1 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 is available here , and parts 3 and 4 will be published on the blog over the coming days. . The BGH arrived at the same ruling as in Cordoba II in another judgment in 2019 called Testversion.

Law 52

Law Copyright Television Copyright Infringement 52

Patently-O

JANUARY 10, 2023

New Patently-O Law Journal article by David Boundy , a partner at Potomac Law Group, PLLC. Articles: Colleen Chien, Janelle Barbier, and Obie Reynolds, The AIA at Ten – How Much Does the Pre-AIA Prior Art Regime Still Matter? Sean Benevento, Alice at Five, 2019 PatentlyO L.J. 25 (2019) ( Tran.2019.AliceatFive.pdf

Journalism 55

Journalism Trademark Patent Patent Law 55

The IPKat

APRIL 13, 2022

Three years after its adoption, the discussion of and around the Directive on copyright and related rights in the Digital SingleMarket 2019/790 (‘DSM Directive’) is anything but exhausted.

Intellectual Property 52

Intellectual Property Intellectual Property Law Related Rights Registration 52

LexBlog IP

NOVEMBER 21, 2023

7/2019 have introduced some essential provisions. This article provides a detailed examination of the key amendments and their implications for the regulation of assisted reproduction in the UAE. Expanding the Scope of the Law The recent amendments have redefined Article 2 under Federal Law No. 7/2019 become applicable.

Law 52

Law Intellectual Property 52

The IPKat

DECEMBER 15, 2023

In early 2019, Ms Y noticed that several of her other photos were still available online and had been altered. On 8 July 2019, Ms Y unsuccessful addressed a cease-and-desist letter to L'Oréal. Consequently, by noting that some of these photos were still visible in 2019, in application of article L. 112-1 and L.

Copyright Infringement 124

Copyright Infringement Copyright Cease and Desist Intellectual Property 124

Plagiarism Today

MAY 9, 2022

In Google News, I ran across an article written by author Jumi Bello entitled, “I Plagiarized Parts of My Debut Novel. I put it on the back burner, but eventually sought out a cached copy of the article to read, even if I couldn’t write about it or link to it. There was no article in Gawker, no press, no fame. Here’s Why.”

Plagiarism 363

Plagiarism Publishing Copying Reporting 363

Kluwer Copyright Blog

NOVEMBER 22, 2021

Parts 1 and 2 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here and here , and part 4 will be published on the blog shortly. Related rights. In addition to rights of the author, German copyright law also recognises related rights.

Related Rights 52

Related Rights Law Copyright Copying 52

The IPKat

DECEMBER 23, 2022

We now know the outcome of the decision(s): the invalidity of the word mark "ICELAND" and the related figurative mark (below) was confirmed – concluding that both marks had been registered contrary to provisions of Article 7(1)(c) EUTMR. Therefore, the First Board decided to issue an interim decision referring the case to the Grand Board.

Designs 52

Designs Design Registration Government 52

The IPKat

OCTOBER 25, 2023

The Court of Justice of the European Union (CJEU) has received its first request for preliminary ruling concerning the interpretation of Directive (EU) 2019/790 (DSM Directive). 205/4 of the Belgium’s Code of Economic Law (as in force prior to the 2022 reform to implement Directive (EU) 2019/790).

Related Rights 130

Related Rights Art Journalism Government 130

Barry Sookman

APRIL 7, 2024

… The post Understanding the AIA Copyright Provisions in the EU Artificial Intelligence Act appeared first on Barry Sookman.

Copyright 67

Copyright Copyright Law Art Technology 67

The IPKat

SEPTEMBER 4, 2023

The decision considered what it means for "the product" in Article 3(a) to be protected by a marketing authorisation (see also IPKat: The SPC alphabet ). Article 3 states that an SPC shall be granted with respect to a product if the product is (a) protected by a patent, and (b) the subject of a granted marketing authorisation.

Art 117

Art Marketing Marketing Patent 117

Fish & Richardson Trademark & Copyright Thoughts

JUNE 15, 2022

This article provides a brief review of the Sotera decision and examines how prior art stipulations have been used by practitioners to date. On June 13, 2019, Patent Owner Masimo served a nine-patent infringement suit against Sotera in the Southern District of California. Sotera Wireless, Inc. Masimo Corporation. Sable Networks, Inc.

Art 88

Art Journalism IP Litigation 88

The IPKat

MAY 18, 2024

In March 2019, Mr T noticed that a still from his short film had been extracted and modified for use on all ECAR CAMPUS's media. In these circumstances, on 5 June 2019, Mr T brought a claim against ECAR CAMPUS for copyright infringement before the Tribunal judiciaire of Lyon (TJ). Indeed, relying explicitly on article L.

Moral Rights 62

Moral Rights Cinema Copyright Infringement Copyright 62

SpicyIP

AUGUST 10, 2023

5 September 2019 The petitioner instructed the Indian Patent Attorney to file the application. 6 September 2019 The 31 months’ time period from the priority date (i.e. 1 October 2019 The petitioner filed the National Phase Application before the Controller of Patents; but it was returned on 3 October 2019.

Patent 98

Patent Government Designs Design 98

Technology & Marketing Law Blog

DECEMBER 29, 2021

Reuters published allegedly defamatory stories about Crosswhite in August and September 2019. To reset the SOL, Crosswhite pointed to a Reuters employee’s August 2020 tweet linking to the August 2019 story. ” Applied to this case: the 2020 tweet about the 2019 articles served as a reference for Reuters’ existing audience.

Publishing 118

Publishing Blogging Reporting Marketing 118

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 4, 2021

Fish attorneys John Dragseth and Nitika Gupta Fiorella authored a Law360 Expert Analysis article discussing the post-grant appeals that drove a lot of the legal activity at the Federal Circuit this past year despite the pandemic and what the notable developments in 2020 may mean for 2021. Post-Grant Review Cases | Law360. In Arthrex Inc.

Art 40

Art Litigation Invention Technology 40

The IPKat

FEBRUARY 23, 2024

By decision of 17 January 2024 , the General Court (GC) ruled in a case concerning several national trade marks applications carried out with the aim of bypassing the six-month cooling-off period provided by Article 29(1) of Regulation No 207/2009. The applicant was considered in bad faith and the filing strategy deemed an abuse of right.

Registration 67

Registration Law Patent 67

The IPKat

MARCH 5, 2024

There, the CJEU ruled for the first time that a platform operator could be liable – on a primary (direct) basis – for acts of communication/making available to the public within the meaning of Article 3 InfoSoc Directive by facilitating the finding of unlawful content. This is by no means an automatic progression.

Copyright Infringement 76

Copyright Infringement Copyright Law Technology 76

The IPKat

JUNE 18, 2023

On June 19, 2022, Belgium adopted a copyright law that transposed Directive (EU) 2019/790 into the Belgian Code of Economic Law. online platforms] referred to in Article XI.228/10. Although included in the transposed Belgian law, the new remuneration right is not specifically mandated by Directive (EU) 2019/790.

Music 78

Music Copyright Art Copyright Law 78

The IPKat

MARCH 10, 2023

In accordance with Article 58a (3), an appeal is to be allowed to proceed, in accordance with the detailed rules set out in the Rules of Procedure of the CJEU, where it raises an issue that is “significant with respect to the unity, consistency or development of EU law”.

Designs 96

Designs Design Law Intellectual Property 96

Patently-O

SEPTEMBER 16, 2023

The Federal Circuit held that “comparison prior art” used for infringement analysis must be tied to the same article of manufacture as that claimed. 2019) (“Columbia I”) (holding that logo placement might allow the defendant to avoid an infringement judgment). 2019); Int’l Seaway Trading Corp.

Design Patent 82

Design Patent Art Designs Design 82

Plagiarism Today

OCTOBER 20, 2022

According to an article by Eugene Volokh at the The Volokh Conspiracy , the case deals with a flag burning at a protest in Pennsylvania. In a 2007 article published by Volokh, he highlighted another case where a lawyer was sanctioned for copying 17-pages of a 19-page brief from an article. Understanding the Plagiarism.

Plagiarism 234

Plagiarism Copying Publishing Law 234

Plagiarism Today

DECEMBER 12, 2022

Originally released in 1994, it has charted every year since its release, even hitting number one in 2019 , 25 years after its debut. Though we’ve already touched on some in this article, one that definitely needs to be discusses is the myth that Coca-Cola owns Santa Claus. 2019 was an interesting year for Star Wars fans.

Copyright 262

Copyright Public Domain Music Plagiarism 262

SpicyIP

JANUARY 23, 2024

Manmohan’s term expired on 21 September 2019, however, the Supreme Court in International Association for Protection of Intellectual Property v. In light of this, the defendant argued that the incumbent chairperson was incompetent to hold the office due to the expiration of his tenure on September 21, 2019. Coomi Sarab Warden.

Intellectual Property 129

Intellectual Property Patent Blogging Marketing 129

The IPKat

NOVEMBER 16, 2022

The IPKat is pleased to host this guest contribution by Katfriend Ludovico Bossi (Tavella Studio di Avvocati) on yesterday’s decision of the French Council of State, which found the French transposition of Article 18 of the DSM Directive [IPKat posts here ] … inappropriate.

Contracts 123

Contracts Licensing Government Law 123

Kluwer Copyright Blog

SEPTEMBER 24, 2023

The Greek legislator, while implementing the CRM Directive , included in the Copyright Law an interesting (and unexpected) provision (Article 22 (2) Law 2121/1993) according to which certain public libraries (mostly academic and school libraries) were exempted of the exclusive public lending right.

Copyright Law 117

Copyright Law Law Music Publishing 117

Fish & Richardson Trademark & Copyright Thoughts

MARCH 14, 2022

Read the full article on Law360. When those early motions are removed, it becomes clear that the District of Delaware routinely grants motions to stay pending IPR after institution—the percentage of stays granted rises to 88%, 91%, and 90% for 2019, 2020, and 2021, respectively. PDF copy available. See, e.g., ON Semiconductor Corp.

Litigation 52

Litigation Patent Art Licensing 52

IPilogue

AUGUST 30, 2022

This article was originally posted on E-TIPS For Deeth Williams Wall LLP on August 24, 2022. The OPC commissions a survey every two years with the last survey conducted in 2019. Data Breaches : The Survey found that 28% of businesses are concerned with potential data breaches, which is a drop in response from 37% in 2019.

Privacy 104

Privacy Business Reporting Publishing 104

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

This article explores the growth of AI technologies and the reasons for the limited footprint of AI disputes before the PTAB, which provides early lessons that can be used to extrapolate future trends. Read the full article on Bloomberg Law. A Bloomberg Law article noted that U.S. 2019-00555 (P.T.A.B. PDF copy available.

Law 40

Law Patent Technology Art 40

The IPKat

JULY 4, 2022

In 2019, the EU legislature introduced an EU-wide related right (Article 15 of the DSM Directive , on which see Katposts here ) for EU-based press publishers in relation to online uses of their press publications by information society service providers, including news aggregation services, social media, and search engines.

Publishing 124

Publishing Copyright Related Rights Social Media 124

Kluwer Copyright Blog

JANUARY 24, 2024

By stating that it is ‘exercising its opt-out right’, Sacem seems to consider that the right to oppose under Article L122-5-3 of the French IPC (Article 4(3) CDSM) has already been assigned to it by its members, simply because they accepted its by-laws and regulations.

Music 75

Music Publishing Intellectual Property Blogging 75

TorrentFreak

JUNE 16, 2022

In September 2019, the IPTV market was thrown into turmoil following a huge law enforcement operation in Europe. The company says that following an earlier appeal, on August 3, 2021, the Court of Appeals of Naples found there was no evidence to show that Xtream Codes Ltd acted illegally at any time between 2015 and its closure in 2019.

Law 130

Law Branding Brands Branding 130

BYU Copyright Blog

JANUARY 18, 2022

Between 1981 and 2019, the District apparently sought and received Otto's permission for each new use of the Logo. However, according to Otto, during the 2019-20 school year, the District began allowing third parties to use the logo, without Otto's permission, on merchandise and athletic apparel.

Copyright Infringement 95

Copyright Infringement Copyright Contracts Government 95