Kashishipr

JULY 20, 2022

Although this may sound quite encouraging and motivating for those with original ideas, many famous brands out there are accused and widely recognized for being copycats in the market and, unfortunately, making a lot of money. The stories feature on Instagram is the same as that of its rival and competitor in the market, Snapchat.

Branding 52

Branding Brands Branding Marketing 52

The IPKat

DECEMBER 13, 2023

As expected, now that most – though not all – EU Member States have completed their own transpositions of the DSM Directive 2019/790 [IPKat here ] , the time for litigation has come and, with that, referrals for a preliminary ruling to the Court of Justice of the European Union (CJEU).

Related Rights 80

Related Rights Publishing Licensing Contracts 80

IP and Legal Filings

OCTOBER 28, 2022

As of this writing, there is no explicit regulation governing the NFT market or the way NFTs should be produced, acquired, gathered, coined, etc. While NFT platforms are not yet specifically regulated, they are subject to the provisions on Electronic System Providers (“ESPs”) contained in several regulations, as follows: • Law No.

Non-Fungible Tokens 86

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 86

Canadian Intellectual Property Blog

SEPTEMBER 16, 2020

This article is part of a series on commonly held misconceptions about patents. The aim of this series of short articles is to debunk these common myths around patent protection. In the US, if an invention was publicly disclosed on January 1, 2019, then a US national filing must occur by January 1, 2020 (1 year after).

Patent 52

Patent Invention Patent Application Intellectual Property 52

Garrigues Blog

JUNE 7, 2021

EU legislation has chosen intellectual property law as the main way of protecting computer programs – an essential asset to increase the competitive edge of both European companies and their products worldwide. One of the principles that forms the backbone of intellectual property is the dichotomy of idea v.

Intellectual Property 52

Intellectual Property Plagiarism Intellectual Property Law Copyright 52

The IPKat

AUGUST 6, 2023

The book, titled Developments and Directions in Intellectual Property Law. And, speaking of the book, we are happy to re-publish the review that Bill Patry (Mayer Brown) provided of it, as just published by the Journal of Intellectual Property Law & Practice.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law Copyright Law 52

IP and Legal Filings

AUGUST 11, 2023

23] observed that a trader acquires a right of property in a distinctive mark merely by using it upon or in connection with his goods…the trader who adopts such a mark is entitled to protection directly as soon as the article having assumed a vendible character is launched in the market… common law rights are left wholly unaffected. [24]

Trademark 80

Trademark Registration Intellectual Property Intellectual Property Law 80

JIPL Online

APRIL 9, 2021

x] In fact, on the contrary, memes can operate as a source of marketing and a way to garner interest in creative works in a funny, generationally relevant way. xi] There are countless articles and marketing studies directing corporations on how to market via memes to reach the maximum level of engagement. 139 (2016). [ix]

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

IP and Legal Filings

JANUARY 11, 2024

Recognizing smell as a trademark represents an intriguing frontier in intellectual property law, reflecting evolving commerce and branding in a sensory-driven world. Iconic scents like Chanel No. This section does not specifically state that non-conventional marks like smell, flavour, sounds, etc. are excluded. Atlantis Press.

Trademark 90

Trademark Intellectual Property Branding Brands 90

IP and Legal Filings

APRIL 8, 2023

Introduction The media believes that it is their fundamental right to capture and publish all information about celebrities about matters of “public interest” or “public concern” that arise from the “Freedom of the Press” guaranteed by Article 19 of the Constitution.

Privacy 76

Privacy Law Intellectual Property Music 76

Patently-O

MARCH 26, 2024

A recent article by Laura G. ” This passage highlights the Court’s recognition of an economic view of patent law, suggesting that patents are not required for inventions that would naturally arise in response to market demand, without the need for additional incentives. 63, 67 (2020). .'” 537, 581 (2020).

Invention 59

Invention Art Patent Designs 59

azrights

MARCH 10, 2022

He’s partnered with Marketing Week so he enjoys the benefits of big business success without the need to grow a sizeable business. I have skills that were and still are in demand, so I was able to muddle through the first few years in business learning the ropes, picking up marketing and online business skills as I went.

Business 52

Business Branding Brands Branding 52

Kluwer Copyright Blog

APRIL 20, 2022

As promised in an earlier contribution , I will provide a more reasoned exploration of the Swedish proposal to Article 17 DSM Directive in view of the fact that the Ministry of Justice did not opt for the copy-paste implementation technique. 1. Hors d’oeuvre: deconstructed Article 17 served on traditional copyright law principles.

Copyright 65

Copyright Government Law Intellectual Property Law 65

Kluwer Copyright Blog

APRIL 20, 2022

In this second post on the Swedish proposal for implementation of Article 17, I look at provisions explicitly concerning users of services. Article 17(7)), and any other non-infringing use. With all the delays in the legislative process, the question then is whether Sweden has failed to implement Article 17 on time. 298-299).

Copyright 55

Copyright Intellectual Property Law Public Domain Copyright Law 55

Kluwer Copyright Blog

NOVEMBER 24, 2021

Parts 1 to 3 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here , here and here. Copyright contract law (Sections 31 et seqq. Right of remuneration (Sections 32 et seqq.

Contracts 98

Contracts Copyright Law Cease and Desist 98

Technology & Marketing Law Blog

DECEMBER 13, 2023

2019 WL 3555509 (D. Guy Rub, in his excellent article “ Copyright Survives: Rethinking the Copyright-Contract Conflict , ” suggested that the Ninth Circuit had adopted the ProCD v. But that’s a different article.) This observation is as true now as the day when the Ninth Circuit made it, in 2019. 634 F.Supp.2d

Blogging 84

Blogging Copyright Contracts Cease and Desist 84

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 5, 2021

patent; and 3) that an industry with respect to articles protected by the patent exists or is in the process of being established. [3] 5] This represents a missed opportunity—and potentially a market inefficiency—for companies looking to enforce trade secrets that have been misappropriated abroad. More questions? 11, 2017). [8]

Litigation 52

Litigation Cease and Desist Patent Infringement Intellectual Property 52

Kluwer Copyright Blog

JANUARY 24, 2022

By the date of the implementation deadline a mere three Member States had fully implemented the directive, and by the end of 2021 a total of 11 Member States had fully implemented the provisions of the DSM directive into national law and one more (Denmark) had implemented Articles 17 and 15. The Member States: United in diversity.

Editing 98

Editing Law Publishing Intellectual Property Law 98

IIPRD

JULY 4, 2021

Now, we may use an emoji in a casual sense and it may not look as complex it is, but the truth is, that it is capable of opening a realm of questions in terms of intellectual property. But the question is who could have, in the wildest of their imagination, thought of a co-relation between Intellectual Property and Emoji?

Intellectual Property 40

Intellectual Property Copyright Law Trademark Trademark Law 40

Kluwer Copyright Blog

NOVEMBER 29, 2021

Article 17 has been a (the) leading buzzword of the copyright reforms of the European Union in recent years (at least half a decade already). As of June 6, 2021, however, only a handful of Member States have implemented Directive 2019/790/EU (Copyright in the Digital Single Market; hereinafter CDSMD). Hungary (Péter Mezei).

Cease and Desist 112

Cease and Desist Copyright Government Publishing 112

Kluwer Copyright Blog

JUNE 20, 2023

The First Sale Doctrine in the Metaverse The first sale doctrine, also referred to as the ‘ principle of exhaustion’ , is a longstanding tenet of copyright (and more in general intellectual property) law. The fundamental nature of NFTs might disrupt the arguments put forward in the Tom Kabinet case.

Artwork 98

Artwork Contracts Ownership IP 98

The IPKat

FEBRUARY 6, 2022

Art, Copyright, and Public Interest, by Martha Buskirk Copinger and Skone James on Copyright, by Nicholas Caddick, QC; Gwilym Harbottle; and Uma Suthersanen The Present and Future of Music Law, (eds) Ann Harrison and Tony Rigg Performing Copyright: Law, Theatre and Authorship, by Luke McDonagh Implied Licences in Copyright Law, by Poorna Mysoor Exceptions (..)

Intellectual Property 145

Intellectual Property Editing Copyright Law Intellectual Property Law 145

The IPKat

OCTOBER 20, 2021

UIC Law's Center for Intellectual Property, Information & Technology Law will host its 65th Annual Intellectual Property Law Conference (online) on 4-5 November 2021. It will be held online on 3 November 2021, with booking via Eventbrite.

Intellectual Property 109

Intellectual Property Intellectual Property Law Registration Privacy 109

The IPKat

MAY 22, 2022

The Institute for Intellectual Property and Market Law (IFIM) at Stockholm University is proud and delighted to announce its new, in-person event to be held in English at Stockholm University on Thursday, June 2, 2022, on the topic: 'The DSM Directive 3 years on: The Polish challenge to Article 17 and the national transposition maze'.

Intellectual Property 83

Intellectual Property Intellectual Property Law IP Registration 83

SpicyIP

MARCH 15, 2022

Mili is a graduate of Institute of Law, Nirma University, currently completing her LLM at LSE. Her areas of interest are Information Technology law, Intellectual Property law, Media & Communication Law, and human rights law. . Image from here. Introduction.

Publishing 105

Publishing Marketing Marketing Advertising 105

The IPKat

NOVEMBER 2, 2022

v Lynn Goldsmith et al (article forthcoming) 30 November 2022 – Deep Fake More details of the events can be found here. The competition is sponsored by the International Federation of Intellectual Property Attorneys. More details of the event on be found in the brochure here. More details of the event can be found here.

Intellectual Property 67

Intellectual Property Intellectual Property Law IP Copyright 67

The IPKat

AUGUST 31, 2021

2021 is a momentous year for EU copyright law: it is the 30th anniversary since the adoption of the first ever copyright directive (the Software Directive 1991/250) and the 20th since the passing of the seminal InfoSoc Directive 2001/29. To celebrate the publication of Copyright in the Digital Single Market.

Copyright 97

Copyright Intellectual Property Intellectual Property Law Marketing 97

Kluwer Copyright Blog

MARCH 29, 2022

By now, Article 15 of Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (CDSM Directive) needs no wordy introductions. Moreover, Article 15 subjects the right to the exceptions in Article 5 of the InfoSoc Directive (Article 15(3)). Image by Pexels via Pixabay.

Publishing 52

Publishing Related Rights Intellectual Property Law Public Domain 52

The IPKat

NOVEMBER 20, 2022

Eleonora Rosati, on the EU Directive on Copyright in the Digital Single Market, which, through a framework provision (Art. The seminar will be moderated by Dr Eleonora Rosati, Professor of Intellectual Property Law at Stockholm University. Full programme and registration for the event are available here.

Intellectual Property 76

Intellectual Property Intellectual Property Law Registration Licensing 76

Kluwer Copyright Blog

NOVEMBER 11, 2021

The obvious mandate of this article is that, when OCSSPs meet those conditions, they are not liable for the unauthorised acts of communication to the public. More from our authors: Law of Raw Data. Intellectual Property Law in China, 2nd edition. by Jan Bernd Nordemann, Christian Czychowski. €

Art 114

Art Law Intellectual Property Intellectual Property Law 114

Kluwer Copyright Blog

JANUARY 10, 2022

17 DSM Directive is acutely in question, very few Member States have implemented the DSM Directive and the legislative process on the Digital Services Act (DSA), attempting to modernize EU law on platform regulation, is in full swing. European Commission back-tracks on user rights in Article 17 Guidance by Julia Reda and Paul Keller.

Non-Fungible Tokens 91

Non-Fungible Tokens Blogging Copyright Marketing 91

Kluwer Copyright Blog

MARCH 28, 2022

On 8 February 2022, the Italian Supreme Court (the Corte di Cassazione ) issued an order that intervened on the interpretation of the quotation exception under Article 70 of the Italian Copyright Act (l.aut.). [1] Relationship with the CJEU case law: a step back in time? Image by 420494 via Pixabay. 7 March 1997, n.2089).

Copyright 52

Copyright Art Moral Rights Law 52

Canadian Intellectual Property Blog

FEBRUARY 3, 2021

In June of 2019, the Canadian Trademarks Act was amended and now includes a slew of non-traditional trademarks, such as three-dimensional shapes, colours in abstract, moving images, modes of packaging goods, smells, tastes, sounds, positions, textures, and holograms. 1] Kirkbi AG v.

Trademark 52

Trademark Branding Brands Branding 52

Technology & Marketing Law Blog

AUGUST 15, 2022

I previously blogged a related Alabama Supreme Court ruling involving Facebook in 2019. The plaintiff alleges that “HuffPost, acting through its agent Riben, assisted in ‘creating, developing, and writing’ the articles.” Section 230 Applies to Articles by Huffington Post Contributors–Page v. ” No.

Publishing 107

Publishing Privacy Blogging Intellectual Property Law 107

Kluwer Copyright Blog

FEBRUARY 28, 2022

At the time that Directive 2019/790/EU ( DSM Directive ) was being developed, much media attention was focussed, over a period of many months, on the liability of online content sharing service providers for content uploaded by their users. The purpose of this article is to shed some light on how this mechanism works. Initially in Art.

Art 55

Art Copyright Law Copyright Law 55

Kluwer Copyright Blog

NOVEMBER 4, 2021

On 21 st October 2021, Facebook announced that it has reached an agreement with APIG , an association of French press publishers, committing itself to the payment of licensing fees pursuant to the press publishers’ right introduced by the 2019 Copyright Directive. More from our authors: Law of Raw Data. by Christopher Heath. €

Social Media 142

Social Media Publishing Art Copying 142

Kluwer Copyright Blog

JANUARY 20, 2022

It is interesting to look at this Report against the background of the 2019 EU rules for the liability of platforms like YouTube through the famous Art. 17 DSM Directive 2019/790 (“DSMD”). More from our authors: Law of Raw Data. Intellectual Property Law in China, 2nd edition. In any case, 0.5%

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Reporting Copyright Art Copyright Infringement 98