The IPKat

DECEMBER 17, 2021

It had to be decided how the marks would be perceived by the average consumer, in the relevant market, who is reasonably well-informed and observant, taking account of the type of goods and how they are marketed. The degree of similarity of the goods should be considered in relation to the degree of similarity of the marks.

Trademark 96

Trademark IP Registering Trademarks Branding 96

Kluwer Copyright Blog

FEBRUARY 2, 2023

In 2021, OpenAI’s Dall·E was able to create images in response to text prompts, including those combining unrelated concepts (such as “a snail made of harp”), but the results were merely competent in artistic terms. Generative AI Computer-generated art reached a tipping point in 2022.

Copyright 145

Copyright Art Fair Use Registration 145

Kluwer Copyright Blog

MARCH 14, 2022

Running from 29 October 2021 to 7 January 2022, the “ Artificial Intelligence and IP: copyright and patents ” consultation formed the latest round in an ongoing national conversation between the UK Intellectual Property Office (UKIPO) and interested stakeholders (see here ). A third alternative: the related rights approach.

IP 60

IP Public Domain Copyright Intellectual Property 60

Kluwer Copyright Blog

JUNE 19, 2023

However, de facto they merely owned proof of ownership without any proprietary value, as all copyright and any related rights were retained and not granted upon purchase. The UK’s Advertising Standards Authority had emphasised this in its April 2021 guidance on advertising cryptocurrencies.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

Kluwer Copyright Blog

DECEMBER 26, 2021

Welcome to the fourth and final trimester of 2021 round up of EU copyright law! We started this rubric in the beginning of 2021. The end of 2021 has been particularly busy. More than six months have now passed since the deadline to implement the CDSM Directive – 7 June 2021. Photo by Markus Spiske on Unsplash.

Copyright Law 116

Copyright Law Copyright Law Reporting 116

Kluwer Copyright Blog

DECEMBER 1, 2021

On 29 October 2021, the UK Intellectual Property Office launched a public consultation looking at how the copyright and patent regimes should deal with artificial intelligence. That call concerned patents, copyright and related rights, designs, trade marks and trade secrets. Photo by Rock’n Roll Monkey on Unsplash.

IP 70

IP Inventor Invention Intellectual Property 70

The IPKat

MAY 8, 2022

Background In early 2021, Global Trademark Services Ltd (“GTS”) filed applications for the following marks in relation to ‘clothing, footwear, headgear’ in class 25: (UK Application No. The latter restricts the Registrar’s power to act pre-grant for the protection of section 5 rights. • 3587268 and No.

Licensing 92

Licensing Related Rights Registration Publishing 92

Kluwer Copyright Blog

OCTOBER 7, 2021

Welcome to the third trimester of 2021 round up of EU copyright law! This eagerly awaited AG Opinion was published on 15 July 2021. 11 of the Charter of Fundamental Rights of the European Union. 7 June 2021 marked the deadline to implement the CDSM Directive. Photo by Markus Spiske on Unsplash.

Copyright Law 60

Copyright Law Copyright Law Television 60

Kluwer Copyright Blog

JANUARY 18, 2023

Part I of this post discussed the changes to copyright contract law and the new text and data mining exemption provisions that formed part of the 2021 copyright law reform. Part 2 explores further exemptions for users of works, new aspects of the right of communication to the public and the press publishers’ right. b) Teaching.

Copyright 52

Copyright Related Rights Copyright Law Publishing 52

Kluwer Copyright Blog

AUGUST 18, 2021

Public sector bodies are in principle barred from exercising their sui generis rights in information that is subject to the Open data and public sector information directive. The implementation deadline for the revamped directive has just passed (17 July 2021). But the Data governance act would do more.

Government 56

Government Database Right Intellectual Property Copyright 56

Kluwer Copyright Blog

APRIL 5, 2022

We started this rubric back in 2021. End of 2021. We report here on one case, issued late in December 2021, which may be of interest to our copyright readers, despite its focus on private international law. The Report examines the question: How can and should EU copyright and related rights law protect AI musical outputs?

Copyright Law 60

Copyright Law Copyright Law Music 60

LexBlog IP

JANUARY 16, 2024

In light of criticism following the announcement of the political deal – and renewed warnings that the AI Act risks will hamper innovation in the European market – there may still be room for debate over the final terms of the AI Act before ratification. [13]

IP 52

IP Copyright Art Related Rights 52

Barry Sookman

DECEMBER 19, 2021

Computer and Internet Weekly Updates for 2021-12-11 [link] 2021-12-12. Canadian courts confirm significant limits on privacy class actions [link] 2021-12-13. Judge Cote Grants Google a TRO Against Operators of Malicious "Botnet" [link] 2021-12-13. link] 2021-12-13. 567/2021 [link] 2021-12-13.

Privacy 57

Privacy Related Rights Copyright Marketing 57

Kluwer Copyright Blog

JUNE 28, 2021

The need of further legal means for combating the piracy of live sport events has recently lead the European Parliament to issue a Resolution of 19 May 2021 with recommendations to the Commission on challenges of sports events organizers in the digital environment. The new Resolution of the European Parliament on sport events: the background.

Television 52

Television Copyright Blogging Law 52

Kluwer Copyright Blog

OCTOBER 3, 2022

The implementation of the CDSM Directive is still far from over, despite the fact that the implementation deadline passed more than a year ago, on 7 June 2021. The copyright in these two titles expired at the beginning of 2021. Stay tuned! by Alexander Puutio. € Internet Law: A Concise Guide to Regulation Around the World.

Copyright Law 114

Copyright Law Copyright Law Music 114

Kluwer Copyright Blog

NOVEMBER 28, 2022

Remuneration of authors under French copyright law before the 2021 Order. The administrative court more generally found that the 2021 Order did not correctly implement the CDSM as it ‘ does not provide that the authors […] have the right to receive appropriate remuneration ’ (§15). The Conseil d’Etat’s judgment.

Contracts 96

Contracts Intellectual Property Cinema Copying 96

SpicyIP

MARCH 15, 2022

Press publishers are dependent on platforms like Google and Facebook for referential traffic on their website making it difficult for them to negotiate with giant platforms especially the ones with the dominant market position. The EU took the Intellectual Property route by introducing a related right under its copy right law.

Publishing 105

Publishing Marketing Marketing Advertising 105

The IPKat

MAY 31, 2022

In two judgments (Basmati, T-342/20 - which we reported on some time ago - and APE TEES, T-281/21), the General Court found that they are relevant (the cases were decided in October 2021 and March 2022, respectively). The Kluwer Trademark Blog provides a summary of the background and outcome of the above decisions.

Blogging 76

Blogging Non-Fungible Tokens IP Reporting 76

Kluwer Copyright Blog

MARCH 15, 2023

Photo by Sara Kurfeß on Unsplash The European Commission has referred six Member States (Bulgaria, Denmark, Finland, Latvia, Poland and Portugal) to the Court of Justice of the European Union (CJEU) for failure to notify complete transposition measures on copyright in the Digital Single Market ( Directive (EU) 2019/790 ) (CDSM Directive).

Copyright 67

Copyright Law Editing Related Rights 67

Kluwer Copyright Blog

MAY 11, 2023

Missed deadline and transposition In the same way as many EU member states, Ireland missed the transposition deadline (7 June 2021). The Irish legislative transposition finally became law on 19 November 2021. The key element to note here is that the Regulations are a type of secondary legislation, known as a Statutory Instrument.

Copying 103

Copying Copyright Law Copyright Social Media 103

43(B)log

FEBRUARY 4, 2022

17 Directive 2019/790 on copyright and related rights in the Digital Single Market (CDSMD) with a new Act on the Copyright Liability of Online Content Sharing Service Providers (OCSSP Act), which entered into force on 1 August 2021. This very interesting paper suggests some risks in that direction.

Art 45

Art Related Rights Copyright Marketing 45

Kluwer Copyright Blog

MAY 26, 2022

The Directive entered into force in June 2019 and had to be transposed by Member States by 7 June 2021. The CDSM Directive was published in May 2019 (see here and here for an overview), following a controversial legislative process at EU level.

Law 60

Law Intellectual Property Related Rights Art 60

Kluwer Copyright Blog

JANUARY 9, 2023

YouTube’s first Copyright Transparency Report 2021 – A step towards “factfulness” by Jan Bernd Nordemann. At the end of 2021, YouTube’s first Copyright Transparency Report 2021 (“Report”) was published. 17 DSM Directive 2019/790 (“DSMD”). . [The] DJs are Phonogram Producers, says Dutch Supreme Court by P. Bernt Hugenholtz.

Copyright 95

Copyright Blogging Fair Use Reporting 95

Kluwer Copyright Blog

MAY 31, 2022

2021, 4 Ob 132/21x ). For monetizing uploaded videos, the uploading user has to confirm that they have read the copyright provisions and have the copyright or usage rights to the videos. More from our authors: Practical Guide to Successful Intellectual Property Valuation and Transactions. by Alexander Puutio. €

Copyright Infringement 52

Copyright Infringement Cease and Desist Copyright Intellectual Property 52

LexBlog IP

JUNE 28, 2023

The term includes, according to the decision, all forms of marketing of the copy of the computer program that include a right of time-limited use for a price. Such usage aims to provide to the rights holder the possibility of receiving remuneration corresponding to the economic value of the copy in question. (4) 766/2021; No.

Copying 52

Copying Copyright Law Copyright Editing 52

The IPKat

AUGUST 24, 2021

This said, based on what is already available, it is apparent that the provisions that the EU legislature adopted in 2019 to establish a ‘Digital Single Market’ will be implemented in different – if not altogether creative – ways across the EU. I will consider the Italian case to illustrate all this, in particular the latter aspect.

Publishing 133

Publishing Copyright Related Rights Law 133

Kluwer Copyright Blog

APRIL 21, 2023

2021-580 of 12 May 2021 (‘transposition Order’) of the French Government implements articles 2(6) and 17 to 23 of the EU Directive 2019/790 on copyright and related rights in the Digital Single Market (‘CDSM’). Image by Pexels from Pixabay Order no.

Contracts 56

Contracts Intellectual Property Music Cinema 56

IPilogue

JULY 8, 2021

On 19 April 2019, the European Parliament and Council adopted the Directive on copyright and related rights in the Digital Single Market. June 7, 2021 was the deadline for the member states to enact their national laws in accordance with the Directive. Tugce Kucukali is an IPilogue Writer and incoming LL.M.

Copyright 106

Copyright Copyright Law Due Diligence Law 106

Kluwer Copyright Blog

JUNE 21, 2021

Article 17 Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (“DSM Directive”) is currently being implemented into national law in the EU Member States. There is some controversy as to how the right of communication to the public as mentioned in Art. Image of conolan on Pixabay.

Art 85

Art Law Related Rights Marketing 85

The IPKat

SEPTEMBER 19, 2022

It is worth noting that, as of today and despite the deadline of 7 June 2021, 8 Member States (Bulgaria, Greece, Cyprus, Latvia, Portugal, Slovenia, Finland, and Sweden) have yet to adopt measures to transpose the DSM Directive into their own laws. One such example relates to the blocking of content pending the resolution of a complaint.

Art 135

Art Copyright Law Related Rights 135

The IPKat

OCTOBER 4, 2022

© Entrupy, " How to use Entrupy Luxury Authentication ", 2021, Vimeo Use Case 3: Solutions to recognise 3D printing files and 3D-printed products The third use case provides an overview of ACR-based solutions for marking, tracking and identifying the computer-aided design (CAD) and the finished 3D printed products.

Technology 117

Technology Publishing Social Media Intellectual Property 117

Kluwer Copyright Blog

MAY 30, 2022

Much has been said about the press publishers’ right, introduced by Article 15 of the Directive on Copyright in the Digital Single Market (CDSM). 177/2021 , issued on the basis of a parliamentary delegation, which amended the Italian Legge sul diritto d’autore (l.aut.). Image via needpix. Article 43bis l.aut.

Publishing 56

Publishing Law Contracts Licensing 56

Kluwer Copyright Blog

MAY 30, 2022

Much has been said about the press publishers’ right, introduced by Article 15 of the Directive on Copyright in the Digital Single Market (CDSM). 177/2021 , issued on the basis of a parliamentary delegation, which amended the Italian Legge sul diritto d’autore (l.aut.). Image via needpix. Article 43bis l.aut.

Publishing 52

Publishing Law Contracts Licensing 52

Kluwer Copyright Blog

OCTOBER 26, 2022

17 CDSM Directive 2019/790 on copyright and related rights in the Digital Single Market (CDSMD) : According to the Grand Chamber of the CJEU, the provision imposes a de facto obligation on service providers to use automatic content recognition tools in order to prevent copyright infringements by users of the platform.

Art 52

Art Copyright Intellectual Property Publishing 52

Kluwer Copyright Blog

DECEMBER 12, 2022

Under the new rules of the 2019 Directive on Copyright in the Digital Single Market, which have been recently implemented in most EU Member States, authors that license or assign their rights “for the exploitation of their works” are entitled to receive appropriate and proportionate remuneration, [8] a except where they have granted OA licences.

Copyright 126

Copyright Publishing Journalism Art 126

Kluwer Copyright Blog

JULY 20, 2021

In its long-awaited Opinion on an action brought by Poland to annul certain parts of Article 17 of the Directive on copyright and related rights in the Digital Single Market (CDSM Directive), Advocate General (AG) Saugmandsgaard Øe demarcates the borders of permitted filtering of users’ uploads.

Copyright 103

Copyright Settlement Government Copyright Infringement 103

Kluwer Copyright Blog

NOVEMBER 24, 2021

This is only not the case if the internet platform provides third parties the possibility of issuing offers and the operator of the internet market place does not present itself as the seller (and is thus the hosting provider). d) Liability of managing directors ( Geschäftsführer ). More from our authors: Law of Raw Data.

Contracts 98

Contracts Copyright Law Cease and Desist 98