Kluwer Copyright Blog

APRIL 12, 2023

This post is based in part on the Position Statement of the Max Planck Institute for Innovation and Competition of 23 January 2023 on the ‘Design Package’, but expresses the authors’ own personal views. Third, the (now even more pronounced) detachment of design and product and what this means for a theoretical approach to cumulation.

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Technology & Marketing Law Blog

JANUARY 3, 2023

” However, Wallshoppe does not allege Defendant knew of the specific acts of infringement at issue here—Sienna Lewis selling products featuring the Palm Design on Defendant’s website. .'” 2022 WL 16555584 (S.D.N.Y. The focus of the article is Ms. Grande Communications Networks LLC (November 3, 2022).

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Kluwer Copyright Blog

DECEMBER 1, 2022

In 2019, the EU’s Copyright in the Digital Single Market Directive (CDSMD) was adopted. This included the highly controversial Articles 15 and 17 on, respectively, the new press publishers’ right (PPR) and the new copyright liability scheme for OCSSPs (“online content-sharing services providers”).

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The IPKat

SEPTEMBER 20, 2023

by Devanshi Saxena As a researcher on GIs and sustainable development, I have been enthusiastically following the developments on the two new proposals for EU regulations on GIs ( Regulation 2022/0115 and Regulation 2022/0089 ). Article 40(3) therein explains the powers and responsibilities of producer groups. here and here ).

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The IPKat

MAY 8, 2022

Here's what Hanne writes: Second time is a charm: Danish design company wins plant box war by Hanne Kirk On 22 April 2022, the Danish Eastern High Court handed down its decision in yet another dispute concerning applied art and the question of originality and infringement under copyright law. Wolly & Co.

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Technology & Marketing Law Blog

FEBRUARY 15, 2024

.] * * * The European Union’s Digital Services Act (“DSA”), a significant legislative act of 93 articles and 156 recitals, will become fully effective from this Saturday, February 17, 2024. The DSA promises to change the internet inside the EU, and likely create spillover effects outside the EU.

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Kluwer Copyright Blog

SEPTEMBER 14, 2022

This blog post is a scene-setter for the GFF/COMMUNIA conference “ Filtered Futures – Fundamental Rights Constraints of Upload Filters after the CJEU Ruling on Article 17 of the Copyright Directive ” taking place in Berlin on September 19, 2022. A live stream of the conference will be available here. filter and block) user uploads.

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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.

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Kluwer Copyright Blog

JANUARY 9, 2023

Article 17 survives, but freedom of expression safeguards are key: C-401/19 – Poland v Parliament and Council by João Pedro Quintais. [T]he This post provides a refresher on the contents of Article 17, followed by a brief highlight of the main takeaways to kick-off the discussion. Since then, courts in the U.S.

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LexBlog IP

MARCH 8, 2022

TUESDAY, MARCH 8, 2022. In this article, we highlight several interesting US patents recently issued by the USPTO. Ferrari was issued a new design patent D945,320 titled, “Car, Toy Car Replica And/Or Other Replica.” About Design Patents. important;}.thegem-template-wrapper.wpb_wrapper.thegem-custom-6227f19f37b0b9390{flex-wrap:

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43(B)log

JULY 3, 2023

But Industria does not advertise or sell its Zenú or Ranchera products in the United States and there are no market surveys specific to the United States for Zenú or Ranchera. Latinfood won summary judgment on the claim under Article 7, whose sole remedy is to grant priority. T]he one showed in the application is not mine.”

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The IPKat

MAY 11, 2022

On 26 April 2022, the Court of Justice of the European Union (CJEU) delivered its long-awaited judgment in Poland v European Parliament and Council (C-401/19). The Court held Article 17 of the DSM Directive compatible with freedom of expression and information under Article 11 of the EU Charter of Fundamental Rights.

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Kluwer Copyright Blog

JULY 7, 2022

Welcome to the second trimester of the 2022 round up of EU copyright law! Polish challenge of Article 17 CDSM, C-401/19. On 26 April 2022, the CJEU finally derlivered its judgment, the main focus of which was the Polish challenge of Article 17 of the CDSM Directive. Photo by Markus Spiske on Unsplash.

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IPilogue

JANUARY 30, 2023

Famous for its easily-recognizable design of breathable and water-friendly clogs, Crocs was founded in 2002 in the US by three college friends who enjoyed sailing. While most of Crocs’ lawsuits are in the US, the battles have also crossed the border into Canada, such as Crocs’ October 21, 2022 victory in Crocs Canada, Inc.

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The IPKat

DECEMBER 23, 2022

Remember the infamous case(s) "ICELAND" for which the EUIPO opened its doors with the first oral hearing before the Grand Board of the EUIPO – back in September 2022? The cancellation action was upheld by the Cancellation Division of the EUIPO by decision only on the basis of Article 7(1)(c) EUTMR.

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The IPKat

FEBRUARY 6, 2022

We look forward to reading and reviewing more IP books in 2022! Please note: Some nominations do not appear in the list above because they were not about IP Law, or were not published in 2021. Votes for books that were nominated in the wrong category (e.g.,

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The IPKat

SEPTEMBER 15, 2022

In the spring and summer of 2022, following the international sanctions imposed upon Russia after its invasion of Ukraine, Russia introduced several landmark changes to its IP law, most notably to patent, trademark and copyright laws. These rules were introduced in the 2021 amendment to Article 1360 of the Civil Code.

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Kluwer Copyright Blog

JUNE 6, 2022

In this contribution, we look at the future of content moderation after the recent decision of the Grand Chamber of the CJEU of 26 April 2022 on the validity of Article 17 CDSM with regard to freedom of expression.

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LexBlog IP

MAY 3, 2022

Like the United States, China offers protection for 2D and 3D designs of products and packaging, which is often known by U.S. Before diving into details, the chart below illustrates how 2D and 3D designs are protected as different IP rights in China. Protection of 2D Designs. Protection of 3D Designs. Trademark.

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43(B)log

SEPTEMBER 26, 2022

19-CV-7577 (KMK), 2022 WL 4368036 (S.D.N.Y. 20, 2022) Plaintiff PCC sued NABP, a nonprofit whose membership consists of state/similar political unit boards of pharmacy (some other pharmacy associations/partnerships are also separate defendants), alleging violations of the Sherman Act and false advertising under the Lanham Act.

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Kluwer Copyright Blog

MAY 16, 2022

Part I of this post provides context to our analysis, explaining the need for a more concrete strategy to meet the challenge of implementing of Article 17 CDSMD in national laws in a harmonized way. Nonetheless, Article 17 itself still doesn’t seem enough. Moving Forward with Article 17 Implementation – A Need for Strategy.

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Kluwer Copyright Blog

MAY 18, 2022

Part I of this post discussed Grand Chamber judgment on the validity of Article 17 CDSMD and explained the need for a more concrete strategy to meet the challenge of implementing that provision in national laws. Photo by Aneeque Ahmed, NounProject.com. Today, we can observe online services that have grown exponentially since their early days.

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The IPKat

FEBRUARY 21, 2022

Given this inconsistency, in 2017, the scope of the Italian patent box was narrowed by excluding the income generated by the use of trademarks (Article 56 of Decree-Law no. 50 of 24.4.2017). The first modification that was proposed concerned the system of the tax incentive.

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LexBlog IP

JULY 28, 2022

On 1 er March 2022, the EPO announced the immediate freezing of its cooperation activities with the national patent offices of the Russian Federation and Belarus and with the Eurasian Patent Organisation, established in Moscow and grouping certain countries of the former Soviet Union. Freeze on international cooperation. a) Before the EPO.

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IP Tech Blog

JULY 28, 2022

On 1 er March 2022, the EPO announced the immediate freezing of its cooperation activities with the national patent offices of the Russian Federation and Belarus and with the Eurasian Patent Organisation, established in Moscow and grouping certain countries of the former Soviet Union. Freeze on international cooperation. a) Before the EPO.

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Herbert Smith Freehills

DECEMBER 8, 2022

On 1 June 2022 new competition rules for vertical agreements came into force in the EU and UK, the first time the two have diverged in recent years and a move requiring businesses operating in the territories to comply with both regimes. Read more. . EU Commission and CMA focus on cooperation in the name of sustainability.

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Technology & Marketing Law Blog

JANUARY 13, 2024

” The article didn’t mention that mandatory online age authentication is also unconstitutional. 5) As used in this subdivision, “facilitate, aid, or abet” means to deploy a system, design, feature, or affordance that is a substantial factor in causing minor users to be victims of commercial sexual exploitation.

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The IPKat

OCTOBER 19, 2022

Rose also reported on Jones v Irmac Roads ( [2022] EWHC 495 (IPEC) ), a decision delivered by the High Court of Justice of England and Wales. As a reminder to brand owners looking to enter the China market, SpecialKat Tian Lu considered in her post how powerful the Chinese language integrity point can be.

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IPilogue

FEBRUARY 17, 2023

This article was submitted as a requirement for Prof. Bill C-18, the Online News Act , which was introduced by the Minister of Canadian Heritage in April 2022, seeks to ensure that news outlets are fairly compensated for their news content by digital platforms. Ivana Peloza is a 3L JD Candidate at Osgoode Hall Law School.

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Herbert Smith Freehills

DECEMBER 8, 2022

On 1 June 2022 new competition rules for vertical agreements came into force in the EU and UK, the first time the two have diverged in recent years and a move requiring businesses operating in the territories to comply with both regimes. Read more. . EU Commission and CMA focus on cooperation in the name of sustainability.

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The IPKat

MAY 15, 2024

By decision dated 18 October 2022, the Examiner rejected the trade mark registration under Article 7(1)(b) and (c) EUTMR as the requested trade mark was deemed to be descriptive and lacked distinctiveness. The Examiner also noted that the Applicant did not prove acquired distinctiveness through use as per Article 7(3) EUTMR.

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IP Tech Blog

AUGUST 18, 2023

An important part of the amendment is the introduction by Article 76 of the patent linkage system in China – a system for litigation of drug patents prior to market entry of generics, similar to that provided by the Hatch Waxman Act in the US. Has the Chinese Patent linkage framework worked as designed?

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IPilogue

JUNE 9, 2022

This article was written as a requirement for Prof. In most cases, compulsory licences are granted to meet the demand for a patented product in a domestic market. Jenny Peng is an IP Innovation Clinic Fellow and a 2L JD Candidate at Osgoode Hall Law School. Pina D’Agostino’s Directed Reading: IP Innovation Program course.

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The IPKat

SEPTEMBER 30, 2023

In February 2022, Colt filed an application (the Application) to register the following mark (the Mark) as a European Union trade mark (EUTM): The classes applied for were classes 9, 35 and 41, primarily in respect of virtual goods and services providing online virtual firearms for virtual use. Kat thinking about guns on the interwebs.

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The IPKat

AUGUST 25, 2022

GuestKat Nedim Malovic reported and commented on the background and reasoning of the Second Board of Appeal's decision in Case R 503/2021-2 ( Speculative Product Design LLC v. In addition, the UK Government responded to the call for views on design, which ran from January to March 2022 (see here ). see here ).

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LexBlog IP

NOVEMBER 15, 2022

Design Patent No. 13, 2015, which was the design patent asserted in the matter noted above. ”, along with the appropriate patent number, on the article itself or (in limited circumstances) its packaging. Design Patent No. 21cv11018 (DLC), 2022 BL 301209 (S.D.N.Y. 26, 2022) (Cote, J.).

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Kluwer Copyright Blog

DECEMBER 12, 2023

Synthetic data may be defined as ‘artificial data that mimics real-world observations’ ( see DataScience (2022) ). As regards the legal framework for TDM, different jurisdictions have diverging approaches ( see Flynn et al (2022) ). However, TDM for commercial purposes under Article 4 may be opted-out ( see here ).

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