The IPKat

FEBRUARY 8, 2024

In late 2023, the Court of Appeal of England and Wales issued its judgment in THJ v Sheridan [2023] EWCA Civ 1354. The judgment in THJ v Sheridan appears to have already had a tangible impact, including on the art and cultural heritage sector.

Copyright 76

Copyright Art Intellectual Property Law Public Domain 76

SpicyIP

JULY 17, 2023

And Ors on 3 July, 2023 (Calcutta High Court) In a dispute concerning allegations of infringement and passing off, the Calcutta High Court has passed an interim injunction order holding that the defendant has prima facie infringed the plaintiff’s unregistered “USCO” mark. And Anr vs Twin Parts Pvt. Competition Commission of India & Ors.

Personality Rights 97

Personality Rights Copyright Patent Copyright Infringement 97

SpicyIP

FEBRUARY 9, 2023

The Court framed these rules as per Section 7 of the Delhi High Court Act, 1966 (Act 26 of 1966) and Article 227 of the Constitution of India. Access to law/legal proceedings: – The right to access justice, which is guaranteed under Article 21 of the Constitution, also encompasses the right to access live court proceedings.

Copyright 136

Copyright Government Law Editing 136

LexBlog IP

DECEMBER 14, 2023

On 9 December 2023, trilogue negotiations on the EU’s Artificial Intelligence (“ AI ”) Act reached a key inflection point, with a provisional political agreement reached between the European Parliament and Council. 1] Reuters, EU begin to hash out EU AI Act details starting Tuesday (12 December 2023). [2]

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Reporting Publishing Marketing Marketing 52

Kluwer Copyright Blog

OCTOBER 17, 2023

District Court of Columbia of 18 August 2023, No 22-1564, specifying that ‘human authorship is a bedrock requirement of copyright’. On 21 February 2023, the USCO reviewed the registration of the comic book “Zarya of the Dawn” (Registration No. Moreover, the Italian Supreme Court, in decision no.

Copyright 124

Copyright Art Copyright Law Licensing 124

The IPKat

FEBRUARY 12, 2024

The IPKat has received and is pleased to host the following guest contribution by Katfriend Seun Lari-Williams , PhD researcher in the fields of copyright and dispute system design at the University of Antwerp, regarding Nigeria's Copyright Act 2022 (which came into effect in 2023) and its constitutional reference to copyright as movable property.

Copyright 62

Copyright Moral Rights Government Public Domain 62

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

LexBlog IP

MARCH 13, 2023

For example, if you file a patent on two inventions but only file claims on one and are only granted claims on one, then that other, unclaimed invention entered the public domain upon the completion of the examination, and you can no longer make a claim to it. Related Articles: Can I Break a Provisional Patent into Multiple Filings?

Patent Application 52

Patent Application Invention Patent Licensing 52

Technology & Marketing Law Blog

DECEMBER 13, 2023

Guy Rub, in his excellent article “ Copyright Survives: Rethinking the Copyright-Contract Conflict , ” suggested that the Ninth Circuit had adopted the ProCD v. 2023 WL 6210901. But that’s a different article.) 2009) (holding that a contract was not preempted by copyright). See also Big Squid, Inc. 2019 WL 3555509 (D.

Blogging 78

Blogging Copyright Contracts Cease and Desist 78

The IP Law Blog

JANUARY 12, 2023

As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. An inventor must secure a patent application within a very short period of time to prevent the work from falling into the public domain. Intellectual property is a company asset, just like inventory.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

LexBlog IP

JANUARY 16, 2024

It seems that one of the intended purposes of the obligation to disclose training data is to enable better enforcement, through an ex-post tool, of the above-mentioned opt-out mechanism under Article 4 of the Copyright Directive.

IP 52

IP Copyright Art Related Rights 52

TorrentFreak

JANUARY 29, 2024

Information Accessible, Reasonably Priced During the weekend, we learned that the eight questions covering the five-year period 2019-2023, rejected by Wiltshire Police and West Yorkshire Police for being too costly to answer, were also sent to Greater Manchester Police (GMP).

Public Domain 107

Public Domain Reporting Intellectual Property Publishing 107

LexBlog IP

JANUARY 12, 2023

As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. An inventor must secure a patent application within a very short period of time to prevent the work from falling into the public domain. Intellectual property is a company asset, just like inventory.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

Kluwer Copyright Blog

FEBRUARY 8, 2023

There is no specific legal basis tackling copyright, meaning that EU copyright law-making has not been based on copyright-related reasoning, but instead on the goal of establishing an internal market as per Article 114 TFEU. However, the Union’s cultural competences, which can be found in Article 167 TFEU , are solely coordinative.

Marketing 111

Marketing Marketing Copyright Copyright Law 111

Kluwer Copyright Blog

APRIL 25, 2024

Nowhere in this so-called balance was any mention made of the public side of the copyright balance—the public’s interest in the creation and dissemination of works, for example, or users’ rights to make fair and lawful uses of protected works, or the importance of the public domain (in which facts and information—i.e.

Copyright 70

Copyright Government Copyright Law Reporting 70

SpicyIP

MARCH 27, 2023

Case: Biomoneta Research Vs Controller General of Patents Designs on 13 March 2023 (Delhi High Court) The matter pertained to an appeal against the order of the controller rejecting a patent application for ‘Air Decontamination Assembly’. on 6 March, 2023 (Delhi High Court) In this case, the plaintiff, Bennett Coleman & Co.

Designs 105

Designs Design Cease and Desist Art 105

IIPRD

MAY 4, 2023

To qualify as a patentable invention, the invention: must not be in the public domain or have been published or used previously; must not be obvious and must involve a technical advancement; and must be capable of being implemented commercially. 3] (1979) 2 SCC 511. [4] 7] 569 U.S.

Intellectual Property 52

Intellectual Property Invention Public Domain Patent 52

SpicyIP

MAY 15, 2023

Deadline for the Applications: 11:59pm IST, 23rd June, 2023. Other Posts World of Possibilities: Single Judge Bench of Delhi High Court Allows Use of Celebrity Information Available in Public Domain Delhi High Court specifies some contours of publicity rights in India! on 1 May, 2023 (Delhi High Court Order No.

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Trademark Registration Cease and Desist IP 104

Velocity of Content

DECEMBER 6, 2023

Significant amounts of content are also available through the public domain. According to this report , open models accounted for 31% of articles, reviews and conference papers in 2021. 2023) , the impact of the infringing use on licensing is one of the key factors in determining market harm. Acuff-Rose Music, Inc.,

Copyright 98

Copyright Fair Use Licensing Copying 98

SpicyIP

APRIL 17, 2023

Case: Coolulu Sports Private Limited vs Union Of India on 5 April, 2023 (Karnataka High Court) Image from here The writ petition was filed against the order of the Regional Director, Corporate Affairs directing the petitioner to change its name for being similar to the trademark of the respondent no. 2 (Lulu Mall).

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Advertising Advertising Confidentiality Trademark 105

LexBlog IP

AUGUST 23, 2023

.” From ongoing debates about the human element (or requirement) of authorship to debates over what constitutes a transformative work to the gauntlet laid down in footnote 2 of Justice Kagan’s dissent in the Supreme Court’s May 18, 2023 decision in Andy Warhol Foundation for Visual Arts, Inc., In fact, lots is happening.

Copyright 52

Copyright Art Copying Derivative Work 52

IP and Legal Filings

JANUARY 22, 2024

Zafar Mahfooz Nomani, 2023). TRIPS Agreement accepted the Berne Convention except Article which states that copyright protected work shall enjoy the copyright protection in all countries of the union. Hubbard and Another v. Vosper and Another, [1972] 2 Q.B. 84 (Court of Appeal of England and Wales 11 17,18,19, 1971). Ngwenya, S.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

LexBlog IP

MARCH 10, 2023

In this article, we explore the factors to consider when deciding whether to file multiple patents for a single, multi-use invention. This affords the inventor an opportunity to continue to improve the subject matter without sharing the disclosure to the public in its ‘patent-pending’ phase. of attorneys.

Invention 52

Invention Patent Application Patent Licensing 52

Technology & Marketing Law Blog

JUNE 20, 2023

21-869 (May 18, 2023). Vanity Fair selected one of the illustrations to accompany its article, titled “Purple Fame.” As a result, Time magazine canceled its contract to publish a 7,500-word excerpt shortly before the book’s publication. The Court held 6-3 that The Nation’s article was not a fair use. Goldsmith , No.

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Fair Use Derivative Work Blogging Licensing 95

The IPKat

APRIL 11, 2023

We are sorry to let you know that Book Depository will be closing on 26 April 2023 You can still place orders until midday (12pm BST) on 26 April 2023 and we will continue to deliver your purchases and provide support for any order issues until 23 June 2023. Picture on bottom left is in the public domain.

Business 73

Business Public Domain Reporting Journalism 73

Technology & Marketing Law Blog

FEBRUARY 13, 2023

If the work was published without proper copyright notice, the work entered the public domain. Effective January 1, 1978, the date of federal copyright protection was moved back from the date of first publication to the date the work was “fixed in a tangible medium of expression,” or permanently recorded in some form. . §

Copyright 118

Copyright Blogging Publishing Fair Use 118

LexBlog IP

JANUARY 10, 2024

On December 6, 2023, Bob Woodward and other defendants moved to dismiss claims brought against them by former President Donald J. Trump Woodward’s publication, The Trump Tapes: Bob Woodward’s Twenty Interviews with President Donald Trump, an audio-book also released in print. What did those papers say? ” H.R.

Ownership 52

Ownership Copyright Government Intellectual Property 52