Larson & Larson

FEBRUARY 13, 2021

Often, the reason that the patent office will cite for rejecting an application is the presence of prior art. This makes the term ‘prior art’ an important concept for inventors to understand. What is Prior Art? You may have heard the term ‘prior art’ before in the context of patents.

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Art Patent Invention Patent Application 52

The IPKat

MARCH 7, 2022

This latest referral follows hot on the heels of the referral from the Finish Market Court on the correct interpretation of Article 3(c) of the SPC Regulation, also with respect to combination products ( IPKat ). The Irish referral relates to both Article 3(a) and Article 3(c). INEGY is approved as a cholesterol lowering agent.

Art 117

Art Public Domain Invention Marketing 117

Kluwer Copyright Blog

DECEMBER 5, 2022

It can be used to provide additional information about goods that may embed works of art protected by copyright. This provides the advantage of making the encounter between visitors and the art in museums or sites more lively, complete and informative. i) Public domain works. ii) Copyright protected works.

Copyright 103

Copyright Public Domain Art Moral Rights 103

The IPKat

APRIL 8, 2023

The Authority considers that the alleged abuse of economic dependence could have a significant impact on the protection of market competition and harm consumers. It could test the applicability of Art. It could test the applicability of Art. The use of copyright content by OCSSPs The implementation and nature of Art.

Music 129

Music Art Copyright Related Rights 129

The IPKat

APRIL 30, 2024

Anastasiia Kyrylenko, our GuestKat, exploring the case of subsequent overlap between trademark and copyright protection and its implications for the public domain. And in a world brimming with trademarks, what is the ultimate purpose of the public domain? Is the overlap of different IP regimes genuinely problematic?

Reporting 62

Reporting Copyright Public Domain Law 62

Copyright Lately

MAY 13, 2022

That’s why the 1925 novel “The Great Gatsby” didn’t enter the public domain until 2021. But Hawley’s bill has nothing to do with forcing that 1928 short film into the public domain. It wasn’t a Disney work. Neither is 1948’s The Babe Ruth Story.

Reporting 119

Reporting Copyright Public Domain Marketing 119

Technology & Marketing Law Blog

AUGUST 2, 2023

Do these creations belong to the artists or the public domain? Visual art is made by harnessing and curating forces outside our control. This is true of a painter splashing paint on a canvas for an abstract art piece, but even photography captures a chaotic scene. What is to Come for AI Art?

Artwork 96

Artwork Blogging Art Copyright 96

Kluwer Copyright Blog

FEBRUARY 22, 2022

This ambition, and the resulting huge body of work (over 850 studies), inspired us to think about new ways to interpret this empirical literature, and to offer a state-of-the-art overview of the evidence on how copyright works in society. Public Domain. Creative Industries. Evidence is contested and in short supply.

Copyright 52

Copyright Public Domain Marketing Marketing 52

Kashishipr

MAY 25, 2022

Patent Rights exclude others in the industry or market from manufacturing, using, selling, distributing, or importing the patented product or process. By performing a patent search, you can get an indication of what all information is available and accessible in the public domain concerning the proposed invention.

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Patent Patent Application Inventor Invention 78

Kluwer Copyright Blog

JUNE 1, 2023

The members of the European Copyright Society (ECS ) have recently sent a letter to Mr. Thierry Breton ( Commissioner for Internal Market , European Commission ) outlining their view of what should be the priorities for a f uture agenda in the field of copyright law. The letter is available here and its contents are reproduced below.

Copyright Law 110

Copyright Law Copyright Law Art 110

Kashishipr

APRIL 20, 2022

The North American Free Trade Agreement defines a trade secret as “Information having commercial value, which is not in the public domain, and for which reasonable steps have been taken to maintain its secrecy.”

Intellectual Property 119

Intellectual Property Confidentiality Public Domain Business 119

Kluwer Copyright Blog

JUNE 19, 2023

Alternatively, the terms and conditions of the online marketplace where the NFT is marketed may state that the sale of the NFT is complemented by an IP rights assignment in the related digital asset, tethering copyright ownership to NFT ownership (the crypto-native approach) (see, for example the Bored Ape Yacht Club ( BAYC )).

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Non-Fungible Tokens IP Ownership Contracts 98

Kluwer Copyright Blog

OCTOBER 17, 2023

Apart from revolutionizing the creative markets, the ability to obtain new artworks with an increasing marginalization of human contribution has inevitably tested the fitness of copyright legislations all over the world to deal with the so-called “artificial intelligence” (‘AI’). Firstly, the amendment 399 to Art. UDHR, and 15.1

Copyright 123

Copyright Art Copyright Law Licensing 123

Intepat

MAY 4, 2023

While one aims to regulate and ensure that markets operate efficiently in a fair and competitive manner, the other aims to grant a certain level of protection which may be considered to have monopolistic tendencies. After the period of protection, the inventions and information surrounding it fall into the public domain.

Law 52

Law Patent Settlement Inventor 52

Kluwer Copyright Blog

NOVEMBER 20, 2022

We have an artwork, displayed in a museum and which is in the public domain. On the other hand, given that these artworks have already fallen in the public domain, in such a scenario there is no room for copyright to apply. Second, Art. Yet, this work of art is not located in a museum but en plein air.

Artwork 56

Artwork Public Domain Art Copyright 56

43(B)log

AUGUST 4, 2023

Questions about whether creators would agree—Lynn Goldsmith objects to Warhol’s use; maybe that’s an effect of being an unusual use compared to how photographers usually see their works adapted in art. Institutional precarity: Declining trust in markets, not in IP law. That’s the domain of other kinds of laws, like antitrust.

Public Domain 52

Public Domain Contracts IP Privacy 52

Kluwer Copyright Blog

MAY 16, 2023

The introductory sections (1 and 2) sketch the state of the art, research questions, objectives and expected outcomes of the research, outlining its structure and workflow, methodology and selection criteria. Section 3 maps public regulatory sources across EU. The report is structured in 6 parts. private study, e-lending).

Reporting 52

Reporting Copyright Public Domain Editing 52

IP and Legal Filings

JANUARY 23, 2023

Such works of art benefit the creator, and they are protected by the law of intellectual property. Parallel to this, Non-Fungible Tokens, often known as NFTs, have seen tremendous growth as more and more people enter the market. These advantages can be made profitable for the owner.

Non-Fungible Tokens 77

Non-Fungible Tokens Copyright Intellectual Property Ownership 77

Kluwer Copyright Blog

MARCH 8, 2023

Among other modifications, special attention should be given to the enactment of the new Art. 51B, which transposes the much-debated Art. 2121/1993 on “Related Rights”, just after Art. 2121/1993 on “Related Rights”, just after Art. On the contrary, but in compliance with Recital 58 in fine , Art. 15 of the CDSMD.

Publishing 52

Publishing Art Related Rights Marketing 52

LexBlog IP

FEBRUARY 28, 2022

1] That decision shook the art world, as it seems to dramatically narrow the scope of the fair use doctrine, and raises doubts about the lawfulness of many existing works. [2] That factor asks “whether, if the challenged use becomes widespread, it will adversely affect the potential market for the copyrighted work.” [20] 1183 (2021).

Fair Use 97

Fair Use Derivative Work Art Licensing 97

Kluwer Copyright Blog

DECEMBER 7, 2022

Copyright exceptions and limitations that may have an impact on AR are contained in Art. Should it be confirmed that these copies are copyright-protected reproductions, the exception under Art. 5(3)(d) InfoSoc Directive for quotations : the clause applies to bodies that manage cultural goods and to the works of art they collect.

Copyright 56

Copyright Art Public Domain Copying 56

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

Patently-O

AUGUST 10, 2021

The article’s thesis: [Sometimes] patents create incentives to bring a product to market in a way that is relatively harmful to consumers, and the existence of a patent (and the associated rents) discourages the patentee from taking steps to improve the product so as to prevent the adverse health outcomes.

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Patent Public Domain Marketing Marketing 100

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] 4(1) and 4(3). 4(1) and 4(3).

IP 52

IP Copyright Art Related Rights 52

SpicyIP

MARCH 27, 2023

Case Summaries Delhi High Court clarifies that an improvement to the combination of prior art is patentable. The respondent had rejected the application holding that the same does not meet the requirements of Section 2(1)(j) as the subject invention constitutes the elements of prior art(s) D2 with elements of D1 and D3.

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Designs Design Cease and Desist Art 105

Kluwer Copyright Blog

AUGUST 12, 2021

Since the ruling was handed down, the Advocate General’s opinion on the Polish request for the partial annulment of article 17 of the Directive on Copyright in the Digital Single Market (CDSM) has also been published. Hence, the ECL allocates right holders a wide bundle of exclusive rights (art. 147 ECL) and moral rights (art.

Copyright 103

Copyright Moral Rights Copyright Infringement Marketing 103

IP and Legal Filings

SEPTEMBER 8, 2021

According to a report by Markets and Markets, the cryptocurrency market is expected to grow from USD 1.6 In a broad sense, blockchain technology can be defined as an open ledger of information that is used to keep a digital record of the transactions that occur in the crypto market. billion in 2021 to USD 2.2

Intellectual Property 66

Intellectual Property Non-Fungible Tokens Copyfraud Contracts 66

Velocity of Content

DECEMBER 6, 2023

Significant amounts of content are also available through the public domain. Our current AI-related offerings are focused on the corporate, research, academic and education markets. The courts will also look very closely at market harm under the fourth factor. As stated by the Supreme Court in Campbell v.

Copyright 98

Copyright Fair Use Licensing Copying 98

SpicyIP

SEPTEMBER 5, 2022

Moderna’s patent infringement lawsuit is a revenue seeking activity since Moderna wants fair compensation but does not want to remove Comirnaty from the market. Others argue that some of Moderna’s patent claims are over-broad and may be weakened due to prior art.

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Litigation Patent Technology Ownership 137

Kluwer Copyright Blog

DECEMBER 11, 2023

Here the final version is a clear improvement over the original Parliament text as it no longer suggests that model providers need to distinguish between copyright-protected and public domain training materials and then apply different transparency standards to both, which would be unworkable.

Copyright 145

Copyright Copyright Law Publishing Public Domain 145

Kluwer Copyright Blog

MARCH 28, 2023

Niklas Jansson, Public domain, via Wikimedia Commons On 30 December 2022, the Italian Supreme Court ( Corte di Cassazione ) issued an order that intervened again on the interpretation of the quotation exception under Article 70 of the Italian Copyright Act ( l. Today, Italian law, following the implementation of Art.

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Copyright Intellectual Property Copyright Law Art 63

Kluwer Copyright Blog

DECEMBER 20, 2022

Photographs that do not meet the abovementioned creativity threshold do not automatically fall in the public domain, but are protected by a related right as simple photographs. By contrast, the author of a simple photograph is not granted any moral right. Photographs of mere documentation. by Alexander Puutio. € by Edward J.

Copyright 56

Copyright Related Rights Artistic Work Public Domain 56

Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. Copyright is the type of Intellectual Property most often associated with artistic works like fine art, movies, or books. . That’s understandable.

Intellectual Property 67

Intellectual Property Invention Intellectual Property Law Design Patent 67

The IPKat

MAY 12, 2024

The Court however disregarded this argument: “ The provision [Rule 262 (A)(6)] therefore reflects the spirit of the trade secret directive, which also demands for access of at least one natural person from each of the parties and their respective representatives in order to guarantee the fundamental right to a fair trial (see recital 25 and Art.

Confidentiality 62

Confidentiality Art Patent Patent Application 62

Biswajit Sarkar Copyright Blog

JULY 19, 2022

Before using someone else’s creation, consider how your actions will affect its market worth. Public domain resources as a starting point. There are several places where you can find public domain content that is free to use. Make your own or purchase original art from someone else.

Copyright Infringement 52

Copyright Infringement Copyright Public Domain Copying 52

Kluwer Copyright Blog

MAY 17, 2023

The mapping of national legal sources of copyright flexibilities and their comparative analysis provided a detailed overview of the state of the art of copyright flexibilities in all the 27 Member States, organized in 27 national reports which illustrated national provisions using the same taxonomy applied to EU sources. Public domain.

Reporting 52

Reporting Copyright Public Domain Copying 52

Technology & Marketing Law Blog

JUNE 20, 2023

Andy Warhol Foundation for the Visual Arts, Inc. Many copyright scholars and most in the world of fine art have loudly condemned the ruling as a travesty of justice. at 564-65) Finally, Factor 4 “must take account not only of harm to [the market for] the original [book] but also of harm to the market for derivative works” ( id.),

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Fair Use Derivative Work Blogging Licensing 96