The IPKat

APRIL 2, 2024

In total 19 patents were litigated, with eight being held valid, and seven valid and infringed. Prior to this judgment, Apple had been ordered by Meade J to commit to licence terms ‘unseen’ if it wished to avoid an injunction in the UK. There were three successful appeals, two on construction and one on validity.

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Reporting Patent Invention Litigation 62

The IPKat

SEPTEMBER 4, 2023

The EUIPO published The Baseline of Trade Secrets Litigation in the EU Member States in 2018. On 28 June 2023, the EUPIO published the follow-up report , Trade Secret Litigation Trends In The EU , focusing on trends in trade secrets litigation since the implementation of the Directive.

Reporting 70

Reporting Litigation Contracts Publishing 70

Kluwer Copyright Blog

AUGUST 13, 2023

The UK approach focuses on guidance for specific sectors and risks. Instead of assigning responsibility for AI governance to a new single regulator, the UK Government is empowering existing regulators to come up with tailored approaches for specific sectors. and others v. Stability Al Ltd. case number IL-2023-000007). and Awad M.

Copyright 98

Copyright Derivative Work Copying Copyright Infringement 98

The IPKat

JANUARY 28, 2024

Viewing maps as cultural, creative, and commercial material artefacts means that examining their production, circulation and use can also inform our understanding of the relationship between copyright, creativity and cultural production. A question as simple as “what is a map?” becomes a story with main characters and several plot twists.

Copyright 67

Copyright Social Media Publishing Intellectual Property 67

TorrentFreak

JULY 2, 2022

Most higher-tier anti-piracy groups are interested in taking down illegal sites, services and other commercial-scale pirates. Hatton and Berkeley (H&B) and its partners have been demanding cash settlements from UK internet subscribers for years. Robert Croucher (UK) 1 , 2. Kieron Sharp (UK) 1 , 2. H Films Inc.

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Settlement Government Copyright Reporting 96

Kluwer Copyright Blog

FEBRUARY 28, 2024

Photo by Jakayla Toney on Unsplash The case recently brought against OpenAI by the New York Times is the latest in a series of legal actions involving AI in the United States, and mirrored in other countries –notably, the UK. In this regard, an important precedent lies in the history of US litigation involving Google Books.

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Fair Use Copyright Moral Rights Copyright Law 137

Kluwer Copyright Blog

FEBRUARY 28, 2024

Photo by Emily Wang on Unsplash The UK’s attempt to deal with generative AI, training data and copyright law has taken yet another turn. Of course, their ongoing litigation makes them valid and attractive candidates to join these talks. For a full list, see here.

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Copyright Law Copyright Law Music 60

TorrentFreak

MAY 31, 2022

The Digital Economy Act 2017 was the government’s attempt at creating a better, safer internet for citizens in the UK. Similar operations have existed in the UK for over 15 years but more recently have abandoned pornography in favor of regular movies. Government Ignored Warnings. FACT Administration LLP.

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Settlement Intellectual Property Government Copyright 126

TorrentFreak

OCTOBER 8, 2021

The filing described the filmmakers as “opportunistic litigants” that rely on “unsupported” liability theories. Specifically, Sharktech will use commercially reasonable tools to block the IP-addresses of several pirate sites including Pirate Bay, YTS, RARBG, and 1337x. “Pursuant to 17 U.S.C. 3) “RarBg” ([link]. (4)

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The IPKat

DECEMBER 16, 2022

She is Of Counsel at Eversheds Sutherland Italy in the IP and Commercial Department. She likes to work in international environments, especially cross-border and multi-jurisdictional litigation. Marcel enjoys litigation, in particular. You can learn more about Anna Maria here. Marcel Pemsel - Marcel is a German-qualified lawyer.

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IP Litigation Designs Design 76

Kluwer Copyright Blog

AUGUST 22, 2023

4 CDSMD, we decided to investigate Stock Images providers for two main reasons: the recent litigation started in the US and UK promoted by a large stock images platform, and the fact that some of these companies already provide commercial options for training purposes. Springer, SAGE, Wiley and Elsevier). Pexels and Pixabay).

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Publishing Art Licensing Copying 98

The IPKat

JUNE 23, 2022

easyGroup Ltd v Nuclei Ltd [2022] EWHC 901 (Ch) (April 2022) Serial trade mark litigant easyGroup, the vehicle for Sir Stelios to seek to monopolise the word “easy” for travel and just about everything else, received some comeuppance before Mrs Justice Bacon. Muzmatch has since rebranded as Muzz.

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Branding Brands Branding Litigation 73

The IPKat

OCTOBER 6, 2021

If you see some tired patent litigators in the UK , it might be because there are an alarming number of applications for expedition of trials and issues, with a significant number being granted. In the UK Advanced Bionics sought to invalidate the patent and/or to establish that their product ‘3D device’ did not infringe ([1]).

Marketing 52

Marketing Marketing Patent Litigation 52

Kluwer Copyright Blog

APRIL 17, 2023

Nonetheless, the OGL has always been interpreted by the community and legal commentators as a good faith position statement, assuring users against any vexatious litigation. mandate a licence to Wizards of the Coast which permits ‘the perpetual, irrevocable right to use [those commercial works] in any way it sees fit without payment’.

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Editing Contracts Publishing Copyright 56

Kluwer Copyright Blog

DECEMBER 12, 2023

The ongoing lawsuits against generative AI tools in the US and the UK allege that tools such as ChatGPT directly infringe copyright-protected works ( see here , here and here ). However, TDM for commercial purposes under Article 4 may be opted-out ( see here ).

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Copyright Derivative Work Music Designs 78

TorrentFreak

SEPTEMBER 15, 2021

This type of scheme (often labeled ‘copyright trolling’ due to the generation of revenue through strategic litigation) exists in many countries around the world. In the UK, for example, many copyright holders have tested the waters in the past, sometimes with significant controversy. Warning Signs Appeared a Few Months Ago.

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Settlement Copyright IP Reporting 98

The IPKat

FEBRUARY 1, 2022

A year ago, Neurim was successful in the UK trial ( [2020] EWHC 3270 (Pat) ) when its claims of infringement were accepted by the court and counterclaims on the invalidation of its patent were rejected, only to shortly thereafter see its patent invalidated in the EPO (patent EP 1 441 702).

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Invention Patent Litigation Law 76

SpicyIP

JULY 7, 2021

(covered by Praharsh here ) Under this Ordinance, IPAB’s powers in respect of pending as well as fresh patents, trademarks, GI and Plant Varieties matters were transferred to the High Courts, while in case of copyright they were transferred to the Commercial Courts. before the court. Basheer more than a decade ago! Prabha Sridevan’s posts.

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IP Intellectual Property Government Patent 119

The IPKat

DECEMBER 29, 2023

Trial F concerned the issues of whether Apple was permanently disentitled from relying on Optis’ ETSI undertaking and thus may be subject to an unqualified injunction and some of Apple's defences to this; the appeal from it will be heard by the UK Supreme Court. Was there hold up, hold out, and/or an abuse of dominance?

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Patent Litigation Marketing Marketing 78

Kluwer Copyright Blog

FEBRUARY 20, 2023

The issue is beginning to be litigated in the United States and the United Kingdom. There are currently at least three lawsuits (two in the US (see here and here ) and one in the UK (see here )) alleging that training generative ML models on publicly available works is copyright infringement.

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Copyright Fair Use Publishing Law 107

SpicyIP

MAY 2, 2022

Akshat is a lawyer, interested in IP policy, currently litigating at the Patna and the Delhi High Courts. The use by the Defendant was not to exploit, individually or commercially, works of the Plaintiff, but only in a transformed capacity as a part of news reporting. the UK Court of Appeal, following the opinion in Pro Sieben AG v.

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Fair Use Copyright Reporting Licensing 116

SpicyIP

MARCH 27, 2024

So, we dive into the dispute over the role of scientific advisers versus expert evidence in IP litigation. In the Patent Court guide issued by the UK Government, it is explained that the English Patents Court utilizes a technical rating system ranging from Category 1 to Category 5. A little bit about the Indian paradigm.

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Litigation IP Intellectual Property Patent 59

The IPKat

OCTOBER 25, 2022

Speakers will provide updates from the European Patent Office and the UK courts, look at developments in SPCs, and consider intellectual property in co-development and open innovation agreements. Registration is available here. For more information and to register, click here. More information on the panellists can be found here.

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Intellectual Property Registration IP Technology 67

Kluwer Copyright Blog

APRIL 25, 2023

This is more likely to be successful in jurisdictions that have a specific exception for user-generated content (such as Canada) or an open-ended system of copyright exceptions (such as fair use in the US) rather than a closed-list system of exceptions (such as EU Member States and the UK).

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Copyright Copyright Infringement Fair Use Intellectual Property 56

Kluwer Copyright Blog

MAY 9, 2023

In particular, Article 4 CDSM Directive contains a so-called “commercial” TDM exception, which provides an “opt-out” mechanism for rights holders. For models like Midjourney , Dalle-E , or Firefly , the relevant provision would be the commercial TDM exception. 3] Credit for the prompt goes to Professor Thomas Margoni.

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Copyright Fair Use Copyright Law Law 138

Herbert Smith Freehills

DECEMBER 8, 2022

Online retail, spurious climate claims, influencers and vertical agreements all on the agenda as UK and Europe moved to upgrade competition and consumer protection rules. The UK went one step further, listing wide retail parity obligations as a hardcore restriction under the VABEO, the domestic equivalent of the VBER. Read more. .

Social Media 52

Social Media Branding Brands Branding 52

Herbert Smith Freehills

DECEMBER 8, 2022

Online retail, spurious climate claims, influencers and vertical agreements all on the agenda as UK and Europe moved to upgrade competition and consumer protection rules. The UK went one step further, listing wide retail parity obligations as a hardcore restriction under the VABEO, the domestic equivalent of the VBER. Read more. .

Social Media 52

Social Media Branding Brands Branding 52

SpicyIP

SEPTEMBER 18, 2023

His predominant areas of practise are Arbitration, Commercial and Intellectual Property Laws. Hons) LLB from NALSAR, Hyderabad in 2011 and MSc from Oxford, UK in 2012. This will ensure that if there is any chance of pre-litigation settlement between the parties then the same is exhausted before the parties enter the litigation arena.

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Cease and Desist Intellectual Property Law Settlement Copyright Infringement 115

SpicyIP

JANUARY 16, 2023

In an ongoing litigation, the Delhi High Court will decide whether the government can refuse to disclose its collaboration agreements and investments in developing and procuring the COVID-19 vaccine, Covaxin. Saga Films: Madras High Court on Interim Injunction and Section 12A of Commercial Courts Act. Prabhakar v. M/s Saga Films.

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Trademark Designs Design Registration 102

The IPKat

AUGUST 1, 2023

Background This case concerns the latest instance of litigation brought by Lifestyle Equities (Lifestyle), a licensee of the BEVERLY HILLS POLO CLUB mark, against another polo clothing company – this time the UK-based Royal County of Berkshire Polo Club (RCB).

Branding 52

Branding Brands Branding Marketing 52

43(B)log

FEBRUARY 2, 2024

UK: TM protection depends on formalities/registration; registered TMs are property rights; goodwill in a business is a different property right protected through the tort of passing off; no generalized unfair competition law. Goldsmith SCOTUS understood the “use” to be the foundation’s commercial licensing. Hanover Star v.

Fair Use 49

Fair Use Derivative Work Licensing Marketing 49

43(B)log

AUGUST 12, 2022

If failed, online dispute resolution/court litigation. Commerciality requirement? Quotes SD Fla: “the mere act of misappropriating the p’s identity may be sufficient evidence of commercial value to survive even a motion for summary judgment.” Commercial value = damage; control; dignity. AI can do preliminary recognition.

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Privacy Inventor IP Government 59

The IPKat

FEBRUARY 21, 2022

Topics include access and substantial similarity, fair use, performers’ rights, moral rights, expert testimony, the role of lay listeners, sound sampling, as demonstrated in dispositions of litigated and settled infringement disputes. The event will take place on 18 March 2022 from 1:15pm to 7:00pm (CET) and registrations are open here.

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Intellectual Property Moral Rights Registration Editing 67

LexBlog IP

APRIL 3, 2023

This is an important decision to review in understanding licensing and litigation of international SEP portfolios. Oppo decision relied on by Intext to argue essentiality/validity must be conclusively established is contrary to the UK Unwired Planet v. Ericsson argued that the Nokia v. Asus Tek and Tagivan (MPEG LA) v.

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Licensing Technology Intellectual Property Patent 52

The IPKat

MAY 7, 2022

A second aspect in the remedies is that the UK, German, and now Chinese courts are all willing to set the global FRAND rates. Mr Justice Mellor called for judicial restraint in an interview last year, but I think the litigants will argue actively against it. What is the way out?

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Licensing Patent Editing Publishing 52

SpicyIP

NOVEMBER 6, 2023

Potential Loopholes in the Execution of Local Commission Local Commissions hold a very important place in IP litigation by enabling the court to secure evidence against the allegation of infringement. 3 lakhs are based on ulterior motives to avoid application of Commercial Courts Act. New Balance Athletics Inc.

Licensing 59

Licensing IP Patent Infringement Confidentiality 59

SpicyIP

FEBRUARY 9, 2023

Supreme Court of India , which dealt with issues of confidentiality, privacy (prior consent) of litigants and witnesses, restrictions on access to proceedings of trials and the preservation of the larger public interest due to the sensitivity of the proceedings. These are based on the principles set forth in Swapnil Tripathi v.

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Copyright Government Law Editing 136