The IPKat

DECEMBER 1, 2023

It is time to vote for your favourite intellectual property law books of 2023 in the annual IPKat Book of the Year Awards! The IPKat team continues to read and review as many brilliant IP books as possible, of which there are many, for the Kat community.

Social Media 120

Social Media Intellectual Property Intellectual Property Law Related Rights 120

TorrentFreak

JANUARY 10, 2024

No value was placed on deposits but its claimed that Tuan generated profits of 80 to 100 million VND per month (US$3,300 to US$4,100) to an estimated total of 3 billion VND (US$123,000) The authorities are being especially clear on the alleged offenses and which laws apply.

Advertising 97

Advertising Advertising Reporting Copying 97

The IPKat

DECEMBER 28, 2023

Readers are reminded that they can vote for their favourite intellectual property law books of 2023 in the annual IPKat Book of the Year Awards! Votes must be made via email before 15th January 2024 as per the instructions below.

Social Media 57

Social Media Intellectual Property Intellectual Property Law Related Rights 57

Kluwer Copyright Blog

DECEMBER 20, 2022

This contribution is based on a paper published in 44 European Intellectual Property Law Review 595 (2022). . As is known, originality has always been the essential requirement of copyright law, and only works that show some minimum amount of this attribute usually fall within the scope of protection.

Copyright 56

Copyright Related Rights Artistic Work Public Domain 56

The IPKat

FEBRUARY 3, 2023

It is thus clear that TDM does matter - but what should its relationship with copyright and related rights be? It should be noted at the outset that, on the one hand, some commentators hold the view that TDM would not even be covered by copyright law.

Government 141

Government Related Rights Copyright Law 141

Kluwer Copyright Blog

JUNE 19, 2023

These questions will be addressed by applying UK law and the EU copyright acquis to NFTs, as illustrated by relevant Court of Justice of the European Union (CJEU) case law and global contemporary examples. UK copyright law mandates that an assignment of copyright be ‘in writing signed by or on behalf of the assignor’.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

LexBlog IP

OCTOBER 13, 2021

Further, according to article 8(2) of Law 4481/2017, a CMO may exist under the form of a public limited company (SA), but all of its shares must be mandatorily registered. Legal forms of CMOs. In practice, most CMOs in Greece have chosen the form of limited liability civil cooperatives. to be organised on a non-profit basis. Emphasis added.).

Related Rights 98

Related Rights Licensing Law Copyright 98

LexBlog IP

AUGUST 30, 2023

1) He made this request on grounds including trademark law and unfair competition law. Copies of emails between the parties provided to the Court proved that opinions had been exchanged before the composition of the products was finalised. Applicable legal provisions The relevant law in this case was Law 2121/1993.

Intellectual Property 52

Intellectual Property Moral Rights Related Rights Art 52

IP and Legal Filings

OCTOBER 28, 2022

While NFT platforms are not yet specifically regulated, they are subject to the provisions on Electronic System Providers (“ESPs”) contained in several regulations, as follows: • Law No. 11 of 2008, dated April 21, 2008, regarding Electronic Information and Transactions, as amended by Law No 19 of 2016, dated November 25, 2016.•

Non-Fungible Tokens 91

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 91

The IPKat

DECEMBER 2, 2022

Kat friend Jakub Wyczik provides an enlightening discussion of how AI and the law, especially copyright, intersect, with particular attention to the technical operation of AI. Not only do many express wonder about how these systems work, but there is even doubt whether such users even have rights to such outputs.

Copyright 145

Copyright Related Rights Intellectual Property Law Intellectual Property 145

The IPKat

DECEMBER 15, 2022

Unlike Botswana (see November, below), there is no official copy of the draft policy available online. Thanks to some Katfriends though, this Kat was privileged able to see a copy of the draft policy before the validation exercise. November: Botswana launched its first ever National Intellectual Property Policy (BIPP).

IP 134

IP Patent Intellectual Property Government 134

Kluwer Copyright Blog

MAY 11, 2023

The most modern instalment of this long history comes in the form of another kind ‘copy’, less richly decorated, yet more relevant and politically sensitive for a country that has established a long-term foreign investment “partnership” with the tech and communication industry: the transposition of Directive 2019/790 into Irish law.

Copying 103

Copying Copyright Law Copyright Social Media 103

The IPKat

DECEMBER 15, 2023

The ACA had issued a public notice in 2022 announcing the commencement of mandatory Recordation of Intellectual Property Rights through the Anti-Counterfeit Authority Integrated Management System (AIMS). In August , Kenya’s Copyright Board tabled the Copyright and Related Rights Bill, 2023 before Parliament.

IP 83

IP Intellectual Property Copyright Music 83

Kashishipr

AUGUST 31, 2022

However, in this aspect, what needs to be duly noted is that staying on top of Copyright Laws , rules, and regulations on a content-rich internet can be challenging. It is because not only the internet but the laws, rules, and regulations are also saturated with exceptions, clauses, and legal jargon. For more visit: [link].

Moral Rights 52

Moral Rights Copyright Intellectual Property Licensing 52

IP and Legal Filings

DECEMBER 6, 2022

The transformed state of music now also includes remixes which on a substantial purview might engage in conflict with the foundational legal rights of the music produced by the musician. Right to communicate the work to the public. Laws concerning reproduction for personal use do not apply to musical works.

Music 83

Music Copyright Copyright Infringement Moral Rights 83

TorrentFreak

DECEMBER 13, 2021

Of the total domains affected by the deletions, around 20% of the domains were found to carry more than 100 links to unlicensed copies of movies and TV shows. While all signatories to the current memorandum support the proposals of the working group, there is also a desire to have the voluntary agreement written into law.

Related Rights 141

Related Rights Copying Copyright Government 141

The IPKat

APRIL 29, 2022

WIPO is gearing up for the 42nd session of its Standing Committee on Copyright and Related Rights and the Africa Group at WIPO has submitted a proposal for a Work Program on Limitations and Exceptions (L&Es). At the wake of the pandemic, the mode of conducting the SCCR’s sessions changed drastically. see here ).

Copyright 108

Copyright Related Rights Law Copyright Law 108

Kluwer Copyright Blog

FEBRUARY 2, 2023

21, Copyright and Related Rights Act 2000 ), New Zealand ( section 5(2)(a), Copyright Act 1994 ), South Africa (section 2(h), Copyright Act 1978 ) and the UK ( Copyright, Designs and Patents Act 1988, section 9(3) ). We will keep the law under review and could amend, replace or remove protection in future if the evidence supports it.”

Copyright 145

Copyright Art Fair Use Registration 145

The IPKat

AUGUST 1, 2021

However, the court was of the view that the case law lacks sufficient clarity to enable it to answer the questions without referral to the CJEU. The second case ( 4 Ob 44/21f – in German) relates to an online streaming platform aimed at émigrés from the territory of former Yugoslavia. 2(a) and (e) and Art. 2(a) and (e) and Art.

Television 145

Television Art Advertising Advertising 145

Kluwer Copyright Blog

OCTOBER 3, 2022

Welcome to the third trimester of the 2022 round up of EU copyright law! In this series, we update readers every three months on developments in EU copyright law. Internet Law: A Concise Guide to Regulation Around the World. Photo by Markus Spiske on Unsplash. You can read the previous round-ups here. Stay tuned! by Edward J.

Copyright Law 114

Copyright Law Copyright Law Music 114

Kluwer Copyright Blog

DECEMBER 8, 2022

In August 2022, the European Commission’s Directorate-General for Research and Innovation published a study on EU copyright and related rights and access to and reuse of scientific publications, including open access. Whether relief can be provided by the law of fundamental rights is currently unclear.

Copyright 107

Copyright Ownership Journalism Publishing 107

TorrentFreak

JANUARY 22, 2023

Harmonization With EU Copyright Law Under the EU-Moldova Association Agreement of 2014, Moldova was required to reform copyright law to meet EU standards. ” The establishment of “an efficient system” for the collective management of copyright and related rights was also mentioned.

Copyright Law 124

Copyright Law Music Law Copyright 124

Kluwer Copyright Blog

SEPTEMBER 20, 2023

20 years later, Pelham composed (together with a second defendant), produced and released the hip-hop rap song “Nur mir”, which is underlain by a continuous loop of a two-second rhythmic sequence of metallic drum sounds that had been electronically copied from the “Metall auf Metall” phonogram. 5 InfoSoc Directive.

Art 80

Art Copyright Law Copyright Music 80

Kluwer Copyright Blog

DECEMBER 26, 2021

Welcome to the fourth and final trimester of 2021 round up of EU copyright law! In this series, we update readers every three months on developments in EU copyright law. UK Parliament, Copyright (Rights and Remuneration of Musicians, Etc.) Photo by Markus Spiske on Unsplash. We started this rubric in the beginning of 2021.

Copyright Law 116

Copyright Law Copyright Law Reporting 116

Kluwer Copyright Blog

APRIL 5, 2022

Welcome to the first trimester of the 2022 round up of EU copyright law! In this series, we update readers every three months on developments in EU copyright law. 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.

Copyright Law 60

Copyright Law Copyright Law Music 60

Kluwer Copyright Blog

JUNE 29, 2023

Photo by Markus Spiske on Unsplash Welcome to the second trimester of the 2023 round up of EU copyright law! In this series, every three months we update you on what has happened in EU copyright law. According to the AG, it follows from Article 297 TFEU that EU law is, in principle, not capable of benefiting from copyright protection.

Copyright Law 60

Copyright Law Law Copyright Publishing 60

Kluwer Copyright Blog

NOVEMBER 24, 2021

Parts 1 to 3 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here , here and here. Copyright contract law (Sections 31 et seqq. Right of remuneration (Sections 32 et seqq. Claims under copyright law.

Contracts 98

Contracts Copyright Law Cease and Desist 98

Selvam & Selvam Blog

SEPTEMBER 7, 2023

s failure to renew the registration for the trademark ‘WHIRLPOOL’, the trademark was nevertheless protected by the law, owing to the reputation and goodwill acquired by it. Copy of the Judgement wherein the trademark has been determined as well- known by any Court in India or Registrar of Trademarks. Whirlpool Corporation and Ors.

Trademark 52

Trademark Registration Intellectual Property Business 52

The IPKat

DECEMBER 17, 2021

The Plaintiffs also contended that the logos used by the Defendants infringed on their marks and get up since their registered trademark incorporated the words ‘ACAL’ and an image with the map of Africa which the Defendants had copied. This Katpost discussed the case in fuller detail.

Trademark 96

Trademark IP Registering Trademarks Branding 96

Kluwer Copyright Blog

OCTOBER 7, 2021

Welcome to the third trimester of 2021 round up of EU copyright law! In this series we update readers every three months on developments in EU copyright law. More from our authors: Exceptions in EU Copyright Law: In Search of a Balance Between Flexibility and Legal Certainty. Photo by Markus Spiske on Unsplash. Stay tuned!

Copyright Law 60

Copyright Law Copyright Law Television 60

The IPKat

FEBRUARY 3, 2023

While at this stage the particulars of Getty’s claim are unavailable, their press release states that Stability AI “unlawfully copied and processed millions of images protected by copyright and the associated metadata owned or represented by Getty Images”. temporary copy which is; 2. transient or incidental; 3.

Litigation 143

Litigation Copying Copyright Designs 143

Kluwer Copyright Blog

JUNE 27, 2023

The approved Decree-Law 47/2023 to a large extent corresponds to a legislative project ( Project 52/XV ), which, in turn, was a variation of a previous project ( Project 114/XIV ) that failed due to a political crisis that led to early elections in the country. Worth noting is that the implementation of Art. However, Art.

Art 103

Art Contracts Publishing Licensing 103

LexBlog IP

JUNE 28, 2023

The Court’s decision arose in the context of injunction proceedings relating to the defendants’ unauthorised use of software programs. The plaintiff, a leading multinational software manufacturer, owned the rights to exploit the programs.

Copying 52

Copying Copyright Law Copyright Editing 52

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.

Copyright 52

Copyright Related Rights Copyright Law Publishing 52

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.

Art 135

Art Copyright Law Related Rights 135

SpicyIP

MARCH 15, 2022

We are pleased to bring you a guest post by Mili Baxi, on the development of a publisher’s right in digital media. Mili is a graduate of Institute of Law, Nirma University, currently completing her LLM at LSE. The EU took the Intellectual Property route by introducing a related right under its copy right law.

Publishing 105

Publishing Marketing Marketing Advertising 105

Kluwer Copyright Blog

MAY 30, 2022

Aimed at ensuring remuneration for publishers when their publications are reused online by news aggregators, Article 15 grants press publishers the right of reproduction and the right of making available for online uses of their press publications by information society service providers.

Publishing 56

Publishing Law Contracts Licensing 56