LexBlog IP

AUGUST 30, 2023

The third defendant was licensed to produce and market the disputed foods and spices under its own name and at its own expense, paying a fixed fee to the plaintiff for each individual product sold. Compensation presupposes culpability and infringement of IP (or related rights) (i.e.,

Intellectual Property 52

Intellectual Property Moral Rights Related Rights Art 52

IP and Legal Filings

OCTOBER 28, 2022

As of this writing, there is no explicit regulation governing the NFT market or the way NFTs should be produced, acquired, gathered, coined, etc. They may file a claim for damages and/or for the cessation of all conduct relating to the use of said mark. Image source: iStock]. Conclusion.

Non-Fungible Tokens 87

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 87

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

Selvam & Selvam Blog

SEPTEMBER 7, 2023

This leads to the question – Is it essential for businesses targeting the Indian market to register their trademark as a well-known trademark? Copy of the Judgement wherein the trademark has been determined as well- known by any Court in India or Registrar of Trademarks. Additionally, they can send supporting documents, if any.

Trademark 52

Trademark Registration Intellectual Property Business 52

Kluwer Copyright Blog

FEBRUARY 2, 2023

There is uncertainty over how much selection and refinement is needed to produce the best work (see examples of selection, refinement and reworking here and here ) and getting the right prompt is challenging enough to have created a market for effective prompts. We were not aware that the image may have been created by AI” 2.

Copyright 145

Copyright Art Fair Use Registration 145

The IPKat

DECEMBER 17, 2021

It had to be decided how the marks would be perceived by the average consumer, in the relevant market, who is reasonably well-informed and observant, taking account of the type of goods and how they are marketed. The degree of similarity of the goods should be considered in relation to the degree of similarity of the marks.

Trademark 96

Trademark IP Registering Trademarks Branding 96

Kluwer Copyright Blog

APRIL 5, 2022

In Gtflix , the CJEU held that when a claim relating to the dissemination of allegedly disparaging remarks on the internet is brought, the compensation for the resulting damage from that claim in one Member State may be sought before the courts of that same Member State. The report states that the global recorded music market grew with 18.5%

Copyright Law 60

Copyright Law Copyright Law Music 60

Kluwer Copyright Blog

OCTOBER 3, 2022

On 22 September 2022, the AG Szpunar issued his opinion in the AKM case on the interpretation of communication to the public by a satellite.

Copyright Law 114

Copyright Law Copyright Law Music 114

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

SpicyIP

MARCH 15, 2022

Press publishers are dependent on platforms like Google and Facebook for referential traffic on their website making it difficult for them to negotiate with giant platforms especially the ones with the dominant market position. 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

DECEMBER 26, 2021

This seems to have pushed EU Member States towards compliance – the latest examples here are the Irish European Union (Copyright and Related Rights in the Digital Single Market) Regulations 2021 (19 November), the Italian Decree (published on 27 November), and the Estonian Act implementing the Directive (8 December).

Copyright Law 116

Copyright Law Copyright Law Reporting 116

LexBlog IP

JUNE 28, 2023

Accordingly, the Court held that the holder of the IP right to a computer program cannot object to the resale of a copy thereof where such a copy is accompanied by a licence for unlimited use, whether material or immaterial. The Court made specific reference to certain European Court of Justice decisions in this respect. (3)

Copying 52

Copying Copyright Law Copyright Editing 52

Kluwer Copyright Blog

DECEMBER 18, 2022

This prompted some commentators to label this new addition a quasi-moral right – since there is no work of authorship to which the new moral right is attached. Nevertheless, a more precise characterisation is that this is a new related right.

Moral Rights 102

Moral Rights Publishing Licensing Copyright 102

Kluwer Copyright Blog

JUNE 27, 2023

In addition to significantly changing the Portuguese Copyright Code , the Decree-Law also affects Law 26/2015 on collective management organizations and Decree-Law 122/2000 on databases, and creates a new dispute resolution mechanism called “specialized institutionalized arbitration and mediation in matters of copyright and related rights”.

Art 103

Art Contracts Publishing Licensing 103

Kluwer Copyright Blog

NOVEMBER 28, 2022

is not sufficient and therefore is in breach of the law, and in a judgment of 30 November 1999, the same court ruled that a clause providing for 0% for the first 1,000 copies sold, 7% for the next 2,000 copies and 10% beyond 3,000 copies sold, was null. and certain specific rules.

Contracts 96

Contracts Intellectual Property Cinema Copying 96

LexBlog IP

JUNE 7, 2023

The introduction of Law 4481/2017 into the Greek legislation aimed to regulate the collective management of IP and relative rights, thus amending the EU Collective Rights Management Directive. (1) The A & K Metaxopoulos & Partners Law Firm website can be accessed at www.metaxopouloslaw.gr.

Reporting 52

Reporting Music Related Rights Licensing 52

Kluwer Copyright Blog

JANUARY 18, 2023

Specifically, this means that acts of reproduction for the purposes of preserving copies of works within the scope of Sections 60e, 60f, 60h UrhG may, from now on, also be made by commercial organisations in the field of cultural heritage. The new related right for press publishers (Sections 87 et seqq.

Copyright 52

Copyright Related Rights Copyright Law Publishing 52

The IPKat

SEPTEMBER 19, 2022

In other words: a copy-and-paste transposition of Article 17 is to be preferred to too a creative approach. One such example relates to the blocking of content pending the resolution of a complaint.

Art 135

Art Copyright Law Related Rights 135

Kluwer Copyright Blog

OCTOBER 4, 2023

This provision, while optional, is rendered mandatory for online use on select major platforms under Article 17(7) of the copyright and related rights in the Digital Single Market Directive ( CDSM ). In summary, parody, pastiche, and caricature all rely on imitation and copying as a means of generating new expressions.

Copyright Law 87

Copyright Law Art Copyright Law 87

Kluwer Copyright Blog

MARCH 21, 2023

The narrow permitted uses, consisting of making copies for digitisation purposes and disseminating online via non-commercial websites are problematic. The OWD and the CDSM Directive’s OOCW provisions now coexist as two distinct options that cultural heritage institutions can rely on for clearing rights.

Copyright 103

Copyright Marketing Marketing Licensing 103

Kluwer Copyright Blog

JUNE 29, 2023

While sports events, as such, are not protected by copyright and related rights, the origanisers of these events may benefit from specific protection under national law.

Copyright Law 60

Copyright Law Law Copyright Publishing 60

Kluwer Copyright Blog

MAY 30, 2022

Much has been said about the press publishers’ right, introduced by Article 15 of the Directive on Copyright in the Digital Single Market (CDSM). This is particularly visible in the definition of the negotiation and licensing scheme envisioned for the exercise of the new related right. Image via needpix.

Publishing 56

Publishing Law Contracts Licensing 56

Kluwer Copyright Blog

MAY 30, 2022

Much has been said about the press publishers’ right, introduced by Article 15 of the Directive on Copyright in the Digital Single Market (CDSM). This is particularly visible in the definition of the negotiation and licensing scheme envisioned for the exercise of the new related right. Image via needpix.

Publishing 52

Publishing Law Contracts Licensing 52

Kluwer Copyright Blog

NOVEMBER 24, 2021

In this context, the BGH issued a decision in 2014 in relation to the games console, Nintendo DS. In 2017, the BGH once more issued a ruling on Section 95a UrhG in relation to the Nintendo DS games console. The BGH assumed that an infringement of the related right of the film producer had occurred.

Contracts 98

Contracts Copyright Law Cease and Desist 98

Kluwer Copyright Blog

OCTOBER 7, 2021

The Stichting Brein preliminary reference related to the liability of an operator of a platform for Usenet services for communication to the public, while the Puls 4 TV reference concerned the application of the hosting safe harbour to online video platforms. Austro-Mechana, AG Hogan, C-433/20.

Copyright Law 60

Copyright Law Copyright Law Television 60

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”).

Reporting 52

Reporting Marketing Marketing Copyright 52

Kluwer Copyright Blog

NOVEMBER 29, 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 “online content-sharing services providers” (OCSSPs). Mere facts”.

Reporting 52

Reporting Marketing Marketing Copyright 52

Kluwer Copyright Blog

JUNE 6, 2022

Therefore, a copy-paste implementation of the provision during the implementation process is simply not an option if no additional guidelines are provided on how the safeguards can be made operational in practice.

Copyright 56

Copyright Settlement Law Copying 56