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

MARCH 14, 2022

Running from 29 October 2021 to 7 January 2022, the “ Artificial Intelligence and IP: copyright and patents ” consultation formed the latest round in an ongoing national conversation between the UK Intellectual Property Office (UKIPO) and interested stakeholders (see here ). A third alternative: the related rights approach.

IP 60

IP Public Domain Copyright Intellectual Property 60

The IPKat

FEBRUARY 3, 2023

UNION-IP will hold an event, titled "What Does My Claim Cover? 6-7 April 2023: “From the DMCA to the DSA: A Transatlantic Dialogue on Online Platform Liability and Copyright Law” The Berkeley Center for Law and Technology will hold its 27th annual symposium, on 6 and 7 April 2023, at the International House, UC Berkeley.

Intellectual Property 67

Intellectual Property Intellectual Property Law Contracts IP 67

SpicyIP

JANUARY 12, 2022

The officials dealing with copyright were generalist administrators, and expertise on international copyright laws in academia was sparse […]. The only other openly accessible work (that I’m aware of) that looks into the negotiating history of international agreements in the IP context, is J. Watal and A.

Intellectual Property 145

Intellectual Property Publishing Copyright Technology 145

Garrigues Blog

DECEMBER 14, 2021

The tension between freedom of expression and copyright protection has lately been one of the hottest topics in EU and Portuguese copyright laws. Nobody questions the fact that IP laws need to be enforced on the internet.

Copyright 52

Copyright Related Rights Ownership Copyright Infringement 52

LexBlog IP

JUNE 28, 2023

The plaintiff, a leading multinational software manufacturer, owned the rights to exploit the programs. 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.

Copying 52

Copying Copyright Law Copyright Editing 52

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

The IPKat

MAY 22, 2022

Perfect timing for our Sunday rundown of key IP events and opportunities for the rest of this month and the start of June! Each year, the LIDC examines two topical questions on competition law and IP/unfair competition law. IP Question: 'Green IP': What is the role of intellectual property in sustainability?

Intellectual Property 83

Intellectual Property Intellectual Property Law IP Registration 83

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. Copyright: NFTs are closely related to artworks that are the subject to copyright and related rights protection. Image source: iStock]. Conclusion.

Non-Fungible Tokens 86

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 86

The IPKat

JUNE 26, 2022

While enjoying (or not) this heatwave, check the latest IP events and opportunities to be cool for the summer! Experts from different countries and regions will be sharing and exchanging insights on various areas of IP. closing dinner), IP Lunches (incl. Diversity and Inclusion Today, Would you like some IP with your Wine?,

Intellectual Property 117

Intellectual Property IP Registration Copyright 117

Kluwer Copyright Blog

JANUARY 9, 2023

The Contested Meaning of Web3 & Why it Matters for (IP) Lawyers by Mark Fenwick and Paulius Jurcys. AI Music Outputs: Challenges to the Copyright Legal Framework – Part I by Oleksandr Bulayenko , João Pedro Quintais , Joost Poort and Daniel Gervais. This begs the question of how EU law can and should meet this challenge.

Copyright 95

Copyright Blogging Fair Use Reporting 95

Kluwer Copyright Blog

JANUARY 25, 2022

Amongst the many examples in which fundamental rights have demonstrated their value and their essential function, recent reforms in European copyright law have underlined their importance for the European legal order. Their introduction highlights the importance of research for creating an innovative digital market in the EU.

Copyright 60

Copyright Intellectual Property Copyright Law Law 60

Kluwer Copyright Blog

MARCH 30, 2022

It will then explain why this implementation approach runs counter to the fundamental freedom of information and to basic principles of copyright law. At the same time, this inconsistency is distressing, especially since the grand purpose of the Directive is to foster a digital single market.

Publishing 52

Publishing Intellectual Property Law Intellectual Property Related Rights 52

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

The IPKat

FEBRUARY 3, 2023

For example, if we ask the Stable Diffusion generator for a “cat wearing a suit” it generates images of dapper cats at the press of a button: As an aside, as it has been discussed previously on the IPKat , there is some uncertainty whether these image outputs are protected under copyright law and, if protected, who owns the relevant copyright.

Litigation 143

Litigation Copying Copyright Designs 143

Kluwer Copyright Blog

AUGUST 18, 2021

The consultation document restates the fundamental right to intellectual property as the fundamental principle of ‘protection of the intellectual creations of individuals in the online space’ but is otherwise silent on IP. because there is no public access regime that applies, or because third parties own intellectual property rights.

Government 56

Government Database Right Intellectual Property Copyright 56

Kluwer Copyright Blog

JUNE 28, 2021

In this sense, the Legislative Decree 9/2008 relating to “Discipline of ownership and marketing of audiovisual sports rights and relative allocation of resources” acknowledges that the professional league and the clubs are joint owners of the audiovisual rights relating to matches. by Tito Rendas. €

Television 52

Television Copyright Blogging Law 52