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

The IPKat

DECEMBER 10, 2023

Image via Pexels Eleonora Rosati discussed the recent assessment of originality in copyright law as considered by the Court of Appeal of England and Wales in the case THJ v Sheridan [2023] EWCA Civ 1354. The post highlights the reasoning adopted by Arnold LJ considering the post-Brexit implications on the UK copyright law.

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Registration Copyright Law Copyright Intellectual Property 67

Kluwer Copyright Blog

JULY 16, 2021

The Polish Ministry of Culture has announced draft changes to the Polish copyright law on the collection and division of the private copying levy. The draft law on the rights of professional artists will significantly change how the private copying levy system has been functioning in Poland so far.

Copying 52

Copying Law Copyright Law Copyright 52

Kluwer Copyright Blog

JANUARY 31, 2023

Under German law, there are no special rules governing liability in cases of intellectual property rights infringements. The German BGH did allow a few civil law exceptions, in particular in relation to adopting content as one’s own or false legal appearance. The resulting conclusion in the BGH case law (e.g.,

Copyright Law 52

Copyright Law Copyright Law Copyright Infringement 52

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) ). Registration was refused in August 2019, in line with previous US case law and guidance.

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Copyright Art Fair Use Registration 145

The IPKat

MARCH 18, 2023

The preface reiterates that the purpose of the book is to describe the essential nature of living IP law: "What we want is the reader to come away with a good idea of how IP works in practice." The second part focuses on protecting products through patents and industrial design.

Intellectual Property 78

Intellectual Property Moral Rights Database Right Editing 78

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.

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Copyright Related Rights Intellectual Property Law Intellectual Property 145

LexBlog IP

AUGUST 30, 2023

1) He made this request on grounds including trademark law and unfair competition law. He worked for large companies, active worldwide in the food industry, which specialised in the design and development of recipes and culinary products for industrial use. dishes and seasonings) as works of IP. (1)

Intellectual Property 52

Intellectual Property Moral Rights Related Rights Art 52

The IPKat

NOVEMBER 7, 2021

Competition Law Association: 22nd Annual Burrell Lecture and Dinner The Competition Law Association will hold the 22nd Annual Burrell Lecture and Dinner at the Institute of Directors (London, UK) on 2 December 2021 from 6:15pm to 10:30pm, GMT. At the event, the speaker, Rt. Details about this and other events are available here.

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Intellectual Property IP Registration Intellectual Property Law 78

The IPKat

JUNE 26, 2022

The event is designed to encourage interactive discussions among participants through panel debates, with each of them covering 4 or 5 key topics related to each specific sector. There will also be panels on CJEU and General Court case law, judicial approaches to parasitic competition, and international design protection strategies.

Intellectual Property 117

Intellectual Property IP Registration Copyright 117

IIPRD

NOVEMBER 23, 2022

For instance, which current governing law would apply to quantum governing technology? What kinds of IP related rights would apply to quantum computing technology? QUANTUM COMPUTING AND THE FUNCTION OF INTELLECTUAL PROPERTY LAWS. INTERSECTION OF INTELLECTUAL PROPERTY LAW WITH FAIR COMPETITION PROMOTING LAWS.

Intellectual Property 52

Intellectual Property Technology Intellectual Property Law Public Domain 52

Technology & Marketing Law Blog

JANUARY 3, 2023

” However, Wallshoppe does not allege Defendant knew of the specific acts of infringement at issue here—Sienna Lewis selling products featuring the Palm Design on Defendant’s website. Additionally, we note that this Study revealed little demand for additional copyright-related rights for press publishers.

Copyright 95

Copyright Social Media Copyright Infringement Publishing 95

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. In July, the WIPO Member States agreed to go ahead with a diplomatic conference on the protection of designs to ease cross-border trade. Stay tuned! by Edward J.

Copyright Law 112

Copyright Law Copyright Law Music 112

IP and Legal Filings

NOVEMBER 30, 2022

The RCEP provides the framework to harmonise trade laws and promote the adoption of best global trade facilitation practises. Additionally, it requires Cambodia to maintain online databases with data on applications and registrations for patents, industrial designs, and trademarks. Conclusion.

Intellectual Property 67

Intellectual Property Marketing Marketing IP 67

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

Kluwer Copyright Blog

DECEMBER 1, 2021

That call concerned patents, copyright and related rights, designs, trade marks and trade secrets. The UK recognises that in order to guarantee that IP incentivises innovation, the government should focus on its domestic IP law and enhance the UK’s AI competitive edge through a potential legislative reform.

IP 68

IP Inventor Invention Intellectual Property 68

Kluwer Copyright Blog

JUNE 28, 2022

This post focuses on selected copyright and related rights matters that the Institute details in its Position Statement. The Data Act Proposal explicitly addresses the relationship between the new right to access and share IoT data and the sui generis database right provided for in Article 7 of Directive 96/9/EC.

Copyright 52

Copyright Intellectual Property Database Right Related Rights 52

Kluwer Copyright Blog

DECEMBER 28, 2021

In particular, the Report relies on an extensive review of the EU law, Court of Justice of the European Union (“CJEU”) decisions and case law concerning remedies against online piracy, starting from the results of a questionnaire submitted to international experts from relevant institutions, universities and law firms.

Reporting 52

Reporting Publishing Intellectual Property Intellectual Property Law 52

Kluwer Copyright Blog

APRIL 18, 2024

There is a significant push at this week’s meetings of the World Intellectual Property Organization (WIPO) Standing Committee on Copyright and Related Rights to approve a Diplomatic Conference on a Broadcasting Organizations Treaty that is not strictly limited to combating unlawful interception of traditional broadcast signals.

Public Domain 62

Public Domain Contracts Copyright Licensing 62

Biswajit Sarkar Copyright Blog

AUGUST 12, 2022

The legal doctrines involved are closely related to copyrights and related rights systems. Their protection through laws, creates private rights over them as well as incentivises the continuation of their production. Why is their protection important? Consequently, it has asked Shein to explain the use.

Intellectual Property 52

Intellectual Property Public Domain Music IP 52

Kluwer Copyright Blog

MARCH 14, 2022

On behalf of the University of Nottingham Commercial Law Centre (UNCLC) , we submitted a response to the consultation that addressed the three areas of potential legislative change. A third alternative: the related rights approach. The existing UK protection for computer-generated works.

IP 59

IP Public Domain Copyright Intellectual Property 59

IP Whiteboard

OCTOBER 15, 2020

The consultation covers five key areas of IP – patents, copyright, designs, trade marks and trade secrets. A key question is whether patent law should allow AI to be identified as the sole or joint inventor, and if not, whether this will discourage future inventions being protected by patent (and instead, being kept confidential).

IP 40

IP Intellectual Property Invention Copyright 40

IP and Legal Filings

SEPTEMBER 28, 2021

Thus, the COVID 19 pandemic has underlined the importance of waiving patents and other IP-related rights linked to healthcare products, vaccines, and scientific processes to ensure the accessibility of the same on a global level. Image Source:gettyimages]. Highlights of the WTO TRIPS waiver proposed by South Africa and India.

IP 52

IP Related Rights Patent Technology 52

Kluwer Copyright Blog

DECEMBER 14, 2022

And while the legislative inspiration for the Repair Exception is not entirely clear, all signs point to §56 of Germany’s Act on Copyright and Related Rights (UrhG) and date back to 1965. Internet Law: A Concise Guide to Regulation Around the World. by Alexander Puutio. € by Edward J.

Copyright 102

Copyright Cease and Desist Fair Use Publishing 102

Patently-O

FEBRUARY 17, 2023

The following guest post comes from Berkeley Law Professor Peter S. Professor Elizabeth Rowe litigated trade secrets cases before entering academia, where she has published numerous trade secret articles and co-authored the first trade secret law casebook. The following is an introduction and request for comments. – D.C.

Litigation 105

Litigation Intellectual Property Business Government 105

The IPKat

MAY 22, 2023

The use of AI technology to generate images or music and other creative works, has legal implications for copyright and related rights of creators and rightsholders. As the creative industry is responsible for 6% of the UK’s GDP, the dialogue is particularly important with regards to the protection of the rights of the creatives.

Music 82

Music Intellectual Property Copyright Technology 82

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 59

Copyright Law Law Copyright Publishing 59

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

Kluwer Copyright Blog

AUGUST 18, 2021

Fast forward and see: The Database directive stands unchanged and there is still no clear evidence that the then-new intellectual property right is an effective instrument. because there is no public access regime that applies, or because third parties own intellectual property rights. and not charging fees for re-use.

Government 55

Government Database Right Intellectual Property Copyright 55

The IPKat

DECEMBER 17, 2021

In May , a High Court in South Africa delivered judgment in Bliss Brands (Pty) Ltd v Advertising Regulatory Board NPC & Others , on the issue of the extent of the powers of the Advertising Regulatory Board (‘ARB’) in matters relating to trade mark and copyright laws. This Katpost discussed the case in fuller detail.

Trademark 96

Trademark IP Registering Trademarks Branding 96

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 102

Copying Copyright Law Copyright Social Media 102

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. However, Art. 15 and 17 CDSM Directive. 2-x Copyright Code.

Art 102

Art Contracts Publishing Licensing 102

The IPKat

FEBRUARY 3, 2023

The current generation of AI image generation tools such as Stable Diffusion , Midjourney and DALL·E 2 are designed to take a text description or prompt from a user and generate an image that matches the prompt. the sole purpose of which is to enable… a lawful use of the work; and 5. What is AI image generation software?

Litigation 143

Litigation Copying Copyright Designs 143

azrights

AUGUST 11, 2022

From a copyright law perspective, the initial use of copyright works by the platform for machine learning is infringing unless the platform used licensed or out-of-copyright works or could rely on a copyright defence, such as use for research purposes. Section 178 Copyright Designs and Patents Act 1988 (CDPA) introduced this law in 1980s.

Copyright 97

Copyright Due Diligence Designs Design 97

The IPKat

JANUARY 21, 2022

This is a review of Performer's Rights by the Rt Hon Sir Richard Arnold, Judge of the Court of Appeal of England and Wales. The book covers the rights of performers, particularly the rights conferred under Part II of the Copyright, Designs and Patents Act 1988 (as amended). Actors, dancers, musicians and singers, yes.

Moral Rights 128

Moral Rights Contracts Editing Related Rights 128

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

IPilogue

JULY 8, 2021

On 19 April 2019, the European Parliament and Council adopted the Directive on copyright and related rights in the Digital Single Market. June 7, 2021 was the deadline for the member states to enact their national laws in accordance with the Directive. Candidate at University of British Columbia. .

Copyright 106

Copyright Copyright Law Due Diligence Law 106