IP Whiteboard

OCTOBER 15, 2020

The consultation covers five key areas of IP – patents, copyright, designs, trade marks and trade secrets. Copyright and related rights. for training AI) or increased facilitation of licensing. IP Australia has released various publications relating to AI, including in its 2020 IP Report.

IP 40

IP Intellectual Property Invention Copyright 40

Kluwer Copyright Blog

AUGUST 18, 2021

The Database Directive and Open data directive have a shared history, going back to the late 1980s when the European Commission first got serious about copyright in the internal market ( Van Eechoud 2021). So effectively, the 2013 directive already curtailed public sector bodies’ copyright and sui generis rights in data.

Government 55

Government Database Right Intellectual Property Copyright 55

Kluwer Copyright Blog

JUNE 27, 2023

Generally speaking, the approved transposition follows the text of the Directive rather closely, similarly to other delayed implementations such as the Irish one , without embracing a more “creative” legislative design, as has been the case for instance in Germany and Greece. 19 CDSM Directive. º-B and 74.º-D º-D of the 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. What is AI image generation software?

Litigation 143

Litigation Copying Copyright Designs 143

SpicyIP

MARCH 15, 2022

This blog examines how press publishers have claimed rights over their content on digital media platforms like Facebook, Google News, which give a preview of two-three lines along with a hyperlink to the press publication. The EU took the Intellectual Property route by introducing a related right under its copy right law.

Publishing 105

Publishing Marketing Marketing Advertising 105

LexBlog IP

JUNE 28, 2023

The term includes, according to the decision, all forms of marketing of the copy of the computer program that include a right of time-limited use for a price. Such usage aims to provide to the rights holder the possibility of receiving remuneration corresponding to the economic value of the copy in question. (4) 2916/2022. (2)

Copying 52

Copying Copyright Law Copyright Editing 52

Kluwer Copyright Blog

MAY 11, 2023

The relevant act, seeking to bring Ireland in line with the Directive, is the Statutory Instrument 567/2021 ‘European Union (Copyright and Related Rights in the Digital Single Market) Regulations 2021’ (hereinafter ‘ the Regulations’ ). The Irish legislative transposition finally became law on 19 November 2021. Section 53A).

Copying 102

Copying Copyright Law Copyright Social Media 102

The IPKat

SEPTEMBER 4, 2022

EUI - Florence Patent Licensing Academy - 3 to 6 October 2022 - Florence, Italy and online The Florence Patent Licensing Academy is organised by the Florence Competition Programme and the Florence School of Regulation – Communications and Media of the European University Institute. For more information and to register, click here.

Intellectual Property 85

Intellectual Property Registration IP Patent Drafting 85

The IPKat

OCTOBER 4, 2022

its pattern, trade mark or design) to determine whether it is genuine or counterfeit. This issue has also raised the question of how to strike the right balance between the respective interests and rights of intellectual property owners on the one hand and amateur creators, users and content sharing services on the other.

Technology 117

Technology Publishing Social Media Intellectual Property 117

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. CJEU case law has designated criteria for several exceptions; however, the criteria have no clear and decided definitions. Tugce Kucukali is an IPilogue Writer and incoming LL.M.

Copyright 106

Copyright Copyright Law Due Diligence Law 106

Kluwer Copyright Blog

FEBRUARY 9, 2022

Exceptionally, copyright accommodates other forms of licensing that restrict the author’s individual exercise of rights. For instance, in the 2019 copyright reform, the European legislator used the mechanism of mandatory collective management of the retransmission right (art. 12 DSM Directive). 12 DSM Directive).

Copyright 52

Copyright Licensing Art Publishing 52

Kluwer Copyright Blog

MARCH 21, 2023

The ‘practical difficulties’ that the Commission acknowledges in its conclusions, which in our view stem from the regime designed in the OWD rather than the Member States’ implementation or practices, will continue to exist. The Directive will therefore continue to exist as it is, with no changes to its scope or its system.

Copyright 102

Copyright Marketing Marketing Licensing 102

Kluwer Copyright Blog

NOVEMBER 24, 2021

According to the BGH, the specific design of the cards and consoles manufactured by the plaintiff constituted effective technical measures within the meaning of Section 95a (2) and (3) No. According to the BGH, appropriate meant what a sensible licensor would have demanded when granting rights and what a sensible licensee would have accepted.

Contracts 98

Contracts Copyright Law Cease and Desist 98