Thu.Nov 23, 2023

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As Creator’s Rights Face New Challenges, Canada Needs to Keep Pace with International Developments

Hugh Stephens Blog

Image by Greg Altmann/Pixabay This blog post appeared first in Open Canada, the journal of the Canadian International Council, on November 20, 2023.

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Canadian Government Quietly Backs Down on its Implementation Plans for a Digital Services Tax

Michael Geist

The federal government has quietly backed down from its plans to implement a new digital services tax as of January 2024 that the Parliamentary Budget Officer estimated would generate billions in revenue. It did not make the headlines or receive much promotion, but after months of insisting that a digital services tax would take effect in Canada in January 2024, the government has now removed that implementation deadline in the Fall Economic Statement.

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Limitation period for copyright infringement actions in France

The IPKat

This Kat always eagerly awaits decisions from the French Cour de Cassation, so he was delighted to find out about an important recent decision on copyright (Cour de cassation, 1st Civil Chamber, 15 November 2023, n° 22-23.266). The judgment focuses on a procedural aspect, namely the limitation period for an action for copyright infringement. "The Horses Fountain" Facts In 1985, Frédéric Jaeger, artist, sculptor, and painter, was commissioned by Yves Bienaimé, founder of the Museum of the Living

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AimJunkies Maintain That Cheating is Legal, Appeals Bungie’s $4.3 Million Arbitration Award

TorrentFreak

Two years ago, Bungie filed a complaint at a federal court in Seattle, accusing AimJunkies.com of copyright and trademark infringement, among other things. The same accusations were also made against Phoenix Digital Group, the operating company behind the website, and third-party developer James May. AimJunkies denied the claims and argued that cheating isn’t against the law.

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Software Composition Analysis: The New Armor for Your Cybersecurity

Speaker: Blackberry, OSS Consultants, & Revenera

Software is complex, which makes threats to the software supply chain more real every day. 64% of organizations have been impacted by a software supply chain attack and 60% of data breaches are due to unpatched software vulnerabilities. In the U.S. alone, cyber losses totaled $10.3 billion in 2022. All of these stats beg the question, “Do you know what’s in your software?

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“DUMB STARBUCKS”: Grasping at laws.

Likelihood of Confusion

Your blawger, he is conflicted. Part of me does not want to give the—ahem—geniuses behind the DUMB STARBUCKS stunt any more press, but the rest of me feels that you, The post “DUMB STARBUCKS”: Grasping at laws. appeared first on LIKELIHOOD OF CONFUSION™.

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Publicity Rights Concerning Sports Athletes

IP and Legal Filings

Introduction There is no exact legislation in India concerning regulating the publicity rights of a sports athlete. Through various proceedings from the Court of law, Publicity rights are inherent in Articles 19 and 21 of the Constitution of India. [i] In principle, the Delhi High Court has recognized publicity rights in the case of ICC Development (International) Ltd v Arvee Enterprises (2003).

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Blood Money:  BMI’s Mushy Press Release Buries The Lede on Google “Investment”

The Trichordist

BMI takes blood money from Google to sell itself. We know what you are, we’re just haggling about the price.

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Never Too Late: If you missed the IPKat last week!

The IPKat

Below, you’ll find a weekly summary of what happened on the IPKat recently, while competent authorities were busy handing down interesting decisions in IP-related cases. Image: shutterstock.com Trade marks Kevin Bercimuelle-Chamot reviewed a recent decision of the EUIPO’s First Board of Appeal concerning an opposition to the registration as an EU word mark of “miababy”, grounded on its alleged confusing similarity with the earlier trade mark "ia BABY interapothek”.

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Naming Trends Within a Crowded Trademark Landscape

Corsearch

Popular trends in fashion, pharmaceuticals and health, technology, entertainment, and society are often drivers in the words found in trademark registrations. With increasing name saturation, finding a unique trademark is becoming a more difficult task in many industries – and this is in turn fueling likelihood of confusion. Read on as we explore recent trademark trends and discuss how you can find the ‘perfect’ trademark using AI-assisted and expert-led solutions.

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In or out? The perils of picking IP counsel

Managing IP

Three lead IP counsel in the US, the UK and China share how they walk the fine line between building in-house competence and splurging on external lawyers

IP 59
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IPO Diversity in Innovation Toolkit

Women and diverse employees have the technical skill and knowledge, yet their contributions are not patented at the same rate as those of their male counterparts.This toolkit can help organizations move the needle on achieving gender parity in innovation.

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Whitney Houston Tribute Act Must Quit Stage, Say TM Owner

IP Law 360

The owner of the "Whitney Houston" trademark has hit out at an events organizer who runs tribute shows of the world-famous singer, alleging he sought to unfairly "ride on the coat-tails" of her name.

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Generative AI and copyright: Convergence of opt-outs?

Kluwer Copyright Blog

Machine readable opt-outs from TDM As we head into the last month of the current EU legislative term, there are increasing signs that EU lawmakers are unable to agree on the AI Act , which was supposed to be one of the crowning digital policy achievements of Ursula von der Leyen’s Commission. Recent media reports suggest that the Parliament and Member States remain at loggerheads over how and (if) the law should regulate so-called foundation models.