Technology & Marketing Law Blog

JANUARY 24, 2024

This is the latest entry in a long-running legal battle between Hayley Paige Gutman, a bridalwear designer, and JLM Couture, her one-time employer. ” Instead, the “Disputed Accounts should be treated in the first instance like any other form of property. This includes determining the original owner.”

Social Media 79

Social Media Ownership Designs Design 79

SpicyIP

MARCH 28, 2022

News and Views: Copyright Hues and Authors’ Dues. Further, such a route may only benefit large news publishers who can claim their share of compensation while ignoring other significant stakeholders such as authors / journalists. And history may be repeating itself, in some form, for authors. Aparajita Lath.

Copyright 105

Copyright Publishing Music Contracts 105

Trading Secrets

JANUARY 5, 2023

Earlier today, the Federal Trade Commission (“FTC”) published a proposed rule which would ban all non-compete agreements between employers and “workers” (broadly defined to include employees, independent contractors, interns, and others). If adopted, the proposed rule will bar both prospective and existing non-compete agreements.

Intellectual Property 98

Intellectual Property Business Publishing Editing 98

Trading Secrets

JANUARY 5, 2023

Earlier today, the Federal Trade Commission (“FTC”) published a proposed rule which would ban all non-compete agreements between employers and “workers” (broadly defined to include employees, independent contractors, interns, and others). If adopted, the proposed rule will bar both prospective and existing non-compete agreements.

Intellectual Property 98

Intellectual Property Business Publishing Editing 98

LexBlog IP

JANUARY 7, 2024

Introduction The General Pension and Social Security Authority (GPSSA) recently introduced a significant change in the pension landscape through Federal Decree-Law No. An individual becomes entitled to the pension from the day following the termination of employment, extending until their death. Under Federal Decree-Law No.

Law 52

Law Government Registration Intellectual Property 52

Trading Secrets

FEBRUARY 28, 2024

The last decade or so has seen significant limitations on such agreements—mainly non-competes, but also other restrictive covenants such as customer and employee non-solicits and even non-disclosure agreements. 951 would amend the 2019 law to ban all non-competes in the employment context. Finally, H.P. Finally, H.P.

Business 59

Business Law Blogging Government 59

IP and Legal Filings

AUGUST 25, 2023

One of these solutions is enabling start-ups that satisfy specific criteria to be exempt from some employment restrictions for up to three years. Some of them survived, while others perished. The Indian government has announced steps to make it simpler for start-ups in the nation to comply.

Law 72

Law Contracts Business Government 72

SpicyIP

MAY 3, 2023

Image from here [This guest post has been authored by Karishma Karthik. Views expressed here are those of the author’s.] are typically objected to on the grounds of personality rights (publicity rights, celebrity rights, by other names), privacy and (to a limited extent) defamation.

Moral Rights 114

Moral Rights Personality Rights Copyright Privacy 114

LexBlog IP

SEPTEMBER 19, 2023

For that reason, and because the broader non-compete landscape has shifted, employers might consider revisiting their restrictive covenants practices to mitigate risk. The Region appears to be building their argument that post-employment restrictive covenants somehow implicate Section 7 rights.

Confidentiality 52

Confidentiality Litigation Law Business 52

LexBlog IP

FEBRUARY 28, 2024

The last decade or so has seen significant limitations on such agreements—mainly non-competes, but also other restrictive covenants such as customer and employee non-solicits and even non-disclosure agreements. 951 would amend the 2019 law to ban all non-competes in the employment context. Finally, H.P. Finally, H.P.

Business 52

Business Law Blogging Government 52

LexBlog IP

OCTOBER 30, 2023

The UAE’s labour laws play a crucial role in regulating employment relationships, ensuring employee well-being, and promoting a respectful, safe, and cooperative work environment. 33/2021, provide a comprehensive legal framework for employment relationships in the country. 1 of 2022.

Settlement 52

Settlement Law Reporting Intellectual Property 52

Trading Secrets

SEPTEMBER 19, 2023

For that reason, and because the broader non-compete landscape has shifted, employers might consider revisiting their restrictive covenants practices to mitigate risk. The Region appears to be building their argument that post-employment restrictive covenants somehow implicate Section 7 rights.

Confidentiality 52

Confidentiality Litigation Law Business 52

LexBlog IP

FEBRUARY 16, 2024

This blog has been cross-posted on Seyfarth’s California Peculiarities Employment Law blog. If a worker is an employee, the business must report the worker’s earnings to the Employment Development Department ( EDD ) and must pay employment taxes on those wages.

Social Media 52

Social Media Intellectual Property Contracts Branding 52

Nelligan Law

DECEMBER 9, 2021

The sick day program requires employers to give all of their employees up to 3 paid days off for a range of reasons related to the pandemic. self-isolate due to COVID-19 (under direction from an employer, medical practitioner, or other authority). The extension to this program was confirmed on Tuesday, December 7 th.

Government 81

Government Law Blogging 81

Intepat

JUNE 15, 2023

This not only aims to prevent others from infringing their IP rights but also ensures that unauthorized individuals do not profit from their hard work. This protection extends to unauthorized reproduction, adaptation, and distribution, among other activities.

Copyright 52

Copyright Intellectual Property Ownership Intellectual Property Law 52

Nelligan Law

AUGUST 8, 2022

It may be a common belief that what you create is your own work and intellectual property (IP), but if you have a day job there is the possibility that your employer could lay claim to the intellectual property flowing from your outside endeavors. The Copyright Act and The Industrial Design Act both touch on the topic of employment and IP.

Intellectual Property 74

Intellectual Property Invention Ownership Contracts 74

Trading Secrets

DECEMBER 27, 2023

As we reported most recently here , New York was set to join a number of states that prohibit non-compete clauses in employment agreements. Around the same time, a revised bill, which did include income thresholds and other exceptions to the ban, was circulating in the State Senate for possible consideration as a compromise approach.

Reporting 69

Reporting Business 69

LexBlog IP

APRIL 25, 2023

The California legislature is considering new legislation that proposes, among other things, penalties for an employer’s use of restrictive covenants as well as for attorneys who assist with their enforcement.

Ownership 52

Ownership Contracts Business Law 52

IP and Legal Filings

DECEMBER 15, 2021

The employers must be very clear when it comes to regulating the same and for this, it becomes imperative to understand the overview of two federal laws in the US. The DTSA helps the employer to protect against the misappropriation of trade secret information. There have been multiple interpretations of the “authorized access” clause.

Confidentiality 52

Confidentiality Contracts Business Law 52

Trading Secrets

APRIL 25, 2023

The California legislature is considering new legislation that proposes, among other things, penalties for an employer’s use of restrictive covenants as well as for attorneys who assist with their enforcement.

Ownership 52

Ownership Contracts Business Law 52

SpicyIP

FEBRUARY 8, 2024

Views expressed are solely of the authors and there is no other professional conflict of interest. This piece analyses the form and substance of the TM Amendment Rules from the standpoint of plain drafting and other allied principles which go beyond plain language but extend to the substance of laws and delegated legislation.

Publishing 104

Publishing Law Business Government 104

Intellectual Property Law Blog

MAY 2, 2023

Some of these issues are specific to doing business with the government and others are broader issues that all companies face when using AI, and generative AI (GAI) in particular. Equal Employment Opportunity Commission (EEOC) released a joint statement on “Enforcement Efforts Against Discrimination and Bias in Automated Systems.”

Government 237

Government Business Licensing Copyright 237

The IPKat

OCTOBER 25, 2023

17 of the Charter of Fundamental Rights of the European Union , as well as several other acts. According to ONB musicians, such an interpretation would entail discrimination of statutory performers, as opposed to performers with ordinary employment contracts. As such, it would be contrary to EU copyright directives.

Related Rights 130

Related Rights Art Journalism Government 130

SpicyIP

FEBRUARY 12, 2024

are the primary sources of employment for these artists, making royalties their primary source of income. Though not directly tied in, the gig nature of employment would presumably result in popular artists and composers being employed more often than the relatively lesser-known ones.

Music 105

Music Publishing Reporting Government 105

IPilogue

MAY 18, 2022

Causing just as much controversy is whether AI can be an author. These are questions that the Canadian Intellectual Property Office (CIPO) has been grappling with along with its counterparts in other jurisdictions (as others have previously written on here and here ). an author’s employer or publisher).

Business 119

Business Copyright Intellectual Property Ownership 119

Trading Secrets

JUNE 5, 2023

While the General Counsel seems intent on creating penumbra Section 7 rights that remain after employment ends, that position exists only in theory at this point. Section 8, in turn, makes it an unfair labor practice for an employer “to interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in” Section 7.

Litigation 59

Litigation Law 59

The IPKat

SEPTEMBER 22, 2023

The beauty of this book is that the authors have taken all the above into consideration and have presented this book with deliberate simplicity and yet deep in scope and analytical preponderance. Part One: In this introductory part, the authors carefully laid out definitions and conceptual clarifications of the subject matter of IP.

Intellectual Property Law 80

Intellectual Property Law Intellectual Property Law Registration 80

LexBlog IP

FEBRUARY 26, 2024

Eligibility and Requirements: To apply for the remote work visa, applicants must meet specific criteria, which include providing proof of remote employment with an organization outside the UAE and having a monthly income of at least USD 3,500 or its equivalent in another currency.

Ownership 52

Ownership Contracts Intellectual Property 52

Dear Rich IP Blog

SEPTEMBER 21, 2020

Dear Rich, I wrote a book as part of my employment. While others did provide input, no one else actually wrote any of the content. My employer is requiring that they be listed as the second author. If you wrote the book as part of your employment duties, the employer owns the copyright as a work made for hire.

Copyright 52

Copyright Registration 52

Olartemoure Blog

MARCH 16, 2022

It is to be mentioned that many products fall in different regulatory categories than those whereby they were registered in the country of origin, sometimes requiring additional technical documentation for its sanitary registration (Marketing Authorization-MA). Sentence 2004-00883 of June 7, 2018. María Alejandra Pava Trademarks Director.

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Registration Branding Brands Branding 98

Patently-O

AUGUST 2, 2021

The Federal Circuit has decided an important employment agreement case. However, UM argued that it owned the patents based upon his employment agreement; that it had expended some ongoing funds; and that Islam had bounced ideas off of some of the faculty members. employment. employment. employment. Omni MedSci v.

Patent 99

Patent Contracts Inventor Ownership 99

Kluwer Copyright Blog

SEPTEMBER 24, 2023

But this time, ‘Sleeping Beauty’ turned to ‘Snow White and the seven dwarves’, since the Greek legislator opted for a manifold approach regarding the implementation of the public lending right, introducing for some categories of rightsholders an exclusive right and for some others a right to remuneration.

Copyright Law 117

Copyright Law Law Music Publishing 117

IP and Legal Filings

FEBRUARY 1, 2023

and Others. Image Sources : Shutterstock] According to the Employees’ Pension Scheme, 1995 and the Employees’ Provident Fund and Miscellaneous Provisions Act, 1952, 8.33% of the 12% contribution provided by employers under the EPF Act is redirected to the pension fund. Gupta & Others v. Sunil Kumar B.

Government 82

Government Blogging IP 82

The IPKat

MARCH 7, 2024

Marking the 16th volume in the p®opriété intelle©tuelle - intelle©tual p®operty collection, this book features contributions by seven authors. Jacques de Werra (University of Geneva). In “Does Intellectual Property Promote or Hinder Sustainability? Despite having a solely U.S.-centred

Intellectual Property 57

Intellectual Property False Advertising Editing Settlement 57

Trading Secrets

OCTOBER 18, 2023

The new law makes it unlawful to include a noncompete clause in an employment contract, or to require an employee to enter a noncompete agreement, that does not satisfy specified exceptions. The bill would state that this provision is declaratory of existing law. b) (1) This section shall be read broadly, in accordance with Edwards v.

Law 59

Law Contracts Business Confidentiality 59

LexBlog IP

MAY 9, 2022

.” Although employee mobility can be a great opportunity for both employees and prospective employers, employers hiring new employees should always beware of potential problems such as restrictive covenants, which may follow an employee to a new job. ” Restatement (Second) of Contracts § 7 cmt.

Contracts 52

Contracts Law Marketing Marketing 52

Nelligan Law

JANUARY 6, 2022

Short-term disability provides higher income replacement than other options and is potentially accessible multiple times in a year, depending on the specific policy. Obtaining short-term disability benefits also requires employees to go through their insurance company as opposed to dealing with their employer directly.

Government 84

Government Copying Reporting Law 84