IIPRD

NOVEMBER 23, 2022

Recent advances in the technical field of quantum technologies have not only experienced high amount of attention in information science and software engineering disciplines but also gained a wide interest of government due to its complexity and global significance. What kinds of IP related rights would apply to quantum computing technology?

Intellectual Property 52

Intellectual Property Technology Intellectual Property Law Public Domain 52

Kluwer Copyright Blog

MAY 1, 2024

The Dutch Supreme Court seeks clarity on whether EU law mandates copyright limitation through reciprocity, especially concerning non-EU right holders. In EU law, the Design Directive and Regulation govern the relationship between copyright and design protection for works of applied art.

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Copyright Art Designs Design 67

Kashishipr

NOVEMBER 10, 2021

Where it is known as compulsory licensing in reference to patents, it is known as statutory licenses in reference to copyright and related rights. Lastly, Article 7 allows space for elaboration by stating that the use of IPRs should be in a manner conducive to social and economic welfare and to balance rights and obligations.

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Licensing Invention Intellectual Property Marketing 105

Kluwer Copyright Blog

FEBRUARY 12, 2023

One of its main purposes is to set common minimum requirements regarding the governance, financial management, transparency and reporting of the CMO themselves (for an earlier analysis, see here ). The CRM Directive aims inter alia at strengthening the protection of the interests of members of CMOs, rightholders and third parties.

Copyright 67

Copyright Law Marketing Marketing 67

LexBlog IP

OCTOBER 13, 2021

Also, article 18(3) of Law 4481/2017 states as follows: Management fees of the collective management organisation shall not exceed the justified and documented costs in managing copyright and related rights. Management fees should not exceed, on average, 20% of the gross rights revenue of the collective management organisation.

Related Rights 98

Related Rights Licensing Law Copyright 98

IP and Legal Filings

NOVEMBER 30, 2022

By integrating 16 nations’ markets, the Regional Comprehensive Economic Partnership (RCEP) aspires to make it simpler for each nation’s goods and services to be available throughout the region. The government’s free and open economic and trade policies have been a major contributor to the growth of the Cambodian economy.

Intellectual Property 68

Intellectual Property Marketing Marketing IP 68

Kluwer Copyright Blog

NOVEMBER 28, 2022

Some consider that the Government was influenced by the French union of book publishers Syndicat National de l’Edition – SNE when it decided to leave out the term ‘appropriate’ when transposing the principle of ‘ appropriate and proportionate remuneration ’ of articles 18 and 20 of the CDSM.

Contracts 96

Contracts Intellectual Property Cinema Copying 96

Kluwer Copyright Blog

DECEMBER 26, 2021

This seems to have pushed EU Member States towards compliance – the latest examples here are the Irish European Union (Copyright and Related Rights in the Digital Single Market) Regulations 2021 (19 November), the Italian Decree (published on 27 November), and the Estonian Act implementing the Directive (8 December).

Copyright Law 116

Copyright Law Copyright Law Reporting 116

Kluwer Copyright Blog

JUNE 27, 2023

In addition to significantly changing the Portuguese Copyright Code , the Decree-Law also affects Law 26/2015 on collective management organizations and Decree-Law 122/2000 on databases, and creates a new dispute resolution mechanism called “specialized institutionalized arbitration and mediation in matters of copyright and related rights”.

Art 103

Art Contracts Publishing Licensing 103

Kluwer Copyright Blog

FEBRUARY 2, 2023

There is uncertainty over how much selection and refinement is needed to produce the best work (see examples of selection, refinement and reworking here and here ) and getting the right prompt is challenging enough to have created a market for effective prompts.

Copyright 145

Copyright Art Fair Use Registration 145

Kluwer Copyright Blog

APRIL 21, 2023

2021-580 of 12 May 2021 (‘transposition Order’) of the French Government implements articles 2(6) and 17 to 23 of the EU Directive 2019/790 on copyright and related rights in the Digital Single Market (‘CDSM’). Image by Pexels from Pixabay Order no.

Contracts 56

Contracts Intellectual Property Music Cinema 56

Kluwer Copyright Blog

DECEMBER 1, 2021

In a 2020 consultation , the government sought to broadly understand the implications of AI for IP. That call concerned patents, copyright and related rights, designs, trade marks and trade secrets. This is not the first time the UKIPO has engaged with a public call for views on the topic of AI and IP.

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IP Inventor Invention Intellectual Property 70

Kluwer Copyright Blog

JANUARY 9, 2023

The proposal is the second major element of the European Data Strategy presented in 2020 and complements the Data Governance Act that is expected to be formally adopted this spring. [T]he European Commission published its proposal for a Data Act. Part II is available here.

Copyright 95

Copyright Blogging Fair Use Reporting 95

Kluwer Copyright Blog

NOVEMBER 11, 2021

Indeed, the Spanish transposition of the CDSM Directive , which was approved overnight by means of a Government Decree published on the 3 rd of November and which entered into force the following day, came with some surprises, including an apparent carve out from the liability exemption granted in Art. 17(4) of the CDSMD.

Art 116

Art Law Intellectual Property Intellectual Property Law 116

Kluwer Copyright Blog

JUNE 19, 2023

However, de facto they merely owned proof of ownership without any proprietary value, as all copyright and any related rights were retained and not granted upon purchase. Copyright that is transferred upon selling an NFT may explicitly be outlined in the self-executing smart contract governing the sale.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

The IPKat

JUNE 26, 2022

Government who will present and discuss subjects having significant importance for SMEs and being of major priority for policymakers on both sides of the Atlantic. Its massive use brings legal consequences for classic IP rights and offers real challenges in particular to trade marks, copyright and related rights and patents.

Intellectual Property 117

Intellectual Property IP Registration Copyright 117

Kluwer Copyright Blog

MAY 18, 2022

Thus, to circumvent the costly, and at times politically sensitive, task of regulating conduct online, governments rather encouraged private actors themselves to structure, implement and enforce their own sets of rules and procedures preventing illegal conduct. Conclusion.

Copyright 52

Copyright Marketing Marketing Law 52

The IPKat

MAY 22, 2022

This is because the National Archives has today taken over responsibility for the external publication of court judgments, creating the first publicly accessible government database of judgments.

Intellectual Property 83

Intellectual Property Intellectual Property Law IP Registration 83

Kluwer Copyright Blog

JULY 20, 2021

In its long-awaited Opinion on an action brought by Poland to annul certain parts of Article 17 of the Directive on copyright and related rights in the Digital Single Market (CDSM Directive), Advocate General (AG) Saugmandsgaard Øe demarcates the borders of permitted filtering of users’ uploads.

Copyright 103

Copyright Settlement Government Copyright Infringement 103

The IPKat

FEBRUARY 3, 2023

While the Irish Copyright and Related Rights Act includes a similar provision concerning the authorship of computer-generated works, Irish academics have noted this provision may be inconsistent with the EU acquis.

Litigation 143

Litigation Copying Copyright Designs 143

Selvam & Selvam Blog

SEPTEMBER 7, 2023

It is divided into three parts: Part I discusses the origin and statutory provisions governing well-known trademarks in India; Part II analyzes the benefits of gaining a well-known trademark status for businesses; Part III details out the procedure for seeking a well-known trademark status, and Part IV concludes the article.

Trademark 52

Trademark Registration Intellectual Property Business 52

Kluwer Copyright Blog

FEBRUARY 9, 2022

Member States, of course, have their own tradition with collective management (as amply demonstrated in the rich 2021 Study on emerging issues on collective licensing practices ), which they have adopted as a mandatory tool for exercising the rights of authors and other right holders in a wide variety of situations (as acknowledged under rec.

Copyright 52

Copyright Licensing Art Publishing 52

Kluwer Copyright Blog

NOVEMBER 23, 2023

Of the respondents, only Google explicitly positions its opt-out protocol as an implementation of Article 4(3) of the CDSM Directive: Google-Extended is an example of an approach that complies with the European Union Digital Single Market Copyright Directive, and specifically Article 4’s reference to machine-readable opt-out tools.

Copyright 98

Copyright Fair Use Publishing Reporting 98

The IPKat

SEPTEMBER 4, 2022

The main role of the incumbent is to provide assistance to Member States in drafting and updating their national legislation and adhering to and implementing the WIPO copyright and related rights treaties, and to conduct legal research and draft legal documents related to legislative assistance and treaty adherence and implementation.

Intellectual Property 85

Intellectual Property Registration IP Patent Drafting 85

Kluwer Copyright Blog

JANUARY 25, 2022

Especially in times of change, they serve as guiding principles for citizens, governments and, if push comes to shove, the judiciary. It introduced new roles for actors who constitute the infrastructure of the internet and entrusted them with tasks that directly affect the fundamental rights of users online.

Copyright 60

Copyright Intellectual Property Copyright Law Law 60

IP Whiteboard

OCTOBER 15, 2020

For instance, the traditional principles behind patents (being exclusive rights granted on a temporary basis in exchange for making the details of an invention publicly available), and the usual grounds for establishing infringement of a patent, may not apply where an AI retains these details in a ‘black box’. Copyright and related rights.

IP 40

IP Intellectual Property Invention Copyright 40

Kluwer Copyright Blog

NOVEMBER 20, 2022

According to article 107 CCH “ The Ministry, the Regions and other territorial government bodies may permit the reproduction as well as the instrumental and temporary use of the cultural properties committed to their care, without prejudice to the provisions in paragraph 2 and those with regard to copyright”.

Artwork 56

Artwork Public Domain Art Copyright 56

Kluwer Copyright Blog

JUNE 6, 2022

With its ruling in Poland v Commission ( C-401/19 ) on 26 April 2022 the Court of Justice of the European Union (CJEU) dismissed an action to annul Article 17 of Directive (EU) 790/2019 on copyright and related Rights in the Digital Single Market (CDSM Directive).

Copyright 56

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