Kluwer Copyright Blog

JUNE 18, 2021

With the Beijing Treaty, any performance of literary or artistic works or expression of folklore is covered by intellectual property, independently from its nature or medium, including both fixed and unfixed works (live performances), acknowledging the creative activity of these performers in the same way as with regard to musicians and authors.

Related Rights 97

Related Rights Moral Rights Contracts Intellectual Property 97

Olartemoure Blog

MAY 13, 2022

12/05/22 – Trademarks. The Colombian government has notified the World Intellectual Property Organization ( WIPO ) a declaration modifying the amounts of individual fee to be paid regarding Colombia according to Article 8.7 La entrada OM Weekly Digest 12/05/22 se publicó primero en OlarteMoure | Intellectual Property.

Non-Fungible Tokens 52

Non-Fungible Tokens Intellectual Property Moral Rights Contracts 52

43(B)log

JUNE 26, 2023

It excluded knowing violation of the rights of another, and injury “arising out of the infringement of copyright, patent, trademark, trade secret or other intellectual property rights. But it is generally known as the “right of publicity” as evolved from the right of privacy.

Advertising 72

Advertising Advertising False Advertising Intellectual Property 72

LexBlog IP

AUGUST 30, 2023

1) He made this request on grounds including trademark law and unfair competition law. Articles 4(1) and (3) concern the individual powers of the author on moral rights and article 12(2) concerns the transfer of intellectual rights (property and moral). dishes and seasonings) as works of IP. (1)

Intellectual Property 52

Intellectual Property Moral Rights Related Rights Art 52

The IPKat

JULY 21, 2023

The communication clarifies that this toolbox is intended to provide rightsholders with guidance and recommendations on how to enforce their rights in both offline and online environments. Intellectual Property The EC’s comments on each of the IP rights in virtual worlds are primarily found in the Staff Working Document.

Moral Rights 52

Moral Rights Copyright Infringement Designs Design 52

The IPKat

NOVEMBER 21, 2021

Global trademark and design applications boom in 2020! The World Intellectual Property Organization's (WIPO) annual WIPI report collects statistics as new indicators to inform the IP community, and The Fashion Law wrote an article about it. Is Europe running out of trade marks? The review is published in 4 different parts!

Blogging 73

Blogging IP Moral Rights Copyright 73

IP and Legal Filings

MARCH 1, 2022

Article 31 (1) of the United Nations Declaration on the Rights of Indigenous People confers several rights upon the indigenous people in terms of intellectual property which also includes protecting their Traditional Knowledge (TK), Cultural Expressions, medicine, and other practises. Protection of community’s IPR.

Intellectual Property 66

Intellectual Property Branding Brands Branding 66

IP and Legal Filings

MARCH 28, 2024

V RGV Film Factory” [4] , the court rules that a movie title’s eligibility for trademark protection depends on its acquisition of secondary meanings and uniqueness. [5] The shifting nature of cinematic intellectual property is shown by examples such as “Sholay Media and Entertainment v Parag M.

Cinema 77

Cinema Copyright Blogging Registration 77

IP and Legal Filings

APRIL 26, 2023

The Copyright Board initially sided with the authors, but this decision was later overturned by the court and the producers’ rights were confirmed by the Supreme Court in an appeal. 8] These provisions recognized the rights of directors. 106A [3] Marley C. 5] [link] [6] [link] [7] [link] [8] [link] [9] [link] [10] W. Cornish, D.

Copyright 52

Copyright Music Moral Rights Ownership 52

IP and Legal Filings

OCTOBER 11, 2022

One such avenue to safeguard such rights is through the way of Copyright and Trademark. PERSONALITY RIGHT. Personality Rights entail and protect the image, name, voice, or any part of the identity of a person from any commercial use. Image source: Shutterstock]. In the case of Gautam Gambhir.

Personality Rights 52

Personality Rights Artistic Work Trademark Copyright 52

JIPL Online

APRIL 9, 2021

iii] While intellectual property remedies are painfully slow, the internet is on the cutting-edge of fast paced communication. On one hand, those who view intellectual property rights as a limited monopoly would suggest that even derivative use of the content in a meme is infringement on the rights holder’s interest.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

IIPRD

JANUARY 29, 2023

1] However, this growth also brought an onslaught of new Intellectual Property (IP) issues. However, the conversation being considered as a contract between them was unclear regarding the IP rights. 14] Valentine Labaume, ‘The Protection of Fictional Characters under EU Intellectual Property Law’ (2021) 4(2) SIPLR 34, 44. [15]

IP 52

IP Artwork Contracts Intellectual Property 52

IP and Legal Filings

APRIL 19, 2023

Personality rights are divided into two categories: first, the right of publicity, which protects individuals from having their likeness or image used for commercial purposes without their consent or financial compensation. This right is similar to the use of a trademark but not the same.

Personality Rights 75

Personality Rights Privacy Moral Rights Copyright 75

SpicyIP

JULY 14, 2023

That’s right, because he focused more on patents — their ever-greening, their negative social impact — where facts are your primary weapons. Although clubbed under IP, copyright is a world away from patents and trademarks, and when you talk about history, facts need to be placed in their context and perspective. Let’s dive in.

Moral Rights 93

Moral Rights Publishing Copyright Music 93

IIPRD

JUNE 6, 2022

Intellectual Property Rights is a term that rarely requires explanation in modern times. The phrase Intellectual Property expresses the notion that its subject matter is the result of the intellect or mind. No statute or regulation in India specifically protects traditional knowledge as Intellectual Property.

Intellectual Property 40

Intellectual Property Invention Copyright Patent 40

The IPKat

MAY 29, 2023

This Kat is pleased to review the “ Overlapping Intellectual Property rights ”, edited by Neil Wilkof [full disclosure: a member of the IPKat team], Shamnad Basheer, and Irene Calboli (OUP, 2023, 864 pp.).

Intellectual Property 89

Intellectual Property Editing Privacy Moral Rights 89

Velocity of Content

MARCH 16, 2023

The UK was in the vanguard of creating a non-commercial research exception for TDM, and, as I wrote in the Scholarly Kitchen last July, the UK Intellectual Property Office recently mooted an expansion to commercial use. Almost as interesting is the trademark/Lanham Act claim. This will be hard to defend.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

LexBlog IP

DECEMBER 19, 2022

The first Italian judgment granting a preliminary injunction concerning NFTs (that were deemed to be infringing trademark rights, see our post here ) has been followed by another European judgment on the matter: at the end of October 2022, the Commercial Court of Barcelona issued a partial preliminary injunction, ordering the custody of the allegedly (..)

Copyright 52

Copyright Due Diligence Moral Rights Social Media 52

LexBlog IP

MAY 18, 2022

The protection of moral rights, including the rights of publication, authorship, alteration, and integrity, is perpetual. The term of protection in China is the life of the author plus 50 years for individual authors or 50 years from the first publication of the work for legal entities, unless otherwise provided.

Designs 52

Designs Design Copyright Artistic Work 52

Kluwer Copyright Blog

SEPTEMBER 1, 2021

113-2 paragraph 2 of the French Intellectual Property Code (“IPC”) defines a ‘composite work’ as ‘a new work in which a pre-existing work is incorporated without the collaboration of the author of the latter work’. The Copyright / Trademark Interface: How the Expansion of Trademark Protection Is Stifling Cultural Creativity.

Derivative Work 107

Derivative Work Copyright Law Copyright Law 107

SpicyIP

DECEMBER 11, 2023

Highlights of the Week Jab “We” Met: When Intellectual Property (IP) Met Public Interest (PI), a Poem Image from here When IP met PI (Public Interest)! Decoding Street Art, Fair Use and Moral Rights Is usage of Mural art, in commercial advertisements covered by Fair use? Anything we are missing out on? Click to read!

Trademark 103

Trademark Fair Use Moral Rights Art 103

SpicyIP

JULY 11, 2021

Varsha reported the significant development that the Delhi High Court issued a press release stating its plan to create an Intellectual Property Division (IPD) in the Delhi High Court. Vempati Ravi Shankar – Facebook Copyright Dispute: Issues on Moral Rights and Posthumous Enforcement of Celebrity Rights.

Moral Rights 105

Moral Rights Journalism Licensing IP 105

IP and Legal Filings

JANUARY 22, 2024

Introduction The Intellectual property laws are designed in such a way that not only reward the creator of his intellectual creation thereby incentivising other creators for further innovation, while balancing the rights of the creator with the right of the society to access information or knowledge.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

The IPKat

SEPTEMBER 30, 2022

In this context, he recalled that according to classical theory intellectual property has (i) a structural aspect: an incentive for creative innovation as it is potentially public goods and (ii) a functional aspect: it provides innovators with the tools to counteract possible illegal exploitation by third parties.

Reporting 91

Reporting Copyright Intellectual Property Moral Rights 91

SpicyIP

DECEMBER 30, 2023

We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. Bolt Technology v. First, in Toyota v. Tech Square which was passed against a cancellation petition filed by Toyota against the registration of “Alphard” by Tech Square.

IP 124

IP Copyright Trademark Intellectual Property 124

Kluwer Copyright Blog

AUGUST 12, 2021

82 of 2002 for the Protection of the Intellectual Property Rights (IPRs) (see also here ). 57 of 1939 for the Protection of Trademarks and Trade Information and the law no.354 It’s worth noting that the ECL remained faithful to its original “author’s rights identity”, similarly to its French counterpart.

Copyright 103

Copyright Moral Rights Copyright Infringement Marketing 103

IP and Legal Filings

FEBRUARY 20, 2024

Protecting personality rights has become a growing problem in India due to deepfakes, morphed pictures, etc. In between these problems came Delhi High Court’s judgement in favour of Anil Kapoor wanting to get personality rights. What the Right of Publicity Can Learn from Trademark Law. L., & Lemley, M.

Personality Rights 61

Personality Rights Privacy Social Media Intellectual Property 61

SpicyIP

JULY 13, 2021

However, it needs to be pointed out that the court has explicitly mentioned in the order that “celebrity rights is a bundle of rights comprising of Intellectual Property rights and privacy rights.” Thereby the court is acknowledging the enigmatic nature of this right- as both property and moral right.

Privacy 105

Privacy Personality Rights Moral Rights Copyright 105

LexBlog IP

AUGUST 31, 2022

VIP Products LLC on the trademark side (on which the plaintiff is now seeking certiorari from the Supreme Court), and Sketchworks Industrial Strength Comedy, Inc., Humor is also central to trademark infringement claims through notions of parody, and as part of copyright claims through satire. Falwell did years ago.

Fair Use 52

Fair Use Trademark Moral Rights Law 52