The IPKat

FEBRUARY 20, 2024

Background As previously reported by the IPKat last year, VEGAP, a collective management organisation for intellectual property rights in Spain, brought a claim against Punto Na SA, the IP holding company for the well-known clothing brand Mango, seeking compensation in respect of the alleged infringement of copyright in certain artworks.

Moral Rights 76

Moral Rights Artwork Fair Use Copyright 76

SpicyIP

DECEMBER 30, 2023

As 2023 comes to an end, in line with our annual tradition, we take stock of the top IP developments that occurred this year. The decisions in the second category, i.e., Top 10 IP Cases/Judgements (Jurisprudence/Legal Lucidity) reflect those that we thought showed a fair bit of jurisprudential rigour and/or legal lucidity. Nataraj, Ms.

IP 124

IP Copyright Trademark Intellectual Property 124

The IPKat

SEPTEMBER 12, 2022

This is the first in-person Congress since London hosted in 2019, so it was only apt that the first panel session was on the topic of IP and Covid-19. Is IP to blame for access to Covid-19 vaccines? Eric Solwy (Partner, Sidley Austin) said that the role of IP is not a theoretical question in developing and incentivizing technology.

IP 91

IP Reporting Contracts Licensing 91

The IPKat

NOVEMBER 1, 2022

Part two, AI-IP Theory , Gaon devotes four chapters to considering whether IP theories can support IP protection for AI. In particular, by considering how and when IP protection for computer programs evolved. the programmer, the user, or the AI itself). However, the parameters of this exception are not yet decided.

Copyright 98

Copyright Moral Rights IP Privacy 98

IIPRD

NOVEMBER 1, 2023

Introduction Over $67 billion USD was transacted in the worldwide contemporary art market in 2018, an increase of nearly $3 billion USD from the previous year’s value. One of the law’s most distinctive features is its protection of the authors’ moral rights, which ensures that creators of all kinds of art may lay claim to their work.

Intellectual Property 52

Intellectual Property Art Artwork Intellectual Property Law 52

The IPKat

MAY 25, 2022

As IP aficionados, many readers of this blog will have strong views about the proper scope of copyright law. Given the dispute’s employment law context, it received limited attention from IP academics ( with some exception ). In 2015 she commenced work at Mulberry as a Market Support Assistant.

Copyright 94

Copyright Moral Rights Intellectual Property Intellectual Property Law 94

IP and Legal Filings

JUNE 27, 2022

This blog will consider different IPs, which are at growing stage. These include the IPs, like- Copyrights, Industrial Designs, Geographical Indications, Layout Designs of Integrated Circuits, Plant Variety Protection and Trade Secrets. Being at a nascent stage for IP compared globally, remarkable progress has been made by the nation.

Intellectual Property 52

Intellectual Property Moral Rights Designs Design 52

The IPKat

JANUARY 24, 2023

We may assume that these provisions will be further supplemented in terms of the rights, namely reproduction and making available. It also once again confirms the strong protection of moral rights in Ukrainian copyright law. Here again, the lawmakers were inspired by the EU law, namely the Digital Single Market [Katposts here ].

Related Rights 145

Related Rights Law Copyright Moral Rights 145

IP and Legal Filings

JANUARY 23, 2023

Parallel to this, Non-Fungible Tokens, often known as NFTs, have seen tremendous growth as more and more people enter the market. IP owners must plan and safeguard their unique creation from any prospective infringements because NFTs have a distinguishing trait. [ii]

Non-Fungible Tokens 77

Non-Fungible Tokens Copyright Intellectual Property Ownership 77

LexBlog IP

AUGUST 30, 2023

dishes and seasonings) as works of IP. (1) The third defendant was licensed to produce and market the disputed foods and spices under its own name and at its own expense, paying a fixed fee to the plaintiff for each individual product sold. Compensation presupposes culpability and infringement of IP (or related rights) (i.e.,

Intellectual Property 52

Intellectual Property Moral Rights Related Rights Art 52

SpicyIP

JULY 11, 2021

IPAB Issue Finally Comes to a Conclusion: Delhi HC Creates Specialist IP Division. Basheer’s arguments several years ago, when he advocated for specialised IP benches in High courts as opposed to an inept IPAB with limited powers. Justice Prabha Sridevan, who underscored the importance of public interest in IP matters.

Moral Rights 105

Moral Rights Journalism Licensing IP 105

IPilogue

OCTOBER 7, 2022

Outside of moral rights , which protect the original artist’s right to be associated with the work without modification or destruction, agreements of purchase and sale generally enable the purchaser to do whatever they see fit with the work. Not all Canadian galleries oppose ARRs.

Art 105

Art Moral Rights Artwork Editing 105

The IPKat

NOVEMBER 29, 2021

Part 3: Intersections between IP and (social) science Part 3, starting with Chapter 26 written by Shubha Ghosh, analyses consequentialist thinking and economic analysis in IP. Although quantitative legal analysis is not without its limitations, Seng reminds that where designed properly, it can become a reliable tool in IP research.

Intellectual Property 73

Intellectual Property IP Moral Rights Law 73

Intepat

DECEMBER 12, 2021

We have a terrific example of designer cakes, which are accessible in the market these days and are elegantly constructed by chefs with distinctive designs, shapes, and patterns. It will be protected as an original artistic work, granting chefs the same economic and moral rights as writers of other works.

Art 52

Art Copyright Artistic Work Moral Rights 52

Intepat

OCTOBER 7, 2022

As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and Industrial design. Designing and creation must be safeguarded by various kinds of intellectual property rights (IPR) since they are fundamental elements of this creative skill. appeared first on Intepat IP.

Intellectual Property 59

Intellectual Property Designs Design Artwork 59

The IPKat

DECEMBER 26, 2022

Since 2017, the artist has produced, exhibited, and marketed busts inspired by the character of Tintin, and sculptures inspired by the rocket depicted in the albums "Destination Moon" and "Explorers on the Moon". Background The facts of this case are relatively simple. The practical aspect of the judgment must be stressed.

Law 95

Law Copyright Infringement Moral Rights Copyright 95

JIPL Online

APRIL 9, 2021

x] In fact, on the contrary, memes can operate as a source of marketing and a way to garner interest in creative works in a funny, generationally relevant way. xi] There are countless articles and marketing studies directing corporations on how to market via memes to reach the maximum level of engagement. 29, 2013), [link]. [ii]

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

Intepat

OCTOBER 7, 2022

As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and design rights. Designing and creation must be safeguarded by various kinds of intellectual property rights (IPR) since they are fundamental elements of this creative skill. appeared first on Intepat IP.

Intellectual Property 52

Intellectual Property Designs Design Artwork 52

SpicyIP

JULY 23, 2023

Last week we published a literature review cum blog post on Artificial Intelligence and IP. Abhijeet is a fourth-year law student at Hidayatullah National Law University, Raipur, and is interested in the intersection of TMT and IP sectors. Anything important we’re missing out on?

Trademark 98

Trademark IP Higher Education Moral Rights 98

SpicyIP

MAY 23, 2024

Saregama ) concerning rights of the authors, we are pleased to bring to you this post by SpicyIP Intern Surabhi Katare, highlighting the key issues in the dispute and sharing her take on the notable findings of the Court. She is interested in IPR, media, and tech laws and wants to pursue a career in IP and allied areas.

Music 59

Music Licensing Copyright Moral Rights 59

Kluwer Copyright Blog

OCTOBER 17, 2022

A partial harmonisation of rules belonging to this third category has taken place at the EU level, most notably by Articles 18 through 23 Copyright in the Digital Single Market (CDSM) Directive. As a result, the general conflict of laws rule for IP rights applies. Sections 32-36d and 40a-41 German Copyright Act ).

Contracts 52

Contracts Law Copyright Moral Rights 52

IP and Legal Filings

FEBRUARY 20, 2024

The Court rejected the privacy defence, which is often employed in IP proceedings. Instead, it ruled that celebrities have the right to profit on their popularity in whatever way they want and that the right of publicity protects their financial interest in their identities. REFERENCES : Pusey, I., & Morgan, M.

Personality Rights 62

Personality Rights Privacy Social Media Intellectual Property 62

Kluwer Copyright Blog

OCTOBER 19, 2022

In addition, it is worth reminding that Article 17(2) of the Charter of Fundamental Rights of the EU expressly sets forth that IP rights are protected, thus confirming the status of IP as a fundamental right and increasing the potential public interest dimension of IP legislation, including copyright contract law.

Contracts 52

Contracts Law Copyright Intellectual Property 52

LexBlog IP

DECEMBER 19, 2022

However, having Mango ceased to use the works both in the physical and in the digital world and not being the NFTs at the disposal of the clothing company, the Court addressed the injunction only to Opensea and with reference only to the NFTs – hence the “partial” danger.

Copyright 52

Copyright Due Diligence Moral Rights Social Media 52

Kluwer Copyright Blog

NOVEMBER 24, 2021

The question as to whether the required serious infringement of moral rights had occurred could, the BGH ruled, only be ascertained on the basis of an analysis of the entire circumstances of the specific case. The Goldrapper case concerned, once more, a claim for non-material damages as per Section 97(2), fourth sentence UrhG.

Contracts 98

Contracts Copyright Law Cease and Desist 98

43(B)log

APRIL 7, 2023

Criteria favoring a Brussels Effect are market size controlled by regulator—a lot of firms want to compete there; regulatory capacity/institutional expertise; stringent standards. Traditionally supported a highly segmented, explicitly territorial market approach by multinationals. Very sticky. 17 v notice and takedown).

Art 45

Art Copyright Settlement Moral Rights 45

LexBlog IP

AUGUST 31, 2022

Why the CJEU decision in Deckmyn is broader than parody”(2015) 52(2) Common Market Review 511, 518 (2015)]. ” Although the CJEU never mentioned the phrase ‘moral rights’ in its ruling, paragraph 31 might be read as referring to them.”). Eleonora Rosati, “Just a laughing matter?

Fair Use 52

Fair Use Trademark Moral Rights Law 52