Kashishipr

DECEMBER 28, 2021

Three pharmaceutical companies, including Enzon Pharmaceuticals, Micromet AG, and Cambridge Antibody Technology (now acquired by AstraZeneca), in September 2003 announced signing a non-exclusive cross-license agreement. In the latter case, no license or permission of any sort is required from the patent owner for commercializing the product.

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IP Patent Invention Licensing 105

Kluwer Copyright Blog

JUNE 19, 2023

Alternatively, the terms and conditions of the online marketplace where the NFT is marketed may state that the sale of the NFT is complemented by an IP rights assignment in the related digital asset, tethering copyright ownership to NFT ownership (the crypto-native approach) (see, for example the Bored Ape Yacht Club ( BAYC )).

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

The IPKat

OCTOBER 4, 2021

The lower court considered that, while the mark was not technically necessary (which would have led to the invalidity of the trade mark regardless of acquired distinctiveness), the trade mark was part of the public domain and Nestlé failed to prove that the trademark had acquired distinctiveness. Generic license.

Public Domain 145

Public Domain Marketing Marketing Licensing 145

Velocity of Content

DECEMBER 6, 2023

Significant amounts of content are available through licenses, including open licenses such as CC BY and CC BY-NC. Significant amounts of content are also available through the public domain. To what extent are copyrighted works licensed from copyright owners for use as training materials? ROSS Intelligence Inc.,

Copyright 98

Copyright Fair Use Licensing Copying 98

JIPL Online

MARCH 15, 2021

2] While most Sherlock Holmes stories are now in the public domain, the estate alleged that some works and character elements regarding Sherlock Holmes are still protected by copyright. [3] 14] Before lawyers got involved, pressure from the photographer resulted in the granting of a licensing fee. [15]

Copyright Infringement 98

Copyright Infringement Copyright Public Domain Derivative Work 98

Velocity of Content

OCTOBER 31, 2022

It’s certain that the textbook market of 10 years from now will bear little resemblance to today’s market, even if we don’t know exactly what it will look like,” Rosenblatt declared. Click below to listen to the latest episode of the Velocity of Content podcast.

Higher Education 52

Higher Education Public Domain Publishing Marketing 52

Intepat

APRIL 2, 2022

It gives the inventor or patent owner exclusive rights and prevents others from manufacturing, selling, or marketing the invention. Patents give you the much-needed competitive edge in the market. Firstly, it prevents other organizations from copying the invention, thereby lowering the risk of competitors in the market.

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Invention Patent Inventor Intellectual Property 105

Kluwer Copyright Blog

NOVEMBER 29, 2022

In 2019, the EU’s Copyright in the Digital Single Market Directive (CDSMD) was adopted. Public domain material. Licensing the PPR. While the Directive does not include any provisions specific to licensing the PPR, a number of national implementations have ventured into this area.

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Reporting Marketing Marketing Copyright 52

Technology & Marketing Law Blog

JANUARY 25, 2023

This raises an obvious corollary: at most, Shah has a non-exclusive license to those photos, so what are the terms of those licenses and could Shah potentially infringe the owners’ copyrights by posting them? NYP appeared first on Technology & Marketing Law Blog. This case covers similar ground as the uncited Hubay v.

Copyright 124

Copyright Fair Use Licensing Ownership 124

Kashishipr

APRIL 20, 2022

In simple terms, trade secrets are Intellectual Property Rights (IPRs) granted on confidential or sensitive info, which may be licensed or sold. and commercial info, including the list of clients and suppliers, distribution methods, marketing strategies, etc.

Intellectual Property 119

Intellectual Property Confidentiality Public Domain Business 119

Intepat

MAY 4, 2023

While one aims to regulate and ensure that markets operate efficiently in a fair and competitive manner, the other aims to grant a certain level of protection which may be considered to have monopolistic tendencies. After the period of protection, the inventions and information surrounding it fall into the public domain.

Law 52

Law Patent Settlement Inventor 52

Kluwer Copyright Blog

FEBRUARY 22, 2022

In this post, we offer an overview of the project to date, stratified across CREATe’s core research themes : Creative Industries , the Public Domain , and Competition and Markets. Public Domain. In a wider sense, what is public and what is private has important innovation and societal effects.

Copyright 52

Copyright Public Domain Marketing Marketing 52

The IPKat

APRIL 8, 2023

The IPKat has received and is happy to host this guest contribution by Deborah De Angelis (Studio Legale DDA) on the highly publicized halted licensing negotiations between Italian collecting society SIAE and Meta regarding the availability of the music repertoire administered by the former on the latter’s services. 17 (4), a).

Music 129

Music Art Copyright Related Rights 129

SpicyIP

SEPTEMBER 5, 2022

Moderna’s patent infringement lawsuit is a revenue seeking activity since Moderna wants fair compensation but does not want to remove Comirnaty from the market. Moderna was one such company that was granted a compulsory license. Easy for Moderna to now push for ‘licensing and not abrogating patents’.

Litigation 137

Litigation Patent Technology Ownership 137

The TTABlog

DECEMBER 13, 2022

TBL Licensing, LLC v. Most of the issued patents cited in this brief have expired, meaning that the disclosed features are in the public domain. To conclude that TBL can strip the public's right to copy and benefit from these features today would be antithetical to the pro-competitive objectives of both trademark and patent law.

Designs 96

Designs Design Advertising Advertising 96

Kluwer Copyright Blog

MAY 16, 2023

Flexibilities have been classified on the basis of a blended taxonomy, centred around categories of uses, purposes/goals and rights/interests balanced against copyright, coupled with horizontal, catch-all categories such as “public domain” and “external copyright flexibilities”. private study, e-lending).

Reporting 52

Reporting Copyright Public Domain Editing 52

The IPKat

MARCH 21, 2022

Is it centralized or decentralized; are there anticompetitive effects; is there market concentration? But even before software became a commercial proposition with its own market power (and lush profits), a countermovement arose, what we call open-source software. Generic license. It is useful to examine this narrative.

Marketing 86

Marketing Marketing Public Domain Licensing 86

SpicyIP

MARCH 15, 2022

This blog examines how press publishers have claimed rights over their content on digital media platforms like Facebook, Google News, which give a preview of two-three lines along with a hyperlink to the press publication. Many academics have stated that IP is not the correct tool to achieve the redistribution of market share.

Publishing 105

Publishing Marketing Marketing Advertising 105

Kluwer Copyright Blog

OCTOBER 17, 2023

Apart from revolutionizing the creative markets, the ability to obtain new artworks with an increasing marginalization of human contribution has inevitably tested the fitness of copyright legislations all over the world to deal with the so-called “artificial intelligence” (‘AI’). ChatGPT , Smodin ), to perform music (i.e., Secondly, para.

Copyright 124

Copyright Art Copyright Law Licensing 124

Kluwer Copyright Blog

NOVEMBER 20, 2022

We have an artwork, displayed in a museum and which is in the public domain. However, no fees shall be paid for certain specific uses, such as in the case of personal use, use for study purposes or public entities’ use with the aim of enhancing the assets themselves. This is exactly the case here. Second, Art.

Artwork 56

Artwork Public Domain Art Copyright 56

Technology & Marketing Law Blog

DECEMBER 27, 2023

His defense is that the work he used was free for all; after his victory, that work remains in the public domain for others to build upon. The post 2023 Quick Links: IP, Keyword Ads appeared first on Technology & Marketing Law Blog. A successful defendant, by contrast, recovers nothing he didn’t already have.

IP 72

IP Advertising Advertising Copyright 72

The IPKat

NOVEMBER 14, 2022

a wise cat that care about environment kindly provided in CC0 Public Domain license by Pixhere.com) Having to make a selection among the many topics covered, this GuestKat finds it interesting to note that during the conference the EPO case G2/21 on 'plausibility', was repeatedly discussed from different angles.

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IP Marketing Marketing Confidentiality 76

Kluwer Copyright Blog

JUNE 1, 2023

The members of the European Copyright Society (ECS ) have recently sent a letter to Mr. Thierry Breton ( Commissioner for Internal Market , European Commission ) outlining their view of what should be the priorities for a f uture agenda in the field of copyright law. The letter is available here and its contents are reproduced below.

Copyright Law 111

Copyright Law Copyright Law Art 111

The IPKat

SEPTEMBER 15, 2022

Initially, neither the 1992 Law on Trademarks, Service Marks and Designations of Origin , nor the 1992 Patent Law , had provided that putting patented or trademarked goods onto the market within Russia exhausted IP rights. The picture in the upper middle is by Amin and is licensed under the Cretive Commons Attribution-Share Alike 4.0

IP 132

IP Branding Brands Branding 132

Kluwer Copyright Blog

JUNE 8, 2022

Scenario (1): Public Domain. The public domain is arguably the “cheapest” source of data. The main problem with this category is that to enter the public domain underlying works are on average at least 70 years old, and often much older. Scenario (2): Open Licenses.

Public Domain 52

Public Domain Licensing Copyright Law Copyright 52

The IPKat

NOVEMBER 9, 2021

Birkenstock's claim that it had designed the pattern and it had been the first on the market to use that design, was considered by the court to as insufficient to consider that the pattern itself also significantly different from other patterns in the shoe and clothing sector. Universal Public Domain Dedication license.

Public Domain 86

Public Domain Licensing Intellectual Property Designs 86

Kluwer Copyright Blog

APRIL 25, 2024

Only one witness is quoted as having argued that such uses should be licensed by collective societies. Instead, two years later, the Canadian Government launched a public consultation that specifically sought input on the matter of copyright and AI. data —reside).

Copyright 70

Copyright Government Copyright Law Reporting 70

Copyright Lately

APRIL 3, 2023

IA’s Open Library project includes millions of public domain books that users can download and read without restriction. The Effect of the Use On the Potential Market Finally, as with the other three factors, the court found that the fourth factor (the effect on the market) strongly favored the publishers.

Fair Use 69

Fair Use Copying Publishing Copyright 69

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Fifth, assuming Trump owns a valid copyright, did he grant an implied license to Woodward to publish transcripts of the interviews and/or the record­ings themselves? The bottom line: even if he gets past the implied license problem, Trump still has to survive several other substantive and procedural hurdles to recovery.

Copyright 119

Copyright Blogging Publishing Fair Use 119

Technology & Marketing Law Blog

MAY 13, 2024

And that, in turn, further restricts what should be in the public domain and gives companies power to create property rights where none are otherwise granted in the law. a worldwide, non-exclusive, royalty-free license”), and there is no allegation that it was corrupted, changed, or deleted. see Kaplan Decl.

Blogging 95

Blogging Contracts Cease and Desist Social Media 95

SpicyIP

JULY 17, 2023

The court held that though the mark ‘USCO’ is not registered by the plaintiff, its goods were available in the market under “ITR” mark in association with “USCO” mark and the plaintiff is the prior user of the mark. The plaintiff further argued that he was the lawful successor to the personality rights of the late actor.

Personality Rights 97

Personality Rights Copyright Patent Copyright Infringement 97

LexBlog IP

FEBRUARY 28, 2022

A few years later, in 1984, Goldsmith’s agency, which had retained the rights to those images, licensed one of them to Vanity Fair for use in an article called “Purple Fame.” That factor asks “whether, if the challenged use becomes widespread, it will adversely affect the potential market for the copyrighted work.” [20]

Fair Use 97

Fair Use Derivative Work Art Licensing 97

The IPKat

JANUARY 18, 2022

Also, there are numerous rulings in Italy along the lines of the one commented on herein which have held the requirement of periculum in mora to be absent when (any form of) marketing had already been started by the applicant. license. So much for commercial certainty, says Merpel.

Intellectual Property 73

Intellectual Property Marketing Marketing Public Domain 73

IP and Legal Filings

OCTOBER 4, 2022

However, with the publication on 23 October 2012 of UAE Federal Law No. 4 of 2012 Concerning Regulation of Competition all businesses with operations in the UAE or supplying goods and services to the UAE market will have to ensure that they focus on and comply with the provisions of this new law. image Source : Medium Blog].

Intellectual Property 52

Intellectual Property Law Business Designs 52

Kluwer Copyright Blog

MAY 17, 2023

the possibility to request remuneration or to subordinate the operation of the exception to the absence of adequate licenses), differences emerge again – this time tackled, however, by the introduction of the country-of-origin principle. Public domain. However, every time a detail is left to the discretion of Member States (e.g.

Reporting 52

Reporting Copyright Public Domain Copying 52

Kluwer Copyright Blog

MARCH 8, 2023

Although previously no provisions and/or case law or licensing schemes addressing news aggregation existed in Greece, and despite the fact that the new right granted to press publishers by the EU has attracted severe criticism (see e.g., Reto Hilty, Valentina Moscon et al., 2121/1993 on “Related Rights”, just after Art. 15 of the CDSMD.

Publishing 52

Publishing Art Related Rights Marketing 52

Kluwer Copyright Blog

MARCH 14, 2022

Attempting to pre-empt the advancement of AI in the late 1980s, they reflect neither the contemporary technological reality of algorithmic and ML achievements nor our shared expectations from technological and market developments. Attaching to that output long term proprietary claims risks paralysing the public domain.

IP 60

IP Public Domain Copyright Intellectual Property 60