The IPKat

DECEMBER 27, 2023

Safetensors’ at the ‘Additional-Networks’ to 0.75, and obtained the following image: 6. It can generate corresponding images based on text description input by humans, replacing humans in drawing lines and colours, so as to present human beings’ creativity and ideas in a tangible way.

Copyright 118

Copyright Copyright Law Art Technology 118

LexBlog IP

JANUARY 19, 2024

The ICO has concluded that five of the six lawful bases set out under Article 6(1) UK GDPR (including consent of individuals) are unlikely to be available for training GenAI on web-scraped data. Balancing test. 6] Article 5(1)(a) UK GDPR. [7] b) What constitutes a lawful basis for collection of GenAI training data?

Law 52

Law Social Media Contracts Intellectual Property 52

TorrentFreak

FEBRUARY 12, 2023

As result, when the survey balances those who streamed or downloaded any content in the previous three months across any of the content types (music, movies, TV shows, video games, and/or live sports), the picture becomes more gloomy. Just 6% used a custom DNS but nearly a quarter of respondents (23%) said they were aware of them.

Copyright Infringement 78

Copyright Infringement Music Reporting Copyright 78

The IPKat

JUNE 22, 2021

It also highlighted the importance of both striking a fair balance between different rights and interest and conducting an individual(ized) assessment which considers several complementary criteria. All this said, the Court considered that, in line with Ziggo , the role of the platform operator in such a case qualifies as indispensable.

Copyright Law 123

Copyright Law Copyright Law Copyright Infringement 123

IP and Legal Filings

MARCH 23, 2023

4] Material Misstatements and factual errors In line with Regulation 23 of the SEBI Regulations, proxy advisers must also include in their reports the degree of research involved in a specific recommendation, as well as the extent and/or efficacy of their controls and processes in assuring the correctness of issuer data.

Government 86

Government Marketing Marketing Business 86

TorrentFreak

JANUARY 22, 2023

The EU went on to stress the importance of ensuring transparency and balance “within the system governing the remuneration of authors and performers in a weak bargaining position.” ” The establishment of “an efficient system” for the collective management of copyright and related rights was also mentioned.

Copyright Law 118

Copyright Law Music Law Copyright 118

Kluwer Copyright Blog

DECEMBER 21, 2023

The reported line of cases essentially establishes either i ) a total ban on unlawful sources (without clarifying how this unlawfulness should be assessed, thus arguably strictly, e.g., ACI Adam ), or ii ) a presumption of knowledge of the unlawfulness of the source when operating for financial gain purposes ( GS Media ). The case of Art.

Art 70

Art Law Copyright Technology 70

Kluwer Copyright Blog

MARCH 11, 2024

This includes the “ indirect effect ”, which is a principle of EU law, whereby national courts of the member states of the EU are required to interpret national law in line with provisions of EU law. Under REULA, the supremacy of EU law within the UK legal system has been flipped.

Copyright Law 60

Copyright Law Law Copyright Intellectual Property Law 60

Kluwer Copyright Blog

DECEMBER 1, 2022

Of course, it is also possible that the reference to the reproduction right is just a transposition glitch that should be ignored, in line with the Marleasing principle. This approach has been described as a “balanced” one, as opposed to the more “traditional” one taken by those countries that adopted a copy-out transposition.

Reporting 52

Reporting Marketing Marketing Copyright 52

SpicyIP

MAY 23, 2022

However, Section 63 provides the extent of punishment for offences to range between 6 months to 3 years. The proviso to Section 63 encapsulates a situation where a punishment of even less than 6 months can be imposed if the infringement is not in the course of trade and business. Decriminalisation.

Copyright 137

Copyright Ownership Copyright Infringement Law 137

Garrigues Blog

MAY 17, 2021

Proposal for a regulation on the use of artificial intelligence: fundamental rights mark the red lines. The European Commission’s aim is to secure a balance that without slowing down innovation, is capable of creating a climate of trust for organizations and citizens in the increasingly widespread use of AI.

Intellectual Property 72

Intellectual Property Designs Design Copyright Infringement 72

The IPKat

NOVEMBER 14, 2022

In this last regard, it seems to this GuestKat that the coupling of a possible decision in the G2/21 proceedings in line with the prior opinion issued by EPO, together with the recent decision T0424/21 seem to mark a real boxing one-two recognized in favour of originators by the EPO.

IP 76

IP Marketing Marketing Confidentiality 76

Kashishipr

NOVEMBER 10, 2021

There is a constant debate of balancing the monopolistic rights against the right of public access to essential commodities like pharmaceuticals and medical products. In line with the Sustainable Development Goals (SDG), it is necessary to provide affordable access to medicines and medical products. It is not assignable.

Licensing 105

Licensing Invention Intellectual Property Marketing 105

The TTABlog

OCTOBER 4, 2022

October 6, 2022 - 2 PM (In Person): In re Wave Neuroscience, Inc. October 5, 2022 - 1 PM: In re Lizzo LLC , Serial Nos. 88466281 and 88466264 [Refusal to register 100% THAT B H for musical recordings and entertainment service on the ground that the proposed mark is a widely used phrase that fails to function as a source indicator.]

Registration 62

Registration Music Publishing Technology 62

Kluwer Copyright Blog

MAY 1, 2023

The ‘new’ digital limitation for teaching Digital uses for teaching purposes are regulated for the first time in Greece in the new provisions of Article 21(2)-(6). Contractual non-overridability Finally, Article 21(6) provides that any contractual provision contrary to paras (2), (3), (4) and (5) is void. These shall be analysed below.

Licensing 98

Licensing Related Rights Publishing Higher Education 98

SpicyIP

JUNE 26, 2022

The lines of legal inquiry to be looked into are two: whether the design is new or original in absolute terms, and whether the design applies something known in a new or original manner. Finally, there is the question of how factual and legal considerations should be balanced in this process of adjudication.

Designs 133

Designs Design Law Intellectual Property 133

The IPKat

MARCH 25, 2022

In any event, a decision of this kind will be treated as wrong where it is: (a) unsupportable; (b) simply wrong; and (c) where the view expressed is that the Appointed Person (Judge) is doubtful of but, on balance, concludes that it was wrong. Six Grounds of Appeal = a lot to cover in this decision! Thus, it too failed.

Artistic Work 94

Artistic Work Registration Law IP 94

The IPKat

OCTOBER 22, 2022

In his TEDxEuston talk, Telling the African story , Komla Dumor argues that “there must be a balance…or else don’t patronise me”. Chapters 6 to 8 and 11 looks somewhat to the present and to the future. This week (on 20 October 2022) marked the 2-year anniversary of the tragic end to the #EndSARS protests in Nigeria.

Technology 70

Technology Law Government Copyright 70

Kluwer Copyright Blog

SEPTEMBER 29, 2022

Targeted gatekeepers would also have to offer free tools to provide access to that data (articles 6(6) and 6(9)). In line with the majority in doctrine, recital 5 of the Proposal confirms that the EU legislature is indeed moving away from the slumbering idea of introducing new exclusive rights of that kind.

IP 56

IP Ownership Marketing Marketing 56

The IPKat

JUNE 12, 2022

Background In 2020, Mr Matthias Zirnsack (the applicant) sought to register the following figurative mark as an EUTM: Registration concerned goods in Classes 6 (metal clips), 9 (computer gaming software and mobile apps), and 28 (board games and toys) of the Nice Classification.

Registration 94

Registration Intellectual Property Law Trademark Law 94

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 26, 2022

Amid these challenges, Principal Jacqueline Tio shares a few tips for balancing practicing law and parenthood. Should I be considering a different line of work altogether? When and if you decide to embark on this new adventure, the following are a few tips for balancing parenthood and law practice during a pandemic.

Law 52

Law Technology Copying Designs 52

Trading Secrets

NOVEMBER 7, 2022

In a very recent opinion on October 6, 2022, by the Delaware Chancery Court, Kodiak Building Partners, LLC v Adams , Vice Chancellor Zurn ruled that the restrictive covenants imposed on a stockholder in an acquisition were overbroad and unenforceable. The parties. Northwest”).

Law 52

Law Business Contracts Litigation 52

Kluwer Copyright Blog

JUNE 9, 2021

We argue below why this is a concerning interpretation of Article 17 considering the fundamental importance of copyright exceptions to maintain a fair balance within copyright law in the EU. More from our authors: Exceptions in EU Copyright Law: In Search of a Balance Between Flexibility and Legal Certainty. by Tito Rendas. €

Copyright 52

Copyright Copyright Law Law Marketing 52

Kluwer Copyright Blog

JUNE 1, 2022

It was satisfied that the filtering obligations imposed on online content-sharing service providers (“OCSSPs”, see the definition in Article 2(6) DSMD) did not “disproportionately restrict the right to freedom of expression and information of users of those services” (para. 132, Deckmyn para. 26 , Spiegel Online para. 132, Deckmyn para.

Intellectual Property 52

Intellectual Property Licensing Copyright Public Domain 52

SpicyIP

FEBRUARY 21, 2024

It contended that IN’536 claims ‘a product’ (Claims 1, 7-9) and ‘a process for preparing the product in Claim 1 (Claims 2-6)’. Para 111) Similarly, here, FCM (inventive product) was described by an illustrative process in Claim 2-6 owing to the rule of necessity.

Invention 105

Invention Art Patent Inventor 105

TorrentFreak

JULY 17, 2022

This tiny minority has the capacity to transform a competitive yet balanced gaming environment into an arena where injustice rules. There’s only one thing worse than being useless at an online game and that’s getting whooped into last place by gamers who cheat.

Social Media 130

Social Media Derivative Work Contracts Licensing 130

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. Let’s collectively hope that this year brings us spicier IP developments which help shape India’s IP regime into a more fair, balanced and effective one! RDB and Co. HarperCollins Publishers India Pvt.

IP 124

IP Copyright Trademark Intellectual Property 124

TorrentFreak

JULY 23, 2023

Google Apps), analytics, or support tools ( e.g Live support, Zendesk) that hold information provided by users? In the event you receive a DMCA takedown notice or a non-US equivalent, how are these handled? What steps would be taken in the event a court orders your company to identify an active or former user of your service?

Privacy 136

Privacy IP Technology Reporting 136

SpicyIP

JANUARY 18, 2023

The monograph would have come across as more balanced had the authors looked at and examined the literature and arguments effectiveness and importance of oppositions in pharmaceutical applications. Hazarding a guess- such ‘fronted’ oppositions from different person(s) would be, at maximum, 10% annually of this 1% (i.e.

Patent Application 141

Patent Application Reporting Public Domain Patent 141

The IPKat

DECEMBER 7, 2021

The direct quotes of user feedback provided in the report are all positive and this Kat finds it hard to believe that there was no negative feedback that could have been quoted for balance. These pros and cons broadly correspond to those highlighted by the EBA in G 1/21.

Reporting 124

Reporting Technology Patent Publishing 124

Kashishipr

JULY 7, 2021

There is a thin line between patents and trade secrets, and therefore, choosing between either of the two is a fundamental decision for all entities alike. . ” In the first instance, the proprietor has to make a balanced and informed choice. Choosing between Patents and Trade Secrets.

Patent 105

Patent Intellectual Property Invention Patent Law 105

LexBlog IP

NOVEMBER 7, 2022

In a very recent opinion on October 6, 2022, by the Delaware Chancery Court, Kodiak Building Partners, LLC v Adams , Vice Chancellor Zurn ruled that the restrictive covenants imposed on a stockholder in an acquisition were overbroad and unenforceable. The parties.

Law 40

Law Business Contracts Litigation 40

LexBlog IP

JUNE 10, 2022

which focused on Google’s use of Oracle’s Java APIs and more than 10,000 lines of source code. In a 6-2 vote last year, the Court overturned a prior decision that ruled against Google; the Court said that the tech giant’s use of Java APIs constituted fair use. Oracle America, Inc.

Fair Use 52

Fair Use Intellectual Property Copyright Copyright Infringement 52

Technology & Marketing Law Blog

JANUARY 18, 2024

6) Jawboning. The line between the productive and condemnable government engagement is murky and fluid. Ideally, social media services should be studying this data to strike balances between various subpopulations. Despite Canada’s experience, the California legislature continues to consider the compelled wealth transfers.

Law 102

Law Social Media Advertising Advertising 102

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. Economics & Law , 6.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

Kluwer Copyright Blog

JULY 12, 2021

The judgment of 9 October 2020 (6 U 32/20) is available (in German) here. But it seems questionable whether this is in line with Art. This is the case if the copyright infringement targets (at least also) the country of protection (in line with Football Dataco/Sportradar ). DNS resolver providers. by Tito Rendas. €

Copyright Infringement 56

Copyright Infringement Art Copyright Law Copyright 56

The IP Law Blog

MAY 20, 2021

The Court found that “the overwhelming balance of the Sleekcraft factors weighs against a likelihood of confusion” and that no reasonable jury would find any confusion. After applying the Sleekcraft factors [from AMF, Inc. Sleekcraft Boats , 599 F.2d 2d 341, 348-349 (9 th Cir. 1979)], the district court granted summary judgment to Dropbox.

Trademark 98

Trademark Marketing Marketing Business 98