The IPKat

NOVEMBER 14, 2022

It is obviously not easy to summarise three full days of very intensive work (and many coffee breaks) and the reports of dozens of experts who effectively shared their knowledge with the participants, in an atmosphere open to debate and discussion.

IP 76

IP Marketing Marketing Confidentiality 76

Kluwer Copyright Blog

DECEMBER 11, 2023

Here the final version is a clear improvement over the original Parliament text as it no longer suggests that model providers need to distinguish between copyright-protected and public domain training materials and then apply different transparency standards to both, which would be unworkable.

Copyright 145

Copyright Copyright Law Publishing Public Domain 145

The IPKat

FEBRUARY 17, 2022

Most of the discussion that has followed has focused on the tension between freedom of expression, the obligations of the host platform (in the reported words of the CEO of Spotify--“It is important to me that we don’t take on the position of being content censor”), and the interests of public health.

Music 67

Music Business Reporting Public Domain 67

LexBlog IP

DECEMBER 14, 2023

According to some reports, technical meetings between experts are expected to start on Tuesday 19 December to hash out details of the text, including the scope of certain rules (e.g., According to certain reports, open-source AI models [17] might fall outside the scope of certain rules under the AI Act, although the position is not yet clear.

Reporting 52

Reporting Publishing Marketing Marketing 52

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 122

Copyright Art Copyright Law Licensing 122

SpicyIP

JULY 17, 2023

Looking at the Data from the IPO Annual Reports Patent filings and grants are at an all-time high in India. Looking for an answer, Swaraj, Praharsh, and Anshuman explore the data from the Indian Patent Office’s annual reports in their post. But who are the parties filing these patent applications?

Personality Rights 97

Personality Rights Copyright Patent Copyright Infringement 97

The IPKat

NOVEMBER 9, 2021

Kat friend Jan Jacobi reports on recent cases on this challenging issue involving efforts by Birkenstock to register such a mark. Universal Public Domain Dedication license. Picture on the left is of a painting by Vincent van Gogh ("Pair of shoes") and is in the public domain. To be a pattern mark: EUIPO v.

Public Domain 86

Public Domain Licensing Intellectual Property Designs 86

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. seeks only damages based on the reactions of advertisers (third parties) to CCDH’s speech in the Toxic Twitter report, which CCDH created after the scraping.

Blogging 95

Blogging Contracts Cease and Desist Social Media 95

Copyright Lately

AUGUST 25, 2023

An article in the Hollywood Reporter earlier this week suggested that there’s finally been some movement between the parties with respect to generative AI, as studios recognize that copyright protection in AI-generated scripts is only possible for those works if they’re revised by human writers. Previously registered material.

Derivative Work 80

Derivative Work Registration Copyright Public Domain 80

IP and Legal Filings

OCTOBER 13, 2022

The specificity of banks, the volatility of financial markets, increased. The special audit report should be submitted to the Reserve. After conducting the inspection of the books, accounts and records of the banking company a copy of the inspection report to be furnished to. payment systems. The protection of. banking company.

Public Domain 52

Public Domain Reporting Copying Government 52

The IPKat

NOVEMBER 12, 2021

Kat friend Becky Knott reports on a decision by the UK IPO that reminds us of the famous observation by former US President Bill Clinton, "It's the evidence, stupid." The state of the register alone is not sufficient evidence – it all comes down to use in the market. Pictures of marks are in the public domain.

Branding 112

Branding Brands Branding Public Domain 112

Kluwer Copyright Blog

MAY 16, 2023

The mapping produced a wealth of data and findings, which are systematized in a dataset available on the user-friendly website www.copyrightflexibilities.eu , and analyzed in a report downloadable from Zenodo , SSRN or ResearchGate , entitled “Copyright Flexibilities: Mapping and Comparative Assessment of EU and National Sources”.

Reporting 52

Reporting Copyright Public Domain Editing 52

TorrentFreak

SEPTEMBER 23, 2022

The company’s failure to file for a new copyright after the movie ditched its original title ‘Night of the Flesh Eaters’ was the reason that Night of the Living Dead (NOLD) was quickly pushed into the public domain. NOLD inspired a whole genre of horror that has gained momentum with age. Night of the Copyright Claim.

Public Domain 138

Public Domain Copyright Music Reporting 138

Biswajit Sarkar Copyright Blog

MARCH 6, 2024

Prior art, the term mostly used during patent applications, is used to describe all information available in the public domain before the priority or filling date of the patent application. This is well known and has been reported in many studies, and such biofertilizers are also available in the market.

Art 52

Art Patent Public Domain Invention 52

Technology & Marketing Law Blog

JULY 18, 2023

To a degree, it also mirrors the difficult question concerning the platforms’ impact (and maybe that of the Internet itself) on the news and the organizations that report it. In other words, what level of contractual control over public domain information is acceptable. For example, specific statutes can tackle it.

Blogging 91

Blogging Contracts Copyright Law Copyright 91

Technology & Marketing Law Blog

DECEMBER 15, 2021

In making this finding I draw an adverse inference from Defendant’s failure to initiate litigation against Plaintiff…by November 19, 2018, Defendant was using the DMCA Takedown Notices to suppress a market competitor rather than to enforce a legitimate good faith claim of copyright infringement. Signal 23 Television v.

Registration 112

Registration Fair Use Copyright Designs 112

The IPKat

MAY 12, 2024

The UPCKat trying to keep confidential information confidential in the UPC As part of our UPCKat reporting on the latest UPC developments, the IPKat brings readers a roundup of how the UPC is treating confidentiality and third party access to court documents.

Confidentiality 62

Confidentiality Art Patent Patent Application 62

SpicyIP

APRIL 24, 2022

They didn’t need permission to borrow from the public corpus or public domain. No faith in the free markets? But you’re right that there is some tension between free markets and IPR. Read page 45, WHO global report on traditional and complementary medicine 2019 (saying “T&CM is used by at least 80% (i.e.

IP 136

IP Copying Intellectual Property Copyright 136

The IPKat

OCTOBER 4, 2021

Former Guest Kat Peter Ling, together with his associate, Joana Gurtner , report on the recent Swiss Supreme Court decision on the Nespresso Capsule 3D mark. Quoting the CJEU, the Federal Supreme Court explained that trade mark law is an essential aspect of, and must contribute to, a competitively functioning free market.

Public Domain 145

Public Domain Marketing Marketing Licensing 145

Kluwer Copyright Blog

MAY 17, 2023

The mapping of national legal sources of copyright flexibilities and their comparative analysis provided a detailed overview of the state of the art of copyright flexibilities in all the 27 Member States, organized in 27 national reports which illustrated national provisions using the same taxonomy applied to EU sources. Public domain.

Reporting 52

Reporting Copyright Public Domain Copying 52

Kluwer Copyright Blog

APRIL 25, 2024

Act I When the Committee charged with conducting Canada’s 2019 Copyright Act Review turned its mind to AI, its primary concern was with “help[ing] Canada’s promising future in artificial intelligence become reality” ( Report 2019 ). The training process can involve reproductions of the training data…. data —reside).

Copyright 68

Copyright Government Copyright Law Reporting 68

SpicyIP

MARCH 15, 2022

Press publishers are dependent on platforms like Google and Facebook for referential traffic on their website making it difficult for them to negotiate with giant platforms especially the ones with the dominant market position. 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

SpicyIP

JANUARY 18, 2023

As some readers may have noticed, there was recently a report published by Hidayatullah National Law University, Raipur on patent oppositions. The report was also presented to DPIIT with suggestions on streamlining patent opposition process and enabling ease of doing business in India. Methodology, Scope and Objective of the Report(s).

Patent Application 141

Patent Application Reporting Public Domain Patent 141

SpicyIP

SEPTEMBER 5, 2022

As reported , Moderna earned revenue of around USD 10 billion for its vaccine, and Pfizer earned around USD 22 billion, in just a year. 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.

Litigation 137

Litigation Patent Technology Ownership 137

Velocity of Content

DECEMBER 6, 2023

Significant amounts of content are also available through the public domain. Our current AI-related offerings are focused on the corporate, research, academic and education markets. According to this report , open models accounted for 31% of articles, reviews and conference papers in 2021. Acuff-Rose Music, Inc.,

Copyright 98

Copyright Fair Use Licensing Copying 98

The IPKat

NOVEMBER 1, 2021

Kat friend Becky Knott reports on one of the latest, which is of particular interest. The Division found that UNIVERS had filed the application to exploit the lack of formal protection of Shandong’s mark in Bulgaria, and to take over Shandong's clients and the market share created by Shandong’s distributor, Omnifak Ltd.

Registration 76

Registration Public Domain Reporting Marketing 76

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 71

Fair Use Copying Publishing Copyright 71

IP and Legal Filings

SEPTEMBER 8, 2021

According to a report by Markets and Markets, the cryptocurrency market is expected to grow from USD 1.6 According to a report by Business Insider, more than half of the 100 largest banks in the world have already invested in crypto and blockchain-based companies. billion in 2021 to USD 2.2

Intellectual Property 66

Intellectual Property Non-Fungible Tokens Copyfraud Contracts 66

LexBlog IP

JANUARY 16, 2024

In light of criticism following the announcement of the political deal – and renewed warnings that the AI Act risks will hamper innovation in the European market – there may still be room for debate over the final terms of the AI Act before ratification. [13] 10] See European Parliament’s draft, Article 28(b)(4)(c). [11]

IP 52

IP Copyright Art Related Rights 52

SpicyIP

JANUARY 9, 2023

The court assessed the contents of circular on “Examination of Patent Applications and Consideration of Report of Examiner by Controller” and clarified that the Controller is not permitted to raise new grounds of objection at the time of the hearing. Revenue to share copy of its report filed earlier. International Developments.

Trademark 105

Trademark IP Registration Reporting 105

Kluwer Copyright Blog

MARCH 8, 2023

Moreover, such an approach makes algorithmic enforcement harder, whereas Greek courts may be driven to interpret “very short extracts” in a way that risks legal certainty and – in the long run – leads to fragmentation within the EU (see, Christina Angelopoulos, Comparative National implementation Report, p. 15 of the CDSMD. 43bis I.aut.,

Publishing 52

Publishing Art Related Rights Marketing 52

SpicyIP

MARCH 27, 2023

filed an application to place additional documents on record, before framing the issues, against the defendants, ARG Outlier Media Pvt Ltd, which also included the examination reports of the Registry and the responses by the defendants regarding trademark/taglines that are the subject matter of the suit.

Designs 105

Designs Design Cease and Desist Art 105

Technology & Marketing Law Blog

JUNE 20, 2023

It provides two sources of guidance: first, it lists six examples: “for purposes such as criticism, comment, news reporting, teaching …, scholarship, and research.” 36, because remote controls did not exist.) As a result, Time magazine canceled its contract to publish a 7,500-word excerpt shortly before the book’s publication.

Fair Use 96

Fair Use Derivative Work Blogging Licensing 96

SpicyIP

MAY 15, 2023

Other Posts World of Possibilities: Single Judge Bench of Delhi High Court Allows Use of Celebrity Information Available in Public Domain Delhi High Court specifies some contours of publicity rights in India! Case: Holyland Marketing Pvt. Deadline for the Applications: 11:59pm IST, 23rd June, 2023.

Trademark 104

Trademark Registration Cease and Desist IP 104

Kluwer Copyright Blog

NOVEMBER 29, 2022

In 2019, the EU’s Copyright in the Digital Single Market Directive (CDSMD) was adopted. In a report published in September 2022, I undertook research into the national implementations of these two provisions in 11 Member States : Austria, Denmark, Estonia, France, Germany, Hungary, Ireland, Italy, Malta, the Netherlands and Spain.

Reporting 52

Reporting Marketing Marketing Copyright 52

SpicyIP

JANUARY 2, 2022

The plaintiff was granted, through an agreement, an exclusive non-transferable, non-assignable license for selling, supplying, and distributing the defendant’s brands in domestic and international markets. Parliamentary Standing Committee Report on the IP regime. Top 10 Judgments/Orders [Jurisprudence/Legal Lucidity].

IP 143

IP Intellectual Property Copyright Trademark 143

43(B)log

FEBRUARY 4, 2023

But socially valuable innovations can be difficult to marketize/commodify. Restrict derivative right to adaptations/forms of representations that change medium, not works in same primary market. public domain. Akshat Agrawal, Copyright's distortive effects Copyright directs investment to excludable assets.

Copyright 64

Copyright Editing Settlement Music 64