Remove topics automatic-stay
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DPIIT Recognition for Startups

IP and Legal Filings

Nevertheless, most of the startups have not only stayed stagnant during the pandemic but have also garnered more profits working online. Such factors undoubtedly help in lowering any such departmental paper works and concern itself with an automatic route. Pandemic has resulted in various businesses going down.

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[Guest post] Ownership of IP rights by DAOs – the future is nigh?

The IPKat

The IPKat is pleased to host the following contribution by Katfriend Marianna Ryan (Edwin Coe and King's College London) on the topical issue of how Decentralised Autonomous Organisations (DAOs) are to be treated and what IP issues come with them. Conclusion DAOs have undoubtedly made some noise in the media sphere but are they here to stay?

Ownership 134
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IPR And Insolvency And Bankruptcy Code

IP and Legal Filings

The recent case of Revlon is related to bankruptcy but focusing on the other side, the case has brought the attention to the topic that could be of useful to intellectual property rights that is the relation of IPR and the bankruptcy. As soon as the bankruptcy petition is filed, the automatic stay is placed.

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[Guest post]: The proportionality test in European patent law

The IPKat

A plea against balancing It is therefore clear that an automatic injunction regime is no longer sustainable. What is more, Article 3 Enforcement Directive prohibits “barriers to legitimate trade”, i.e. the ability to monetize non-infringing technology [cf. How much time does the infringer need to phase out infringement?

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Article 17 survives, but freedom of expression safeguards are key: C-401/19 – Poland v Parliament and Council

Kluwer Copyright Blog

The liability exemption mechanism on Article 17(4) CDSM encompasses a series of cumulative “best efforts” obligations to: (a) obtain an authorisation; (b) ensure unavailability of specific protected content; and (c) put in place notice and take down and notice and stay down mechanisms. More from our authors: Law of Raw Data.

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Algorithmic propagation: do property rights in data increase bias in content moderation? – Part II

Kluwer Copyright Blog

This is the second installment of a reflection on the topic of content moderation and bias mitigation measures in copyright law. This second part explores the potential of property rights to increase bias in content moderation by looking at the topic from the perspective of Article 17 CDSM Directive.

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Amendment of German patent law: small step or giant leap for proportionality?

The IPKat

This Kat, however, remains unabatedly excited and believes the change is a harbinger of sensible changes to the automatic injunction regime, in Germany and beyond. Ten years ago, a proportionality test was a radical idea embraced only by a handful of academics [see here for one of the earliest EU-focused publications on the topic].