IIPRD

APRIL 8, 2024

these are available so that the creators can benefit from their inventions and creations. [8] Even after this, there will be some issues with respect to liability and the economic benefits arising out of the same which also need to be answered. This still stands as an extremely contentious topic.

Art 52

Art Artwork Intellectual Property Copyright Law 52

Michael Geist

APRIL 6, 2022

If the principle was that links have value requiring compensation, then why shouldn’t I be required to pay for linking to the same article? That is astonishingly overbroad and damaging to the Internet, effectively saying that a link to the homepage of a website might require compensation if the link appears on DNI’s service.

Government 99

Government Business Journalism Marketing 99

The IPKat

MARCH 24, 2022

The purpose of the SPC Regulations ( Regulation (EC) No 469/2009 and Regulation (EC) No 1610/96 ) is to compensate patentees for the lengthy process of achieving marketing authorisation for a medicinal or plant product. SPCs are national rights that provide an additional period of protection for a medicinal product protected by a patent.

Registration 82

Registration Reporting Marketing Marketing 82

LexBlog IP

FEBRUARY 11, 2024

It’s a topic that feels right out of a thrilling legal drama: should AI models be fed with copyrighted content? The benefits are clear: AI models become incredibly adept and accurate, sometimes exceeding human performance. Well, this is only possible when the training material is as authentic and as varied as it gets.

Copyright 52

Copyright Due Diligence Content Creation Copyright Law 52

The IP Law Blog

AUGUST 12, 2021

But, of course, no benefit comes without its risks. It means that the company will pay whatever compensation is called for by the agreement to the athlete to license the athlete’s NIL, and once the agreement’s term has concluded, it will still be able to use the athlete’s NIL for its own purposes.

Intellectual Property 98

Intellectual Property Social Media Licensing Contracts 98

LexBlog IP

JUNE 21, 2023

Under this provision, college athletes must disclose their contracts to their schools within 30 days of entering into an NIL agreement, including compensation amounts, contract duration, and other details. Additionally, the draft bill introduces a reporting requirement for college athlete NIL deals.

Law 40

Law Contracts Licensing Reporting 40

The IPKat

JUNE 13, 2022

Successful NFTs that were lucrative for the seller include, for example, Kings of Leon who reportedly generated $2million from NFT sales of their album, which was minted alongside other benefits including artwork, a vinyl, and for six buyers even lifetime front-row seats to Kings of Leon headline gigs. Mentioned previously here ].

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

Kluwer Copyright Blog

MARCH 2, 2022

Not all output, even if directly the product of human hands, benefits from copyright protection under EU copyright law. To comprehensively understand the key implications of robojournalism, copyright lawyers should also take a close look at the topic from the angle of media and communications studies. Technological perspective.

Copyright 107

Copyright Journalism Intellectual Property Copyright Law 107

The IPKat

MAY 22, 2023

Hayleigh Bosher and Coran Darling giving evidence at the Inquiry Artificial intelligence is a highly debated topic in the intellectual property field currently. With the sudden popularity and accessibility of AI systems such as Open AI’s ChatGPT, there has been a lot of attention regarding the regulation and governance of the industry.

Music 82

Music Intellectual Property Copyright Technology 82

LexBlog IP

AUGUST 12, 2021

But, of course, no benefit comes without its risks. It means that the company will pay whatever compensation is called for by the agreement to the athlete to license the athlete’s NIL, and once the agreement’s term has concluded, it will still be able to use the athlete’s NIL for its own purposes.

Intellectual Property 52

Intellectual Property Licensing Social Media Contracts 52

The IPKat

JULY 30, 2021

In this case, the aggrieved party shall be granted a reasonable monetary compensation. 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]. This does not affect the damages claim laid down in paragraph 2.

Patent Law 95

Patent Law Law Patent Intellectual Property 95

JIPL Online

NOVEMBER 1, 2021

The community may even want to compensate these mod creators for their effort through paywalls or donation-based funding. [2] Many companies recognize the benefits that mods and mod-friendly cultures can bring to their titles. [22] Good, Nexus Mods outlines plans to compensate modders , Polygon (Dec. Conclusion.

Derivative Work 59

Derivative Work Cease and Desist Blogging Litigation 59

Kluwer Copyright Blog

OCTOBER 2, 2023

Coming from Germany, it concerned whether broadcasting organisations are entitled to fair compensation stemming from private copying. To that end, “the fact that broadcasting organisations may receive fair compensation in respect of private copying of films they produce is also irrelevant.” More on this proposed bill in the blog soon.

Copyright Law 75

Copyright Law Law Copyright Copying 75

IP and Legal Filings

MARCH 7, 2022

Trademark infringement occurs when a person who is not allowed to use a trademark does so in any way that benefits him (either financially or in terms of market position). In this scenario, the court might issue a temporary order for a certain period until the court issues final decisions on the topic.

Trademark 59

Trademark Law Registering Trademarks Branding 59

IP and Legal Filings

MARCH 7, 2022

Trademark infringement occurs when a person who is not allowed to use a trademark does so in any way that benefits him (either financially or in terms of market position). In this scenario, the court might issue a temporary order for a certain period until the court issues final decisions on the topic.

Trademark 56

Trademark Law Registering Trademarks Branding 56

Kluwer Copyright Blog

MAY 9, 2023

TLDR Generative AI is one of the hot topics in copyright law today. Introduction Generative AI is one of the hot topics in copyright law today. In particular, Article 4 CDSM Directive contains a so-called “commercial” TDM exception, which provides an “opt-out” mechanism for rights holders.

Copyright 138

Copyright Fair Use Copyright Law Law 138

Kluwer Copyright Blog

AUGUST 13, 2023

Despite the various regulatory approaches, litigation is starting to emerge due to the inherent uncertainty of the topic. The legal issue is that defendants infringe plaintiffs’ copyrights and by doing so benefit commercial and profit by the infringement. In addition, OpenAI has benefited financially from the infringing output.

Copyright 98

Copyright Derivative Work Copying Copyright Infringement 98

SpicyIP

JULY 9, 2021

As a result, deciding which portions of an invention to patent versus which features to protect as trade secrets is a more critical question, because both provide different types and levels of protection, and an owner can use both to maximize the benefits provided by both rights. This approach has been approved in several jurisdictions.

Patent 119

Patent Invention Intellectual Property Public Domain 119

SpicyIP

JULY 21, 2021

see here for our previous coverage on the Bolar exception and fans of an exhaustive reading on the topic can access the paper by Prof. The court observed that commercial gain reaped by the defendant in the process of exporting product for R&D cannot disentitle it to the benefit of Section 107A. . Basheer and Prashant here.) .

Patent 98

Patent Advertising Advertising Law 98

Kashishipr

NOVEMBER 10, 2021

A compulsory license is an authorization provided by a national authority to an individual without seeking the consent of the titleholder but after payment of royalties/compensation for the exploitation of the subject matter protected by the law on patents or other IPRs. What is Compulsory Licensing?

Licensing 105

Licensing Invention Intellectual Property Marketing 105

The IPKat

JUNE 4, 2022

On the topic of unauthorized use of a celebrity’s image, readers might recall the IPKat post covering the high-profile Michael Jordan case in China in 2017. The court thus ordered the defendant to make a public apology and pay the plaintiff a compensation of 100,000 CNY (€14017 EUR).

Personality Rights 80

Personality Rights Music Advertising Advertising 80

Kluwer Copyright Blog

NOVEMBER 29, 2021

The parliamentary and public debate mostly revolved around a few selected topics, leaving numerous aspects of the CDSMD-induced modernization of copyright rules virtually untouched.

Cease and Desist 115

Cease and Desist Copyright Government Publishing 115

Trading Secrets

DECEMBER 29, 2022

The court held that the use of a trade secret encompasses all the ways one can take advantage of trade secret information to obtain an economic benefit, competitive advantage, or other commercial value, or to accomplish a similar exploitative purpose, such as assisting or accelerating research or development.

Confidentiality 59

Confidentiality Business Law Contracts 59

LexBlog IP

DECEMBER 29, 2022

The court held that the use of a trade secret encompasses all the ways one can take advantage of trade secret information to obtain an economic benefit, competitive advantage, or other commercial value, or to accomplish a similar exploitative purpose, such as assisting or accelerating research or development.

Confidentiality 40

Confidentiality Business Law Contracts 40

Michael Geist

DECEMBER 2, 2022

The committee is virtually certain to expand the eligibility of news outlets, responding to concerns that the current criteria may exclude smaller, independent outlets from benefiting from the bill’s mandatory payment/arbitration system. regularly employs two or more journalists in Canada, (ii)?operates

Government 91

Government Journalism Business Licensing 91

LexBlog IP

MARCH 12, 2023

Staying on the topic of Rule 12(b)(6) motions, during the course of my review of these cases each month, I am seeing a trend by federal courts denying these motions on the trade secret claims but sometimes dismissing other tort claims. Hugo Glazman thinks so in an article for ALM Benefits Pro.

Blogging 52

Blogging Litigation Ownership Reporting 52

43(B)log

OCTOBER 13, 2021

The film combined the burlesque performances “with cultural commentary on topics such as gender, sexuality, and the artistic process,” and incidentally captured a dancer’s use of the song as background for her performance. The fourth factor also, per GvO , “take[s] into account the public benefits the copying will likely produce.”

Fair Use 83

Fair Use Music Marketing Marketing 83

43(B)log

FEBRUARY 3, 2024

Expected to find a lot of talking around the topic of pleasure, but surprised to find a lot of hostility to, especially, defendants’ enjoyment of their own conduct. Argument for change to factor 4, that growing a market/market benefits should matter. Administrative remedies: injunction; civil compensation; some criminal penalties.

IP 59

IP Marketing Marketing Patent 59

Technology & Marketing Law Blog

MAY 19, 2023

A magalicious opinion that addresses the same basic topics as the more recent Kennedy v. That is all actionable conduct not barred by Section 230. __ Missouri v. Biden , 2023 WL 2578260 (W.D. March 20, 2023).

Social Media 128

Social Media Advertising Advertising Designs 128