IP and Legal Filings

JANUARY 29, 2023

However, the question of who owns the rights to these creations has been a topic of debate for some time. The suitability of deeming the gamers as “derivative authors” can also be ruled out, since this would require the gamers to take consent from the game developers for creating.

Copyright 79

Copyright Ownership Publishing Copyright Infringement 79

SpicyIP

AUGUST 15, 2021

Topical Highlight. PV Sindhu and her agency Baseline Ventures are suing over 20 firms for utilising her picture and name for moment-marketing purposes without her consent or authorisation. Ensuring Access to TB drugs: Is Compulsory License the Way? Other News from Around the World.

Licensing 83

Licensing Government Reporting Patent Law 83

IP Whiteboard

AUGUST 30, 2020

Using copyright material without the copyright owner’s consent amounts to a copyright infringement if: there is an unauthorised use of a substantial part of the work; and. It is likely that, even if there is no express or written agreement between the tattoo artist and the individual, there is some form of implied licence.

Moral Rights 52

Moral Rights Copyright Artistic Work Artwork 52

Technology & Marketing Law Blog

MAY 2, 2022

The court (appropriately) generally sidesteps the viability of other claims due to the case’s litigation posture, though it intimates that “it may be that web scraping exceeding the scope of the website owner’s consent gives rise to a common law tort claim for trespass to chattels.” Comments from Kieran McCarthy.

Cease and Desist 110

Cease and Desist Contracts Privacy Business 110

Trading Secrets

JUNE 3, 2022

This blog post summarizes some of the significant decisions grouped by the hot topics below. The district court also held below that plaintiff did not establish an “improper acquisition, disclosure, or use of a trade secret without consent.” There have been some noteworthy recent decisions in trade secrets law. In Oakwood Lab’ys LLC v.

Law 59

Law Confidentiality Designs Design 59

LexBlog IP

SEPTEMBER 5, 2023

In-Person Hearings Should Not Require the Consent of an Adversary Last week, the PTAB published an updated Oral Hearing Guide ( here ) to reflect current agency practices. The changes include rather mundane clarifications on such topics as public access and demonstrative submission for ex parte hearings.

Invention 52

Invention Publishing Patent Intellectual Property 52

SpicyIP

JANUARY 2, 2022

This year, we have divided these developments into three categories: a) Top 10 IP Judgments/Orders (Topicality/Impact). Top 10 Judgments/Orders [Topicality/Impact]. This judgment concerned the classification of payments under end-user license agreements (EULA). b) Top 10 IP Judgments/Orders (Jurisprudence/Legal Lucidity) and.

IP 143

IP Intellectual Property Copyright Trademark 143

Kashishipr

NOVEMBER 10, 2021

The domain of Intellectual Property Rights (IPRs) , especially after the adoption of the Uruguay Round’s resultant, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) , has led to the adoption of an expanded understanding of IPRs in contemporary fields to strengthen the legal position of the rights holders.

Licensing 105

Licensing Invention Intellectual Property Marketing 105

SpicyIP

JULY 19, 2021

Topical Highlight. Not obtaining the author’s consent might lead to heavy penalties. of the plaintiff in contravention of the terms of its End-User License Agreement, or infringing in any other manner the copyrights of the plaintiff’s software including NUKE and NUKE X. [14 Resonance Digital LLP & Anr. 14 July, 2021].

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

LexBlog IP

JUNE 28, 2023

5) Thus, the usual fee is defined as that which a prudent licensor would demand and a prudent licensee would accept to pay if they had entered into a licence agreement knowing all the relevant circumstances. In other words, it is the usual price requested in the specific industry for granting the right to use the specific intangible good. (6)

Copying 52

Copying Copyright Law Copyright Editing 52

Kluwer Copyright Blog

SEPTEMBER 29, 2022

Who should these operations be imputed to, to what extent are these acts exempted from rightholders’ consent pursuant to harmonized exceptions, and are the safe harbour rules for hosting services applicable here?

IP 56

IP Ownership Marketing Marketing 56

The IPKat

JANUARY 21, 2022

Topics include the evolution of the performers’ rights in the UK, through to all key aspects of the rights, such as subsistence, duration, ownership, licensing, remuneration, infringement, and exceptions. Lastly, chapter 11 provides a summary of performer’s rights around the world.

Moral Rights 128

Moral Rights Contracts Editing Related Rights 128

Kluwer Copyright Blog

AUGUST 12, 2021

The so-called “conditional irresponsibility” of online content-sharing service providers (OCSSPs) with regards to copyright infringements is a never-ending, vexing, and daunting topic not only for scholars (see here , here , here and here ), but also for the European Court of Justice itself (CJEU). 147 ECL) and moral rights (art.

Copyright 103

Copyright Moral Rights Copyright Infringement Marketing 103

SpicyIP

FEBRUARY 12, 2024

Last week we published 9 posts on topics such as our comments on the proposed Trademarks (1st Amendment) Rules, the Madras High Court’s decision with respect to patentability of business methods, and Union Minister of State for Commerce’s response on ability of the current IPR regime to cater concerns arising out of AI generated work.

Trademark 103

Trademark Social Media Registering Trademarks Copyright 103

Trading Secrets

JANUARY 12, 2023

The NPRM followed just one day after the FTC announced that it had reached a consent settlement with three companies for alleged unfair trade practices by imposing overly burdensome non-compete agreements. Non-compete agreements have existed for centuries, and, like contracts generally, their enforceability is governed by state law.

Contracts 52

Contracts Law Government Reporting 52

LexBlog IP

JANUARY 12, 2023

The NPRM followed just one day after the FTC announced that it had reached a consent settlement with three companies for alleged unfair trade practices by imposing overly burdensome non-compete agreements. Non-compete agreements have existed for centuries, and, like contracts generally, their enforceability is governed by state law.

Contracts 52

Contracts Law Government Reporting 52

Trading Secrets

JANUARY 12, 2023

The NPRM followed just one day after the FTC announced that it had reached a consent settlement with three companies for alleged unfair trade practices by imposing overly burdensome non-compete agreements. Non-compete agreements have existed for centuries, and, like contracts generally, their enforceability is governed by state law.

Contracts 52

Contracts Law Government Reporting 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

The letter discusses the BPCIA and the Hatch-Waxman Act frameworks (for small molecule drugs) and sets forth several topics for USPTO’s consideration and further discussion: engagement between FDA and USPTO to increase efficiencies, possible misuse of the patent system (e.g., The Preserve Access to Affordable Generics and Biosimilars Act (S.

Litigation 52

Litigation Settlement Patent Marketing 52

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. S&M cases are fascinating in thinking about consent and criminality. Then there’s commodification of pleasure. Q: natural law tradition; basic value of play.

IP 59

IP Marketing Marketing Patent 59