Patently-O

SEPTEMBER 7, 2022

Later, those two companies formed an official partnership to develop a C3-binding protein (the same topic for which Amyndas had shared data). Zealand’s patent applications also published relating to the same topic. At the time of contracting, Zealand Pharma had not yet been restructured to also form Zealand US.

Music 56

Music Contracts Confidentiality Litigation 56

The IPKat

FEBRUARY 13, 2022

The IP blogs have been active over the past week bursting with a wide range of different topics. DESIGN On Saturday, February 5, 2022, WIPO announced China's accession to the Hague System, making it the 68th contracting party to the 1999 Act and the 77th member of the Hague Union. The IPKat has once again compiled some of them for you.

Blogging 52

Blogging IP Copying Copyright 52

The IPKat

APRIL 25, 2024

Here’s what they write: Generative AI, originality, and the potential role of contract in protecting unoriginal works by Adrian Aronsson-Storrier and Oliver Fairhurst Artificial Kat Over the past two years the IPKat has hosted debate on the question of whether the outputs of generative AI tools are protected under copyright law.

Contracts 76

Contracts Artistic Work Copyright Copyright Law 76

Technology & Marketing Law Blog

JULY 14, 2022

Given how rarely TOS amendments use clickthroughs, this opinion could anticipate the widespread failure of TOS amendments if it’s the final word on the topic. That would be a legal fiction, but most online contract formation law is predicated on similar fictions). I hope it’s not. * * *. The Court Opinion. Blockbuster.

Contracts 107

Contracts Blogging Business Law 107

The IPKat

SEPTEMBER 16, 2022

The subject of the dispute pertained to the exploitation of the portrait of the late Cem Karaca, who was an artist, songwriter and composer with a legendary reputation in the world of Anatolian rock music. Katfriend Marianna Ryan has written here on the topical issue of how DAOs are to be treated and what IP issues come with them.

Reporting 67

Reporting Advertising Advertising Intellectual Property 67

LexBlog IP

JANUARY 24, 2024

Article 14 of Law 4996/2022 introduced a notable – and quite disputed – change, adding article 7a to Law 4481/2017. However, this surely conflicts with the character of the authors’ absolute right to allow or prohibit the exploitation of their work at their discretion; authors cannot waive or limit their right by contract.

Copyright Law 52

Copyright Law Law Copyright Television 52

Technology & Marketing Law Blog

APRIL 1, 2023

This ruling covers two key topics related to 512. I’m pretty sure the drafters of 512(f) never contemplated that it would be invoked in disputes over ownership. Here, the Court has already found that Bar-Z had a legal right to interfere with App Star’s contracts with the chambers of commerce. ” Cite to ISE v.

Fair Use 101

Fair Use Cease and Desist Contracts Ownership 101

Biswajit Sarkar Copyright Blog

JULY 11, 2022

Therefore, in order to resolve disputes in light of the emergence of globalisation, it is crucial to switch to another legal option. One of the most contentious topics in arbitration is the arbitrability of IP disputes. Any disputing party prefers to reach a resolution through discussion as opposed to drawn-out legal processes.

Intellectual Property 52

Intellectual Property Settlement IP Copyright 52

The IPKat

JUNE 26, 2022

The event is designed to encourage interactive discussions among participants through panel debates, with each of them covering 4 or 5 key topics related to each specific sector. Possible topics include but are not limited to: (i) Intellectual property, including live streaming, clones, reskinning, modding and/or fan participations, etc.; (ii)

Intellectual Property 117

Intellectual Property IP Registration Copyright 117

Technology & Marketing Law Blog

MAY 2, 2022

It also sidesteps the dispute regarding whether hiQ is still in business. They may look to state hacking laws, trespass to chattel claims, or other causes of action “such as copyright infringement, misappropriation, unjust enrichment, conversion, breach of contract, or breach of privacy.”. __. Comments from Kieran McCarthy.

Cease and Desist 110

Cease and Desist Contracts Privacy Business 110

LexBlog IP

SEPTEMBER 15, 2021

A recent Ninth Circuit ruling in a dispute between two health care staffing agencies clarifies that non-solicitation provisions in business-to-business collaboration agreements are not per se violations of the Sherman Act. That contract contained a non-solicitation provision prohibiting Aya from soliciting AMN’s employees.

Law 52

Law Marketing Marketing Business 52

Trading Secrets

SEPTEMBER 15, 2021

A recent Ninth Circuit ruling in a dispute between two health care staffing agencies clarifies that non-solicitation provisions in business-to-business collaboration agreements are not per se violations of the Sherman Act. That contract contained a non-solicitation provision prohibiting Aya from soliciting AMN’s employees.

Law 52

Law Marketing Marketing Business 52

Intepat

JUNE 19, 2023

The parties must clearly agree to the law and form of dispute resolution to be employed in case of conflict. Commercialization Through Licensing A licensing contract is one where the owner of an intellectual property grants permission to use it for some form of regular payment generally called royalty.

Intellectual Property 52

Intellectual Property Due Diligence Ownership Invention 52

Technology & Marketing Law Blog

AUGUST 21, 2023

As the Newman court summarized, “this case has shed its intentional discrimination and constitutional claims, becoming—first and foremost—a breach of contract dispute.” That topic is expressly at issue in the FLA and TX social media censorship cases). This sets up YouTube for a major own-goal. .”

Contracts 84

Contracts Social Media Blogging Law 84

The IPKat

JULY 7, 2023

The speakers considered technological standards, IP and licences, especially by analysing who are the participants in interoperability, how contracts with the Metaverse operators work and which rights are provided to the users. Nonetheless, ADR in the Metaverse can provide more harmonised and speedier resolutions to disputes.

Reporting 86

Reporting Music IP Intellectual Property 86

LexBlog IP

AUGUST 31, 2021

The decision also found that HTC’s proposed FRAND jury instructions were not a substantially correct statement of the law, because Ericsson’s ETSI FRAND commitment was governed by French contract law, but HTC’s instructions were based on U.S. law without reference or comparison to French contract law.

Licensing 52

Licensing Contracts Law Patent Law 52

Kluwer Copyright Blog

JANUARY 17, 2024

On the topic of authorship, it could be argued that someone (one person or a group of persons) will still have high-level control of the training process, and that control could be enough to attribute authorship. Furthermore, it would give some teeth to open-source licensing conditions, providing means of enforcement beyond contract law.

Copyright 80

Copyright Database Right Music Intellectual Property Law 80

The IPKat

JULY 9, 2023

It might also have been interesting to examine the various topics covered from a European perspective. the type of permission, payment, and contract). It should also be noted that appropriating artists such as Jeff Koons have also won disputes based on fair use. because of rain). The decontextualization of the work (e.g.,

Art 57

Art Copyright Moral Rights Cease and Desist 57

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In the world of IP, blockchain technologies offer real-time possibilities for IP protection, evidence and registration at either the registry stage or in the court when it comes to questions of data security and privacy concerns – a hot topic of recent times. It also provides a cost-effective way to accelerate such processes.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In the world of IP, blockchain technologies offer real-time possibilities for IP protection, evidence and registration at either the registry stage or in the court when it comes to questions of data security and privacy concerns – a hot topic of recent times. It also provides a cost-effective way to accelerate such processes.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In the world of IP, blockchain technologies offer real-time possibilities for IP protection, evidence and registration at either the registry stage or in the court when it comes to questions of data security and privacy concerns – a hot topic of recent times. It also provides a cost-effective way to accelerate such processes.

Technology 52

Technology Patent IP Invention 52

LexBlog IP

AUGUST 4, 2021

Therefore, it seems that the correct interpretation of the law, based on the explicit text of the provisions as well as the clear, explicit, and true will of the legislature, is that CMOs are entitled to collect remuneration only for those rights holders: that they represent; with which they have signed written assignment contracts; and.

Copyright 52

Copyright Related Rights Television Law 52

Kluwer Copyright Blog

JUNE 7, 2023

This examined the problem of authors’ remuneration: authors’ contracts tend to result in disproportionately low revenues relative to the returns of investors and intermediaries. Importantly, the parties may not contract out of this right to readjustment. Reversion of rights That said, some balance is offered in the U.S.

Contracts 52

Contracts Derivative Work Intellectual Property Music 52

The IPKat

NOVEMBER 27, 2021

The topic of the intersection between private international law and IP law is continued in Chapter 2 by Graeme W. With a focus on common law jurisdictions, the author considers issues in cases of online IP disputes, including the Actavis v Lilly case, a textbook case in private international law textbooks.

Intellectual Property 144

Intellectual Property IP Law Privacy 144

TorrentFreak

JULY 13, 2022

Internet terminations are not the only topic of concern. Finally, the labels don’t want Bright House to bring up price-fixing allegations in the music industry, or allegations that some smaller artists are being exploited by music companies through terrible contracts. Spying, Price Fixing, and Exploitation.

Music 141

Music Contracts Copyright Infringement Copying 141

Technology & Marketing Law Blog

JANUARY 12, 2024

Why are we revisiting this crusty old topic? Worse, it’s not clear the users have a “possessory interest” in those bits due to the possibility that copyright and contract law that may limit what users can do with those bits. Instead of asserting copyright and trademark claims, they tried trespass to chattels.

Copying 74

Copying Ownership Derivative Work Contracts 74

Trading Secrets

JUNE 3, 2022

This blog post summarizes some of the significant decisions grouped by the hot topics below. After a four-day bench trial in August 2021, a Texas federal judge found in the defendant’s favor in a high stakes trade secrets dispute between two energy companies. in a trade secret and contract suit. In Oakwood Lab’ys LLC v.

Law 59

Law Confidentiality Designs Design 59

LexBlog IP

JANUARY 17, 2022

New for 2022, attendees will have the option to attend breakout sessions focusing on niche corporate matters and contracts, family businesses, startups and how to make informed real estate decisions. Topics and speakers. Breakout Session #1A, Anatomy of a Contract Dispute , presented by Scott Beatty, Esq.

Registration 52

Registration Contracts Business 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]. The case clarifies that the bar on arbitrability of trademark disputes is not an absolute one. b) Top 10 IP Judgments/Orders (Jurisprudence/Legal Lucidity) and.

IP 143

IP Intellectual Property Copyright Trademark 143

LexBlog IP

NOVEMBER 8, 2023

Thus, article 7 establishes a rebuttable presumption, which, in principle, functions as evidence and aims to facilitate: CMOs’ proof of: their IP or related rights; and their authority to draw up relevant contracts and collect relevant fees; and the judicial protection of the beneficiaries of these rights.

Music 52

Music Related Rights Law Contracts 52

LexBlog IP

NOVEMBER 30, 2021

In its second decision between the parties on this topic, the court has dismissed the appeal for lack of Article III standing in Apple Inc. The court rejected this because Apple neither showed that the validity of any single patent would affect those payments, nor that there was any contract dispute resolved by validity of the patents.

Settlement 52

Settlement Licensing Litigation Art 52

LexBlog IP

NOVEMBER 11, 2022

delivered by a Michigan federal jury for the breach of its contract with Versata Software and the misappropriation of Versata’s trade secrets. The dispute arose over a 2004 agreement between Versata and Ford for software that Versata developed to manage how components in Ford vehicles would be configured during assembly.

Cease and Desist 40

Cease and Desist Journalism Blogging Government 40

SpicyIP

DECEMBER 30, 2023

As in previous years, we have divided these developments into five categories: a) Top 10 IP Judgements/Orders (Topicality/Impact) b) Top 10 IP Judgements/Orders (Jurisprudence/Legal Lucidity) c) Top 10 IP Legislative and Policy Related Developments d) Other IP Developments; and e) Other Notable Developments. RDB and Co.

IP 124

IP Copyright Trademark Intellectual Property 124

LexBlog IP

JUNE 28, 2023

6) Any previous contracts with third parties that granted a licence to exploit the intangible asset and that the beneficiary may have concluded in the past – before the act of infringement – are crucial for this calculation. According to the Court, the plaintiff had provided only a general and abstract invocation of its damage.

Copying 52

Copying Copyright Law Copyright Editing 52

SpicyIP

MAY 4, 2023

The Proviso added to Section 17 prescribes that the rights of an author of original literary, dramatic, and musical work will be unaffected by the Producer’s ownership of the copyright in a cinematographic film and ownership of the employer on the work made under a contract of employment.

Music 98

Music Copyright Ownership Licensing 98

43(B)log

FEBRUARY 4, 2023

Contract instead of ©? Maybe we should mind, because the result is that creators working in unfamiliar topics and genres are being held to a different standard. 3) Judicial notice—rare; maybe inappropriate under FRE 201 which requires adjudicative facts “generally known” or “not subject to reasonable dispute.” Micropayments?

Copyright 59

Copyright Fair Use Privacy Derivative Work 59

The IPKat

JUNE 26, 2021

The present case has been tried under the Shorter Trials Scheme (a topic for another post, says Merpel.). Facebook raised a comprehensive series of objections: there were disputes on the scope, clarity of the amendments, added matter, obviousness, and sufficiency. Voxer counter argued that the patent was valid and infringed.

Invention 52

Invention Art Patent Contracts 52