Olartemoure Blog

NOVEMBER 17, 2021

Most legislations concerning work-for-hire are outdated, of difficult interpretation and heavily protect authors and discourage investors. But challenges are likewise around the corner for movie studios trying to produce in Latin America.

Intellectual Property 52

Intellectual Property Artwork Privacy Contracts 52

SpicyIP

JANUARY 17, 2022

Since the topic requires a full-fledged research paper with detailed arguments, the post only touches upon the constitutional and international law aspects to show that there is a strong logico-legal case worth investigating, for the R2R in India.) . The inclusion of data under material resources by the Srikrishna Committee (e.g.

Copyright Law 119

Copyright Law Copyright Law Art 119

IP and Legal Filings

MARCH 14, 2022

Article 6bis of the Convention fails to establish a period or tenure for an author’s moral rights, leaving it to the discretion of the Convention’s contracting parties. Facts: The plaintiff set out to complete the difficult undertaking after entering into a contract with the Central Public Works Department (defendant No.

Moral Rights 59

Moral Rights Copyright Contracts Law 59

Kluwer Copyright Blog

FEBRUARY 22, 2022

This ambition, and the resulting huge body of work (over 850 studies), inspired us to think about new ways to interpret this empirical literature, and to offer a state-of-the-art overview of the evidence on how copyright works in society. Finally, Thomas queries whether copyright or contract is the more apt regulator of online platforms.

Copyright 52

Copyright Public Domain Marketing Marketing 52

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

LexBlog IP

AUGUST 4, 2021

Interpretation. It seems that this is an incorrect interpretation of the applicable legal provisions for the reasons explained above. 3 of Law 2121/1993 “ The title (of a collecting society) may be established by a transfer of such economic rights for which protection is sought, or by grant of appropriate powers of attorney.

Copyright 52

Copyright Related Rights Television Law 52

43(B)log

JUNE 29, 2023

[Tort-based culture can’t be the full explanation because Pahlka documents these problems in places like military contracting where there’s no tort potential.] 1 ask of civil society: keep us involved in the process; no particular ask other than role in interpretation. Might be broken down by topic.

Law 52

Law Privacy Litigation Social Media 52

Trading Secrets

DECEMBER 21, 2021

It is important to understand what anti-SLAPP law applies in your jurisdiction and what jurisdictions your courts look to for interpretation of those laws. A restrictive covenant is a legal term for a clause in an employment contract (or a standalone agreement) that prevents an employee from doing something.

Confidentiality 69

Confidentiality Law Contracts Business 69

SpicyIP

NOVEMBER 8, 2023

Speaking of this topic, I can’t miss Bedaquiline , the first new drug to receive approval to treat tuberculosis (TB) in over 40 years, which raised serious questions about its marketing approval without mandatory Phase III clinical trials in India and around informed consent of Indian patients. “Ad-word” Read Anupriya’s excellent post here.

Trademark 59

Trademark Publishing Journalism Copyright 59

LexBlog IP

DECEMBER 21, 2021

It is important to understand what anti-SLAPP law applies in your jurisdiction and what jurisdictions your courts look to for interpretation of those laws. A restrictive covenant is a legal term for a clause in an employment contract (or a standalone agreement) that prevents an employee from doing something.

Confidentiality 52

Confidentiality Law Contracts Business 52

SpicyIP

JANUARY 9, 2023

Regarding the implication of the decision on IP, he interprets the judgment to extend the concept of State and its instrumentalities to include any in rem/ public action by anyone. CIC reiterates that clarifications on interpretations of a provision cannot be sought via an RTI application. State Of UP. Annapurna Films Pvt.

Trademark 105

Trademark IP Registration Reporting 105

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

SpicyIP

MAY 4, 2023

Image from here [Long post ahead] In a momentous development, the Bombay High Court made a bunch of important interpretations concerning the rights of the authors of underlying literary and musical works in light of the Copyright (Amendment) Act 2012. The court passed a joint order in Indian Performing Right Society Ltd. Rectifying the Past?

Music 98

Music Copyright Ownership Licensing 98

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. Jacques de Werra follows with Chapter 4, where he discusses research perspectives on contract law and IP. Law and literature in IP methodologies is the topic of Chapter 23, authored by Zahr K.

Intellectual Property 144

Intellectual Property IP Law Privacy 144

The IPKat

JANUARY 21, 2022

Recognising the challenges for performers in the position and enforcement of their rights, the book also includes discussion on other forms of protections and remedies for performers, such as moral rights, contracts, passing off and copyright infringement.

Moral Rights 128

Moral Rights Contracts Editing Related Rights 128

Trading Secrets

DECEMBER 19, 2023

The breadth of our discussions encompassed a spectrum of critical topics: FTC Proposes Rule Banning Use of Non-Competes. The DOJ has revised its policy for charging CFAA cases after the Supreme Court Van Buren ’s ruling that adopted a narrower interpretation of the statute’s “exceeding authorized access” in Van Buren.

Confidentiality 52

Confidentiality Litigation Business Law 52

Technology & Marketing Law Blog

SEPTEMBER 17, 2021

Although the number of published cases reporting factual information about emoji was in the single digits until just recently, and German courts have yet to develop a standard method of dealing with them, the topic is growing rapidly even though courts have some trepidation about it. Hesitation to display emoji in opinions. Evaluation.

Blogging 80

Blogging Social Media Publishing Reporting 80

LexBlog IP

MARCH 27, 2023

ChatGPT belongs to the field of AI known as natural language processing (NLP), in which computers are taught to understand and interpret the text of human languages, such as the English language. This is why ChatGPT seems so knowledgeable about a vast array of topics and subject areas. Again caveat emptor. For example, under U.S.

Intellectual Property 52

Intellectual Property IP Inventor Copyright 52

Trading Secrets

JUNE 3, 2022

This blog post summarizes some of the significant decisions grouped by the hot topics below. The court found that there was no contract establishing confidentiality, despite arguments that company policies protected the information from disclosure. in a trade secret and contract suit. In Oakwood Lab’ys LLC v. Thanoo , 999 F.3d

Law 59

Law Confidentiality Designs Design 59

Kluwer Copyright Blog

SEPTEMBER 29, 2022

Similar as what has been argued about the GDPR in this respect , the DMA should probably be interpreted in such way that gatekeepers cannot invoke their own IP rights to deny portability requests because that would risk eroding their right. Then should we consider them as contract-based rights?

IP 56

IP Ownership Marketing Marketing 56

LexBlog IP

JUNE 28, 2023

3) According to the Court, the term “sale” used in article 41 of the Copyright Law must be interpreted in a broad sense. For further information on this topic please contact Kriton Metaxopoulos at A & K Metaxopoulos & Partners Law Firm by telephone (+30 210 725 7614) or email ( k.metaxopoulos@metaxopouloslaw.gr ).

Copying 52

Copying Copyright Law Copyright Editing 52

Technology & Marketing Law Blog

JUNE 27, 2022

Third, this bill reaches topics well beyond children’s privacy. Instead, the bill repeatedly implicates general consumer protection concerns and, most troublingly, content moderation topics. Interpreted literally, it’s ludicrous to mandate businesses enforce every provision in their TOSes. New Regulations.

Privacy 138

Privacy Designs Design Business 138

LexBlog IP

DECEMBER 19, 2023

The breadth of our discussions encompassed a spectrum of critical topics: FTC Proposes Rule Banning Use of Non-Competes. The DOJ has revised its policy for charging CFAA cases after the Supreme Court Van Buren ’s ruling that adopted a narrower interpretation of the statute’s “exceeding authorized access” in Van Buren.

Confidentiality 52

Confidentiality Business Intellectual Property Law 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]. b) Top 10 IP Judgments/Orders (Jurisprudence/Legal Lucidity) and. c) Top 10 Other IP Developments. H Lundbeck A/S v. Hetero Drugs Ltd [Delhi High Court].

IP 143

IP Intellectual Property Copyright Trademark 143

The IPKat

JUNE 26, 2021

The present case has been tried under the Shorter Trials Scheme (a topic for another post, says Merpel.). Facebook presented this point as a squeeze over the prior art, and the Judge had interpreted the prior art in this way ([278]). Voxer counter argued that the patent was valid and infringed. But the Judge declined this submission.

Invention 52

Invention Art Patent Contracts 52

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

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. million for Ford’s breach of contract. Maxwell Goss also has an earlier post this year on the same topic that was published by The Michigan Law Journal. The jury awarded $22.39

Cease and Desist 40

Cease and Desist Journalism Blogging Government 40

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

Technology & Marketing Law Blog

JUNE 20, 2023

Barton Beebe’s empirical work on this topic. As a result, Time magazine canceled its contract to publish a 7,500-word excerpt shortly before the book’s publication. Nor does the subjective intent of the user (or the subjective interpretation of a court) determine the purpose of the use. In the first, Sony Corp.

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

BI had asked FDA to change its interpretation of the term “strength” as used in the BPCIA for parenteral solutions to mean “total drug content” without regard to concentration. BI argued that FDA’s current interpretation “encourages, or at least permits, brand sponsors to use minor concentration changes as an anti-competitive tactic.”

Litigation 52

Litigation Settlement Patent Marketing 52

Herbert Smith Freehills

MAY 31, 2022

As strange as it may seem, owning the "perceived defect" gave me the headspace to focus on the actual top priority on my list: I was about to move to the UK for my GDL and did not have a training contract yet. This curtailing of information is not just a hot topic across the pond, but also within Europe.

Music 52

Music Law Business Contracts 52

Technology & Marketing Law Blog

JANUARY 28, 2022

At some point, the parties discussed revisiting the contract terms; these discussions ended up blowing up the relationship. She argued that the language should be read to interpret “Designer’s Name” in the trademark sense (as limited by the rights JLM may have in the trademarks).

Social Media 90

Social Media Ownership Contracts Privacy 90