SpicyIP

JANUARY 2, 2022

This year, we have divided these developments into three categories: a) Top 10 IP Judgments/Orders (Topicality/Impact). b) Top 10 IP Judgments/Orders (Jurisprudence/Legal Lucidity) and. Top 10 Judgments/Orders [Topicality/Impact]. c) Top 10 Other IP Developments. H Lundbeck A/S v. In H Lundbeck A/S v.

IP 143

IP Intellectual Property Copyright Trademark 143

IP Tech Blog

JANUARY 4, 2023

The challenge becomes even bigger if NFTs are to be commercialized, exploited, and protected in different jurisdictions and at the same time — particularly when those markets include China, where protection for a foreign NFT creator or exploiter may face unique challenges. 1008] was filed by Shenzhen Qice Diechu Cultural & Creative Co.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

LexBlog IP

JANUARY 4, 2023

The challenge becomes even bigger if NFTs are to be commercialized, exploited, and protected in different jurisdictions and at the same time — particularly when those markets include China, where protection for a foreign NFT creator or exploiter may face unique challenges.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

43(B)log

FEBRUARY 4, 2023

Naama Daniel, Lost in Transit – How Enforcement of Foreign Copyright Judgments Undermines the Right to Research Copyright is territorial, but the internet is not; different scopes of protection. Heated debate on countries about enforceability of IP judgments; kept out of int’l convention. Can’t get them dismissed early.

Copyright 59

Copyright Fair Use Privacy Derivative Work 59

LexBlog IP

NOVEMBER 8, 2023

The judgment also dealt with the presumption of management and protection representative authority for CMOs. The claimant also had the presumption of legalisation for all national and foreign beneficiaries and for all their works.

Music 52

Music Related Rights Law Contracts 52

Technology & Marketing Law Blog

FEBRUARY 15, 2023

These choices constitute “editorial judgments” which are protected by the First Amendment… the Hateful Conduct Law requires social media networks to disseminate a message about the definition of “hateful conduct” or hate speech—a fraught and heavily debated topic today. 4th 1196, 1210 (11th Cir.

Social Media 64

Social Media Law Publishing Blogging 64

LexBlog IP

JUNE 2, 2023

This has sometimes led to irreconcilable judgments on validity and infringement. The UPC, as a single Court, is expected reduce the likelihood of conflicting judgments from different national courts as enforcement is effective across all participating Member States. Proceedings were issued in parallel across multiple jurisdictions.

Patent 52

Patent Government Litigation Blogging 52

LexBlog IP

APRIL 3, 2023

This decision “endeavour[ed]” to “achieve harmonisation of basic principles of law” with other international standards and foreign decisions while taking into account differences among the national laws of different countries. The decision generally may be viewed as favorable to SEP owners.

Licensing 52

Licensing Technology Intellectual Property Patent 52

LexBlog IP

MARCH 24, 2023

borders to regulate foreign companies operating almost entirely overseas. These topics were discussed in the context of drunk elephants and dog poop.) are appealing a $115 million judgment, almost $90 million of which was tied to sales of infringing products by foreign entities abroad. Hetronic Int’l, Inc.,

Trademark Law 52

Trademark Law Trademark Law Artistic Work 52

Technology & Marketing Law Blog

JUNE 21, 2022

As my Content Moderation Remedies paper showed, this topic is way more complicated than a binary remove/leave up dichotomy. In other words, I don’t think Zauderer –a recent darling of the pro-censorship crowd–is the right test (I will have more to say on this topic).

Social Media 120

Social Media Law Publishing Reporting 120

Technology & Marketing Law Blog

SEPTEMBER 21, 2022

Also, I’m not including the many foreign-based services over 50M MAU, but some of them may be subject to the Texas law as well. Unlike newspapers, the Platforms exercise virtually no editorial control or judgment. And then virtually everything else is just posted to the Platform with zero editorial control or judgment… ).

Social Media 137

Social Media Publishing Law Blogging 137

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. Examples: policies facilitating illegitimate access to foreign companies’ IP. But what is this nonmarket approach? USTR has objected for years.

IP 59

IP Marketing Marketing Patent 59