Kluwer Copyright Blog

JULY 5, 2021

It certainly feels like the CDSM Directive has been the hottest topic in copyright law for quite some time now. Article 17: (Mis)understanding the intent of the legislator by Paul Keller. Rewriting the history of the DSM Directive – Part 1 by Julia Reda (Part 2 here ). Photo by Simon Harmer on Unsplash. by Paul Keller.

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The IPKat

NOVEMBER 29, 2021

The recently issued conclusion (of 8 October 2021) by the Attorney General to the Dutch Supreme Court is worth discussing, as it gives an insightful analysis of a difficult topic: what are the limits to parody? Finding the legislative history to be outdated, the A-G approaches the concept of an image from a different angle.

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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Most legislations concerning work-for-hire are outdated, of difficult interpretation and heavily protect authors and discourage investors.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.

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SpicyIP

AUGUST 3, 2023

Prashant’s potent post on this topic titled “ The Uneasy Alliance between Basmati & IP ” discusses the issue since the RiceTec case and the politics around IP protection. However, in a tale of legislative fortune, India’s Bayh Dole Bill was withdrawn in 2014. The committee was to submit the report by June 2014. In 2008, Prof.

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The IPKat

AUGUST 6, 2023

The book’s 702 pages are chock full of the latest developments in IP law, along with the occasional assertion of 20–20 hindsight commemorating the 20 years of IPKat history. One could say that, as the work of the legislator became more difficult and slower, the Court stepped in to fill the “legislative vacuum”’.

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The IPKat

SEPTEMBER 30, 2022

Ricolfi sees the need to revise the classical paradigm of intellectual property not only by calling for the intervention of the legislator, but rather by rediscovering the classical elements of civil and private law: · role of the contract; · civil tort; · collective actions, recalling the importance of Directive 2020/1828.

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The IPKat

OCTOBER 25, 2022

The topic of the 28 October session is " Researching transnational law in the local context: what questions to ask, what methods to use and how can we study transnational law? " This year's distinguished speaker is The Rt Hon Lady Rose of Colmworth, who will give a talk entitled " When government sets prices: what can history teach us? ".

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The IPKat

NOVEMBER 15, 2021

Legislation such as the proposed EU AI Act will be also discussed. This year’s CIP Forum will cover a wide range of topics, from AI, IP management, 3D printing to diversity in innovation. as part of the Lecture Series by Instituut voor Informatierecht. The lecture will take place physically in Amsterdam as well as on Zoom.

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Kluwer Copyright Blog

JANUARY 26, 2023

9.610/98 ), which is complemented by the software protection legislation. The legislative debate The House of Representatives, in an effort to regulate AI, discussed and approved Bill 21/2020 on September 29, 2021. Following its approval it was sent to the Senate for discussion and to complete the legislative process.

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LexBlog IP

JANUARY 18, 2022

With apologies to those who prefer a classic menu, I’ll be approaching these topics in coming weeks in a mezze fashion, with several items arranged to whet your appetite and enrich your knowledge. Its website history states “it all started with a wild idea: to make the best extra virgin olive oil at an affordable price.”

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Kluwer Copyright Blog

NOVEMBER 29, 2021

In light of this, and also the fact that the Commission Guidance on Article 17 has now been published (a few days before the transposition deadline), Member States have shifted to higher speed in their legislative process. Italy (Giulia Priora). Why should you want to know? Don’t you mind about the future?”

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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.

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The IPKat

SEPTEMBER 12, 2022

This is the first in-person Congress since London hosted in 2019, so it was only apt that the first panel session was on the topic of IP and Covid-19. many countries prepared their legislation for compulsory licenses). Wolf returned to the IP incentivization topic, but noted there was also the important “access” to vaccine issue.

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Technology & Marketing Law Blog

JUNE 27, 2022

This job is especially challenging during an election year, when legislators rally behind the “protect the kids” mantra to pursue bills that are likely to hurt, or at least not help, kids. Third, this bill reaches topics well beyond children’s privacy. We don’t do “A-for-Effort” laws in the U.S.,

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IPilogue

JANUARY 14, 2022

For a review of Privacy legislation in Canada, check out Emily Prieur’s article published this week. Patent Prosecution History Now Admissible as Evidence. of the Patent Act was added to make patent prosecution history admissible as evidence in patent proceedings. Top 10 Most Read IPilogue Articles Published in 2021.

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Kluwer Copyright Blog

SEPTEMBER 7, 2022

Chapter 3 carries out a legal mapping of the topic of this report at EU level. We then briefly explain the legislative process leading to the adoption of the Directive, followed by a snapshot of the legal regime, including remarks relating to the European Commission’s stakeholder consultations and the Commission’s Guidance on art.

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The IPKat

JUNE 25, 2021

The book also brings in various associated topics such as the inter partes review proceedings at the USPTO, the handling of conflicts of interest, patent enforcement from a university perspective, the benefits to society of the patent system, the university treatment of data plus much more. It explores how IP underpins technology transfer.

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LexBlog IP

FEBRUARY 18, 2022

On the consumer protection side, the topic was initiating a Mag-Moss rulemaking concerning earnings claims – the statements that businesses may make when trying to encourage consumers to work for them or sell their product or service. So how did things roll out at the meeting? This ANPR is a big deal, and it will go on for years.

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SpicyIP

DECEMBER 15, 2023

Yurii Burylo argues that copyright law does not protect AI-generated works in most countries, but some countries have legislation that grants copyright to those who arrange for the AI system to produce the works.

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LexBlog IP

MARCH 2, 2022

Recent history suggests that the state attorneys general will use federal consumer financial laws to pursue deceptive marketing and advertising claims against companies that provide banking services, student aid services, and mortgages and reverse mortgages, among other services. Prediction No. 5: Focus on Technology and Platforms.

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LexBlog IP

JANUARY 9, 2023

Lots of big verdicts, legislation galore, the FTC showing its muscle, and the continuing preeminence of the DTSA, just to name a few developments. Russell Beck has published two posts ( here and here ) detailing the long history of trade secrets, starting with their protection in Roman times to today. More on that debate later.

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43(B)log

MARCH 25, 2024

NIFLA says that abortion is a controversial topic, making disclosures about abortion controversial; but NetChoice said that “ disclosures of social media censorship decisions” were not controversial. Now do the long history of state and private discrimination against nonwhites.] For similar reasons, the warnings were uncontroversial.

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Copyright Lately

AUGUST 22, 2021

Judge Trenga didn’t cite Philpot’s checkered history in his recent summary judgment order. Many scholars and public interest groups opposed the 2020 legislation, arguing that a cheaper, quicker adjudication process would only increase the number of filings brought by copyright trolls. But the jury is still out.

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Kluwer Copyright Blog

JULY 7, 2022

This is perhaps one of the most awaited judgemnts in the history of EU copyright law. Read more here , as well as here for further background on the DSA and the Opinion of the European Copyright Society (generally on the topic, see here ). You can read the previous round-ups here. CJEU judgments and AG Opinions. CISAC, Annual Report.

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Kluwer Copyright Blog

AUGUST 18, 2021

At the same time, there is a flush of policy initiatives, laws and legislative proposals that either problematize or downplay the importance of intellectual property rights for data. This is a topic that the Data Act will likely address. It is a further ambition of the E.U.

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IP and Legal Filings

MARCH 14, 2023

i] TK symbolises a worldview held by Indigenous Peoples all across the world by depicting society history, human growth, cultural ideology, and the creation of customary standards. [ii] In the end, it supported landmark legislation, such as the prohibition on biopiracy. [iv]

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LexBlog IP

NOVEMBER 10, 2022

Reddit is a popular website that allows users to post content in smaller, searchable forums devoted to certain topics. Although the Ninth Circuit concluded that the language of the statutes at issue was clear and unambiguous, it continued its analysis by looking at the legislative history surrounding the enactment of FOSTA.

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Copyright Lately

JANUARY 23, 2023

If you’re interested in doing a deeper dive into how all of this works, I recommend following Andres Guadamuz’s blog on the topic.) The legislative history of the 1976 Copyright Act explains that to violate the derivative works right, a new work must incorporate a portion of the underlying work.

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Technology & Marketing Law Blog

AUGUST 30, 2021

So why were the two parties still fighting about California law, after enactment of the federal legislation? The problem with Flo & Eddie’s argument was that it wasn’t completely crazy, except to someone steeped in this history. For details concerning this legislation, see my previous blog post on the Act.

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Technology & Marketing Law Blog

MAY 2, 2022

The court says the CFAA’s legislative history makes clear that it was intended to “apply only to private information—information delineated as private through use of a permission requirement of some sort.” The Supreme Court in Van Buren endorsed this approach. Comments from Kieran McCarthy.

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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. Towle, where “by Towle’s own admission, most of his customers were fans who ‘usually know the entire history of the Batmobile.’” Pay for your pleasure or shut up about it.

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JIPL Online

NOVEMBER 1, 2021

Instead, the lack of clarity on monetizing fan-created derivatives should be resolved with legislation that matches the current climate, or more likely by having individual game developers adopt universal standards that favor mod creators for mutual benefit. Donation based mods have existed in a grey area with few definite boundaries.

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Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

Legislation and Executive Orders Relating to Biologics and Biosimilars. Legislation and Executive Orders Relating to Biologics and Biosimilars. Federal Legislation. A slew of additional federal legislation related to biosimilars is in the pipeline. Biosimilar Approvals and Launches in 2021. Biosimilar Regulatory Updates.

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Technology & Marketing Law Blog

NOVEMBER 1, 2021

” He concludes: There are other tweaks I might be tempted to make to my own legislative handiwork if I were to find myself back in 1996, still holding the pen. ” “some of the greatest review writers in Epinions’ history, they were not professionals. 2) “Section 230 does not require political neutrality.”

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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. Florida Attorney General Case citation : Volokh v.

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Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 7, 2022

When it comes to post-grant practice, Fish’s history and presence are unmatched: We have handled more cases at the PTAB than any other firm, our attorneys routinely craft new law at the Federal Circuit, and we host the most innovative educational programs. Post-Grant Legislative Proposals. Post-Grant Legislative Proposals.

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The IP Law Blog

NOVEMBER 10, 2022

Reddit is a popular website that allows users to post content in smaller, searchable forums devoted to certain topics. Although the Ninth Circuit concluded that the language of the statutes at issue was clear and unambiguous, it continued its analysis by looking at the legislative history surrounding the enactment of FOSTA.

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