Patently-O

APRIL 28, 2022

I would further divide written description into two categories: new matter and Ariad -style. Thus we get: New Matter Written Description : Any amendments made to the claims during prosecution must be supported by the originally filed specification. 282 (as amended by AIA 2011). Of these for 112(a) rejection types.

Inventor 104

Inventor Invention Art Litigation 104

Technology & Marketing Law Blog

JULY 14, 2022

This is a troubling ruling on TOS amendments. It apparently requires clickthroughs to form TOS amendments, regardless of what the TOS specifies as the amendment process. Dropbox says it has amended its TOS twelve times since 2011, including adding the arbitration clause in 2014. [NB: I hope it’s not. * * *.

Contracts 108

Contracts Blogging Business Law 108

Technology & Marketing Law Blog

APRIL 11, 2023

I’ve posted a new 5,000 word article, The United States’ Approach to “Platform” Regulation. While I have written Section 230 explainers before ( this is my flagship ), this piece is broader because it surveys the First Amendment in addition to 230 and other topics. It highlights three key features of U.S.

Blogging 80

Blogging Government Law Publishing 80

TorrentFreak

MAY 30, 2023

lawmakers have considered amending legislation so that today’s online copyright issues can be addressed more effectively. Before any new laws or policies are introduced, the Government typically seeks input from stakeholders. The office is also open to new ideas for future anti-piracy strategies. For many years, U.S.

Government 102

Government Copyright Copyright Law Copying 102

SpicyIP

FEBRUARY 27, 2024

Notably, during the 2012 copyright amendment, intriguing discussions emerged, such as this ghost Post questioning if Performance under the Copyright Act is confined to live performances (See also here ). Then, Arundathi Venkataraman discussed the topic using the case of Garcia v. That’s all from my end. (By Well … not really!

Non-Fungible Tokens 59

Non-Fungible Tokens Copyright Business Moral Rights 59

SpicyIP

SEPTEMBER 11, 2023

He wrote detailed posts on this topic later here and here. Talking about this topic, the issue of Judicial Recusals also shouldn’t be left untouched – an issue that has been the heart of several IP controversies, notably the Novartis dispute. Both of these questions were answered in the negative.

IP 105

IP Reporting Plagiarism Government 105

Kluwer Copyright Blog

FEBRUARY 8, 2024

According to a Eurobarometer survey , 77% of European Union consumers would rather repair their goods than buy new ones. One of these measures is the proposal to amend the Design Directive by including a specific repair clause for design protection. The amendment relevant to this blogpost concerns the Design Directive.

Designs 73

Designs Design IP Art 73

The IPKat

JANUARY 5, 2022

This requirement usually manifests with a request from the Examiner for the description to be amended to identify the closest prior art. In contrast to other types of description amendment, amending the description so as to mention known prior art seems a relatively innocuous requirement. Not a robot?

Art 113

Art Patent Application Patent Invention 113

The IPKat

SEPTEMBER 12, 2021

In this series, the blog's authors offer answers to 21 topical copyright questions for the 21st century. It reviews the basic issues on the topic, then elaborates on the importance of performers’ rights for creative industries and the main debates and developments in the area. Last week’s post is dedicated to performers’ rights.

Blogging 67

Blogging IP Publishing Copyright 67

TorrentFreak

JANUARY 24, 2024

Early last year, a group of filmmakers obtained a subpoena, requesting Reddit to reveal the identities of users who commented on piracy-related topics. Reddit I, II and III A California federal court eventually agreed with this defense , concluding that Redditors’ First Amendment rights outweigh the interests of rightsholders.

IP 99

IP Copying Copyright 99

IIPRD

APRIL 8, 2024

This question even after a broad reading of the Indian Copyright law remains unanswered, demanding an amendment in the present law or more clarity on the same by the way of judicial decisions. This still stands as an extremely contentious topic. Anderson v.

Art 52

Art Artwork Intellectual Property Copyright Law 52

The IPKat

MARCH 6, 2022

In addition, potential and tangible intersections between intellectual property and these trending topics were recently discussed by The Trademark Lawyer Magazine. The main trend has been to amend existing national copyright laws in light of the new provisions of the Directive.

Blogging 85

Blogging Non-Fungible Tokens IP Intellectual Property 85

The IPKat

APRIL 20, 2022

A Kat in desperate need of a coffee GuestKat Gabriele Girardello shared with us the trends and topics covered at the “Pharma & Biotech Patent Litigation” conference in Amsterdam, which he attended on 14-16 March 2022. Lastly, our PermaKat Eleonora Rosati shared new information regarding the next (in-person!)

Intellectual Property 67

Intellectual Property Reporting Designs Design 67

The IP Law Blog

FEBRUARY 1, 2024

The question in that case was whether the creator of an expressive work, a work that enjoys First Amendment protection, could be liable under the Lanham Act and state right of publicity laws for using a celebrity’s name in the title of that expressive work. AJ Press was founded by two journalists who used to write for Politico.

Television 113

Television Trademark Law Registration 113

The IP Law Blog

JUNE 10, 2021

New York’s post mortem right-of-publicity statute recently came into effect. Its previous right-of-publicity laws were an extension of its statutory right of privacy which provided that “any person whose name [or likeness] is used within [New York] for advertising [or trade] purposes without.

Privacy 85

Privacy Music Law Advertising 85

The IPKat

FEBRUARY 13, 2022

The IP blogs have been active over the past week bursting with a wide range of different topics. Recently, as part of the amendment to the Copyright Act, the Austrian government intended to introduce a provision subjecting the new publisher's right to mandatory collective management. In 2021, there was a 14.4%

Blogging 52

Blogging IP Copying Copyright 52

TorrentFreak

DECEMBER 13, 2023

The instant success of ChatGPT and follow-up releases of other large language model-based tools kickstarted what many believe is a new revolution. At the same time, however, it has ignited many new worries. With more than 10,000 responses, it is clear that the topic is close to the hearts of many people.

Publishing 135

Publishing Licensing Copyright Copying 135

The IPKat

NOVEMBER 24, 2023

The perennial topic of anguish, anger, anxiety, annoyance, etc amongst patent attorneys and litigators, alike. With the Unified Patent Court (UPC), a new dimension arrives. Accelerated EPO oppositions. Patent litigation strategists are not just plotting out their timelines of national proceedings v EPO, but also the UPC.

Contracts 113

Contracts Journalism Litigation Publishing 113

The IPKat

JULY 30, 2021

As readers may know, the German parliament recently adopted amendments of the German Patent Act (GPA) as the final step of a reform process that spanned nearly two years [final version (German) here , earlier Katpost here , news coverage here ]. For his parting post, he returns to Germany and patent injunctions.

Patent Law 95

Patent Law Law Patent Intellectual Property 95

LexBlog IP

JANUARY 24, 2024

Last year saw the introduction of Law 4996/2022, which brought significant changes to IP legislation in Greece, amending several provisions of the existing Copyright Law 2121/1993 as well as Law 4481/2017 on Collective Management. Law 4996/2022 was implemented into the Greek legislation EU Directive 2019/789. Audiovisual works are excluded.

Copyright Law 52

Copyright Law Law Copyright Television 52

IP and Legal Filings

JANUARY 15, 2024

The act, which was passed to protect the rights of female employees and to ensure their physical and financial security during maternity, has been amended to take modern societal standards and economic factors into account. It built on the 1957 amendment.

Law 84

Law Government Publishing Business 84

IP Tech Blog

JUNE 6, 2022

We discuss these amended rules below. The New Rules. Significantly, the new rules announced by CAP prohibit all gambling ads which ‘strongly’ appeal to under-18s (regardless of whether such ads are more or less likely to appeal to adults than they are to under-18s). and BCAP rules 17.4.5 High Risk Content / Approaches.

Advertising 57

Advertising Advertising Social Media Publishing 57

IPilogue

MARCH 21, 2022

Labelling the work as a “creation”, as opposed to an “output” or “generation”, has been the topic of global debate. Create a new set and unique set of rights for AI-generated works. AI’s capability to outperform natural persons is just one of the reasons why its authenticity as an author, sole or joint, is controversial.

Registration 120

Registration Copyright Intellectual Property Public Domain 120

LexBlog IP

JUNE 21, 2023

For example, as previously discussed, one of the House draft bills proposes the establishment of a new regulatory agency to oversee college NIL activities. The draft Senate bill grants the NCAA greater authority in managing NIL instead of creating a new regulatory body. On the Senate side, Sens.

Law 40

Law Contracts Licensing Reporting 40

LexBlog IP

JUNE 6, 2022

We discuss these amended rules below. The New Rules. Significantly, the new rules announced by CAP prohibit all gambling ads which ‘strongly’ appeal to under-18s (regardless of whether such ads are more or less likely to appeal to adults than they are to under-18s). and BCAP rules 17.4.5

Advertising 52

Advertising Advertising Social Media Publishing 52

Technology & Marketing Law Blog

JUNE 1, 2022

Given the strength of the 11th Circuit decision, it would be ideal to have that opinion frame SCOTUS’s consideration of the topic. However, Texas’ law does introduce new and terrible policy ideas, such as the mandatory transparency requirements that have no equivalent among traditional media. ” I agree. ” WHAT?

Social Media 122

Social Media Blogging Law Technology 122

The IPKat

OCTOBER 31, 2021

Between spooky skeletons and sleigh bells ringing, there are new IP events and conferences coming up in early November. Professors Amy Adler and Jeanne Fromer will draw their comments on the mentioned topics, based on their forthcoming article in the NYU Law Review. Here comes this week’s miscellany roundup.

Intellectual Property 67

Intellectual Property Intellectual Property Law Social Media IP 67

LexBlog IP

FEBRUARY 1, 2024

The question in that case was whether the creator of an expressive work, a work that enjoys First Amendment protection, could be liable under the Lanham Act and state right of publicity laws for using a celebrity’s name in the title of that expressive work. AJ Press was founded by two journalists who used to write for Politico.

Television 52

Television Trademark Registration Government 52

TorrentFreak

APRIL 24, 2023

Last October a huge coalition of rightsholders called on the EC to introduce new law that would compel intermediaries to take pirate streams offline within minutes of a complaint. From: TF , for the latest news on copyright battles, piracy and more. The EC refused and offered existing law as the solution.

Reporting 108

Reporting Advertising Advertising Law 108

The IPKat

SEPTEMBER 21, 2022

Rothschild and the case implications for first amendment protection and artistic expression regarding the furry Metabirkins to be of particular interest. Returning to the trendy IP topic de-jour, the panel discussed the copyright aspects of NFTs and their application to decades old commercial agreements in Miramax, LLC v.

IP 76

IP Reporting Designs Design 76

LexBlog IP

APRIL 29, 2022

We have discussed it a lot here, but lately, new FTC leadership hasn’t said all that much about it. Being able to cancel such subscriptions easily has been a frequent FTC topic of late. That year, the FTC also initiated a TSR Rulemaking.

Business 52

Business Law Litigation Marketing 52

Velocity of Content

OCTOBER 21, 2021

Work that started back in 2016 with a public consultation exercise appears to have reached its close with the news that the Parliament approved amendments on September 13 th that are expected to be enacted into law this November. Additional details on this topic are available in a recent post at JDSupra, entitled “ Filter Future?

Licensing 105

Licensing Copyright Intellectual Property Reporting 105

IP Tech Blog

DECEMBER 3, 2021

Several platforms urgently need to change their game mechanics to comply with new rules. It is worth noting that this Guidance has not amended the Codes. In the Practice Statement on the new Guidance, CAP and BCAP stated that the question of whether random-item purchasing should be classified as gambling is outside of their remit.

Advertising 67

Advertising Advertising Publishing Reporting 67

The IPKat

FEBRUARY 21, 2022

As many of our readers know one of the most recurrent tax-related topics that come into discussion in the IP field is the so-called Patent Box (sometimes also - more properly - defined as the Innovation Box since it is not all about patents ). The first modification that was proposed concerned the system of the tax incentive.

Designs 70

Designs Design Patent IP 70

Michael Geist

SEPTEMBER 21, 2022

The programs that have been introduced – the Local Journalism Initiative, the Journalism Labour Tax Credit, and the Digital News Subscription Tax Credit offer some hope , provided they maintain a neutral, transparent implementation that does not favour legacy companies over new, innovative services.

Government 94

Government Journalism Advertising Advertising 94

The IPKat

AUGUST 1, 2022

25, was replaced by the new ST.26 26, and the introduction of the new WIPO software for preparing ST.26 26 format applies to any new applications filed on or after 1 July 2022 (regardless of priority date). Sequence listings are used by patent offices to search the prior art for the listed sequences. 26 standard. 26 standard.

Patent Application 82

Patent Application Patent Copying Publishing 82

Technology & Marketing Law Blog

MAY 11, 2022

It’s also unclear if a service could thread content by topic, or if topical organization also would be an “algorithm.” In effect, this dictates to social media platforms how they can editorially organize content, an obvious no-no under the First Amendment. It could also be a First Amendment problem (e.g.,

Social Media 143

Social Media Privacy Law Government 143