IIPRD

APRIL 13, 2023

Copyright Act, 1957 The Copyright Act’s Section 68 is proposed to be repealed under the legislation. In India, the topic of criminal punishment for copyright infringement has generated considerable controversy. The repeal of Section 68 does little. from INR one lakh to INR 10 lakhs).

IP 52

IP Copyright Infringement Copyright Government 52

Patently-O

SEPTEMBER 26, 2022

Of the 17 pending patent-focused petitions, 13 are set to be decided at the long conference. Topics: Enablement / Written Description (All three are biotech / pharma): 3 Cases; Infringement (FDA Labeling): 1 Case; Anticipation (On Sale Bar): 1 Case; Double Patenting (Still the law?) Mylan Pharmaceuticals Inc. , 4th 1013 (Fed.

Patent Law 125

Patent Law Law Patent Invention 125

Trading Secrets

DECEMBER 21, 2021

Overview of Non-Compete Legislation and Enforcement Issues from 2021. Legislation such as anti-SLAPP laws can have a dramatic impact on a litigant’s ability to bring or defend a claim. Overview of Non-Compete Legislation and Enforcement Issues from 2021. View the Recording. View the Recording.

Confidentiality 69

Confidentiality Law Contracts Business 69

LexBlog IP

DECEMBER 21, 2021

Overview of Non-Compete Legislation and Enforcement Issues from 2021. Legislation such as anti-SLAPP laws can have a dramatic impact on a litigant’s ability to bring or defend a claim. Overview of Non-Compete Legislation and Enforcement Issues from 2021. View the Recording. View the Recording.

Confidentiality 52

Confidentiality Law Contracts Business 52

IP Tech Blog

JANUARY 4, 2023

For more details on the topic of design and the metaverse in China see our previous blog post. A major pending case is Tarantino v. The way in which this still-pending case is decided may have lasting effects on how NFTs are protected in the US. Legislation and Policies. Business Use.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

SpicyIP

AUGUST 15, 2021

Topical Highlight. They highlight that this failure is typified by the stark realities that have come to light in a pending public interest litigation before the Bombay High Court [BHC], regarding access to life saving drugs. Ensuring Access to TB drugs: Is Compulsory License the Way?

Licensing 83

Licensing Government Reporting Patent Law 83

Technology & Marketing Law Blog

AUGUST 2, 2022

It’s an election year, and like clockwork, legislators around the country want to show they care about protecting kids online. This is almost certainly what the legislators actually want given their antipathy towards the Internet, but it’s not a good outcome for anyone. This bill does the same.

Social Media 85

Social Media Privacy Designs Design 85

The IPKat

DECEMBER 28, 2021

In their decision, the EBA found alternative legal basis for the prohibition against double patenting in Article 125 EPC , i.e. on the basis that the prohibition existed in the legislation of member states. The EBA concluded that the general prohibition against double patenting thus applied to cases of internal priority ( IPKat ).

Invention 67

Invention Publishing Patent Law 67

LexBlog IP

JANUARY 4, 2023

For more details on the topic of design and the metaverse in China see our previous blog post. A major pending case is Tarantino v. The way in which this still-pending case is decided may have lasting effects on how NFTs are protected in the US. Legislation and Policies. Business Use.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

The IPKat

SEPTEMBER 19, 2022

This year’s conference theme was neighbouring and special rights, but an extraordinary roundtable also found its way into to the programme to discuss the ever-unavoidable copyright topic: Article 17 of the DSM Directive [Katposts here ]. One such example relates to the blocking of content pending the resolution of a complaint.

Art 135

Art Copyright Law Related Rights 135

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. If we had to be more specific and identify one main protagonist, the answer would unequivocally be: Article 17. by Paul Keller.

Copyright Law 56

Copyright Law Copyright Blogging Trademark 56

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. After much coaxing, it was later found that APEDA incurred huge legal expenses on Basmati and litigations were pending worldwide (as of that post).

Registration 98

Registration IP Copyright Blogging 98

Technology & Marketing Law Blog

AUGUST 30, 2021

So why were the two parties still fighting about California law, after enactment of the federal legislation? While that appeal was pending, the district court certified the California case as a class action (on May 15, 2015). For details concerning this legislation, see my previous blog post on the Act. 3d 325 (S.D.N.Y.

Blogging 83

Blogging Copyright Settlement Music 83

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]. Thus, making clear and re-emphasizing the legislative intent that the business of licensing must be routed only through a copyright society. H Lundbeck A/S v.

IP 143

IP Intellectual Property Copyright Trademark 143

SpicyIP

JANUARY 9, 2023

Focusing on the language of the provision – Section 35(2AB), and the legislative intent behind it, the tribunal interpreted the terminology “on in -house” to not mean “within the premises” and held that the expenses incurred towards clinical trial conducted outside the approved facilities would be eligible for weighted deduction u/s.35(2AB).

Trademark 105

Trademark IP Registration Reporting 105

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).

Cease and Desist 115

Cease and Desist Copyright Government Publishing 115

Technology & Marketing Law Blog

FEBRUARY 20, 2022

Review of the FOSTA-SESTA legislative record suggests that legislators did not envision trafficked youth without a trafficker nor consider their unique needs. What is missing is the evidence to directly link technology to trafficking recruitment and exploitation to support these legislative efforts.

Blogging 104

Blogging Technology Editing Law 104

Technology & Marketing Law Blog

APRIL 27, 2022

Mostly, the judge accepts the R&R with only minor deviations favorable to Craigslist, ending some of the lawsuit and leaving plenty of topics for further proceedings. ” Most of the topics addressed in this ruling will eventually make it to the Ninth Circuit, either in this case or one of the others pending in the court system.

Blogging 103

Blogging Law Publishing Editing 103

LexBlog IP

JANUARY 16, 2024

6] Although a consolidated legislative text is yet to be finalised and formally approved, the provisional political agreement reached between the relevant institutions on the AI Act introduces specific guardrails for General Purpose AI (“GPAI”) systems (and the GPAI models they are based on). [7]

IP 52

IP Copyright Art Related Rights 52

Kluwer Copyright Blog

JULY 7, 2022

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 ). On the copyright/trade mark front at the EUIPO, a case on the registrability of the marks ‘ ANIMAL FARM ’ and ‘ 1984 ’ is still pending before the EUIPO’s Grand Board of Appeal.

Copyright Law 52

Copyright Law Copyright Law Publishing 52

Technology & Marketing Law Blog

JUNE 22, 2023

CJPA has passed the California Assembly and is pending in the California Senate. Instead, the CJPA takes an asinine, ineffective, unconstitutional, and industry-captured approach to this critical topic. For more on this topic, see Ashutosh A. The CJPA is none of that. Sadly, the California Assembly failed that test. .”

Journalism 89

Journalism Social Media Publishing Government 89

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. In Microsoft v.

IP 124

IP Copyright Trademark Intellectual Property 124

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 7, 2022

Post-Grant Legislative Proposals. Celltrion also filed a PGR petition against an additional Regeneron patent related to aflibercept in September 2021, which remains pending. Denials of institution – particularly the extent to which they are reviewable – have long been a contentious topic for the PTAB. See United States v.

Reporting 52

Reporting Art Invention Patent 52

LexBlog IP

DECEMBER 15, 2022

And while we’re on the topic of an opinion covering multiple interesting trade secret issues, the U.S. According to Adam says, that proposed statute has been relied upon for recently proposed legislation in Colorado, Oklahoma, West Virginia and Vermont.

Blogging 52

Blogging IP Confidentiality Intellectual Property 52

Technology & Marketing Law Blog

JANUARY 13, 2022

I will have more to say on this topic in a very lengthy FOSTA roundup blog post stuck in my queue. . § 1591 claim that survives CDA immunity… the asserted claims against Omegle are premised upon general, constructive knowledge of past sex trafficking incidents.” ” Cite to Doe v.

Blogging 88

Blogging Publishing Reporting Editing 88

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

Legislation and Executive Orders Relating to Biologics and Biosimilars. The tables below provide an overview of publicly available information regarding approved and select pending BLAs. Table 2 below shows selected pending biosimilar BLAs for which information is publicly available. Biosimilar Approvals and Launches in 2021.

Litigation 52

Litigation Settlement Patent Marketing 52

Trading Secrets

DECEMBER 29, 2022

Overview of Non-Compete Legislation and Enforcement Issues from 2022. Care should be taken to review state law as to new statutes affecting employee non-compete/non-solicit provisions and applicability with at least 20 states having new statutes and approximately 70 statutes pending. View the Recording. View the Recording.

Confidentiality 59

Confidentiality Business Law Contracts 59

LexBlog IP

DECEMBER 29, 2022

Overview of Non-Compete Legislation and Enforcement Issues from 2022. Care should be taken to review state law as to new statutes affecting employee non-compete/non-solicit provisions and applicability with at least 20 states having new statutes and approximately 70 statutes pending. View the Recording. View the Recording.

Confidentiality 40

Confidentiality Business Law Contracts 40

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. District Court for Delaware, who was most unhappy about the disclosure of litigation funding in several patent cases pending before him. More on that debate later.

Blogging 40

Blogging Litigation Intellectual Property Licensing 40

Technology & Marketing Law Blog

JUNE 20, 2023

Barton Beebe’s empirical work on this topic. The Eleventh Circuit has now joined the Ninth Circuit (opinion here ), and a petition for certiorari is pending. Before 2020, the Supreme Court decided only four fair use cases. In the first, Sony Corp. of America v. Universal City Studios, Inc. , Arguably, Google v.

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95

Technology & Marketing Law Blog

JANUARY 18, 2022

Students: this post surfaces numerous potential paper topics. Despite this post’s length, the only thing you will know with confidence after reading this post is that FOSTA is not a good solution to any problem. Cases are already going up on appeal, so there will be a lot more law coming on these issues soon. * * *. Ruling #1: Doe v.

Blogging 119

Blogging Reporting Publishing Law 119

LexBlog IP

MARCH 12, 2023

Staying on the topic of Rule 12(b)(6) motions, during the course of my review of these cases each month, I am seeing a trend by federal courts denying these motions on the trade secret claims but sometimes dismissing other tort claims. pending in the U.S. Are communications with the FBI about an opposing party privileged?

Blogging 52

Blogging Litigation Ownership Reporting 52

Technology & Marketing Law Blog

JUNE 19, 2023

Anything the Supreme Court says on that topic, other than a categorical rejection of the principle, will ignite litigation and regulation like we’ve never seen before. The Supreme Court’s opinion will affect dozens or hundred of pending lawsuits. See, e.g., PETA v. Tabek, 1:21-cv-02380-BAH (D.D.C. March 31, 2023).

Social Media 66

Social Media Government Web Design Law 66

Technology & Marketing Law Blog

SEPTEMBER 21, 2022

NetChoice and CCIA appealed the Fifth Circuit’s unexplained ruling to the Supreme Court via the “shadow docket,” and in June, the Supreme Court restored the injunction pending the issuance of the Fifth Circuit opinion. ” [Is there only one Constitutionally canonical way to exercise editorial discretion?].

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. Ally with trading partners; domestic legislation w/r/t, e.g., TM applications. Effect so far is very limited.

IP 59

IP Marketing Marketing Patent 59

LexBlog IP

MARCH 2, 2022

Both lawsuits are pending and, as they unfold, will illuminate how Republican-led state AG offices approach enforcement in 2022. Texas also led a bipartisan coalition of state AGs in another lawsuit against Google related to alleged “dark patterns” and misleading features to induce consumers to permit location tracking.

Privacy 52

Privacy Marketing Marketing Advertising 52

Kluwer Copyright Blog

OCTOBER 22, 2021

The topic of the liability of internet intermediaries has never been so contentious. This piece of legislation prompted criticism because it requires enhanced responsibility for Internet platforms that do not remove illegal content from their social media quickly enough. It was due to be implemented by Member States this last June.

Social Media 136

Social Media Copyright Copyright Infringement Technology 136