Kluwer Copyright Blog

FEBRUARY 8, 2024

In the Commission’s proposal , the so-called Repair Clause is the hottest topic. This clause, integrated in article 19, is one of the most politically controversial aspects of design law policy in the EU. Design law, however, is not the only IP regime regulating this topic.

Designs 73

Designs Design IP Art 73

The IPKat

JANUARY 15, 2023

Building on relevant EU legislative instruments, the Commission will encourage Member States and private parties to use the tools available in EU law to tackle illegal online transmission of live content more efficiently. Potential topics include – but are not limited to! – upcycling); Green patents.

Intellectual Property 67

Intellectual Property Intellectual Property Law IP Journalism 67

Herbert Smith Freehills

MAY 6, 2022

The session will cover a range of topics include navigating Belt and Road disputes; the introduction of adjudication in Hong Kong; and the potential cost of meeting zero-carbon commitments in Asia. Add the current turbulence in the world's political landscape and we could see a notable increase in disputes generated by the Asia markets. .

Settlement 52

Settlement Publishing Reporting Marketing 52

TorrentFreak

OCTOBER 8, 2021

This liability for online services is a hot topic on the political agenda and it’s at the center of several lawsuits in U.S. Both parties agreed on a confidential settlement agreement. courts as well. Lawsuits Target VPN Piracy. Last month, they indicated to the court that an agreement was being finalized.

Copyright 141

Copyright Settlement Confidentiality IP 141

The IPKat

OCTOBER 9, 2023

Such period of non-publication is meant to protect the applicant against imitation by a third party (and therefore, loss of “novelty”) in case the applicant needs some time before making a subsequent application. It should allow designers to control the timing of publication of their designs, in line with their broader design strategy-goals.

Designs 70

Designs Design Law Trademark 70

The IPKat

JUNE 25, 2021

It places intellectual property issues in technology transfer into their historical and political context whilst also exploring the development of these intersecting domains for innovative research universities. The book offers great insights into this area and its practical implications. It explores how IP underpins technology transfer.

Intellectual Property 52

Intellectual Property Technology Higher Education IP 52

LexBlog IP

JULY 28, 2022

This is a very unusual position for a body generally considered to be more administrative than political. Extension of time for proceedings for parties established in Ukraine. The EUIPO also indicated that it would ensure that the address provided by parties are consistent with the internationally recognised borders of Ukraine.

Intellectual Property 52

Intellectual Property Government Designs Design 52

IP Tech Blog

JULY 28, 2022

This is a very unusual position for a body generally considered to be more administrative than political. Extension of time for proceedings for parties established in Ukraine. The EUIPO also indicated that it would ensure that the address provided by parties are consistent with the internationally recognised borders of Ukraine.

Intellectual Property 57

Intellectual Property Government Designs Design 57

SpicyIP

NOVEMBER 6, 2023

Issues such as delayed information sharing, political tensions impacting collaboration, and prioritising national interests over global cooperation contributed to the failure to effectively implement the IHR, hampering a unified response. However, during discussions, these two topics have been the main points of disagreement.

IP 59

IP Intellectual Property Publishing Technology 59

SpicyIP

JUNE 19, 2022

Pause to think ) A patent is a (1) time-specific (2) legal claim on a (3) qualified (novel, non-obvious) invention, given to the patent owner, to permit the (4) exclusion of certain types of acts with those inventions (5) by third parties. Nya: Uh yes, yes, thanks.

IP 119

IP Fair Use Invention Copyright 119

43(B)log

MARCH 25, 2024

21, 2024) The sudden shift in the political valence of the commercial speech doctrine strikes again! Moreover, the government may not demand a private party “undertake contextual analyses, weighing and balancing many factors. R J Reynolds Tobacco Co. Food & Drug Admin., 2024 WL 1208111, F.4th 23-40076 (5 th Cir. 4th 760 (5th Cir.

Advertising 64

Advertising Advertising Social Media Government 64

Technology & Marketing Law Blog

AUGUST 21, 2023

That topic is expressly at issue in the FLA and TX social media censorship cases). One oddity: the court instructs both parties “not to remove or otherwise make unavailable the videos cited in the complaint until the appellate process has run its course.” What was YouTube thinking???

Contracts 84

Contracts Social Media Blogging Law 84

Technology & Marketing Law Blog

SEPTEMBER 19, 2021

1) per the express terms of Section 230 , Internet services still face “responsibility” for many types of third-party content, including federal criminal prosecutions, IP, ECPA, and FOSTA. Virtually every Internet service curates third-party content topically or thematically, such as message board topical threading.

Social Media 99

Social Media Government Blogging Publishing 99

IP and Legal Filings

JANUARY 15, 2024

It also covered topics including job security and workplace discrimination against expectant workers. Advocacy and Political Momentum: Advocates for women’s rights, labour unions, and other advocacy groups pushed for a federal family and medical leave policy during the 1980s and the early 1990s. It built on the 1957 amendment.

Law 80

Law Government Publishing Business 80

The IPKat

AUGUST 4, 2021

The subjective intentions, manners of use, or damage to the parties could be factors for reference. When a sign’s overall intrinsic meaning does not cause a negative impact on the public nor the public order concerning politics, economy, culture and ethnicity, etc., While the ‘???’

Intellectual Property 62

Intellectual Property IP Law Registration 62

IPilogue

JANUARY 14, 2022

However, even if the nature of the parties’ trades differ, trademark owners may still find recourse against spoofed versions of their marks through claiming depreciation of goodwill under section 22 of the Trademarks Act. This was based partly on the similarity of the trademarks and the overlap of the goods (both offering baked goods).

IP 106

IP Copyright Infringement Inventor Intellectual Property 106

Patently-O

SEPTEMBER 26, 2022

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?) Although the internal politics are always unclear, this often means that the USPTO does not fully agree with the Gov’t position. 21-1327.

Patent Law 125

Patent Law Law Patent Invention 125

LexBlog IP

FEBRUARY 18, 2024

The political repercussions of the past year have driven out all controversial proposals of the ANPRM. All that remains today is uneventful procedural codifications, and minor changes in party submission formats. all of the controversial topics have been dropped). Well, the wait is almost over.

Settlement 52

Settlement Publishing Patent Intellectual Property 52

Kluwer Copyright Blog

MAY 9, 2023

TLDR Generative AI is one of the hot topics in copyright law today. Introduction Generative AI is one of the hot topics in copyright law today. Does such an output infringe on a copyrighted work of a third party, especially those works “ingested” during the training stage of the AI system?

Copyright 138

Copyright Fair Use Copyright Law Law 138

Velocity of Content

JANUARY 20, 2023

This webcast series was created by CCC to help facilitate important conversations on critical topics related to standards. Judging by the participation in the Sustainability webcast in particular, and in this series overall, that our community is deeply invested in the topic and looking to achieve very high goals and meaningful outcomes.

Government 98

Government Blogging Publishing Marketing 98

Technology & Marketing Law Blog

OCTOBER 16, 2023

Those same restrictions also apply to authors; before they can publish content online at third-party services, the services need to check the authors’ ages. The court continues: “what is ‘in the best interest of children’ is not an objective standard but rather a contentious topic of political debate.” their website).

Designs 78

Designs Design Privacy Business 78

Fish & Richardson Trademark & Copyright Thoughts

APRIL 1, 2022

Director review has not been a panacea for parties facing adverse final written decisions from the board. The acting director has used the power to review and vacate decisions sparingly, granting just three party requests and denying well over a hundred others. If timely, resets the 63-day deadline for filing a notice of [8].

Patent 52

Patent Art Technology Law 52

TorrentFreak

NOVEMBER 26, 2021

In common with all complex pieces of legislation, the final text will probably fall short in meeting everyone’s demands but at the moment, interested parties are doing whatever they can to ensure that their interests are taken care of. Rapid copyright takedowns, trusted flaggers, and other types of enforcement are all hot topics.

Due Diligence 120

Due Diligence Music Business Copyright 120

Kluwer Copyright Blog

JUNE 7, 2023

The inaugural lecture was organised by Dr Martin Husovec and Dr Luke McDonagh of the London School of Economics and Political Science. Importantly, the parties may not contract out of this right to readjustment. Such autonomy enables the stronger party to impose a favourable jurisdiction in the first place.

Contracts 52

Contracts Derivative Work Intellectual Property Music 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. Obviously this opinion won’t be the final word on the NY law.

Social Media 64

Social Media Law Publishing Blogging 64

Technology & Marketing Law Blog

AUGUST 15, 2022

” Third-Party Content. Instead, most plaintiffs go the Roommates.com route by arguing that the UGC service, through its editorial involvement, became an ICP of the third-party content. The law was designed to foster a ‘true diversity of political discourse.’ .” Publisher/Speaker Claims.

Publishing 102

Publishing Privacy Blogging Intellectual Property Law 102

Technology & Marketing Law Blog

MAY 25, 2022

The opinion tackles one of the hottest topics in Internet Law: do UGC services engage in editorial functions protected by the First Amendment? The most likely parties to take advantage of this access right are bad-faith actors like spammers and trolls, and it would be socially wasteful to treat them like legitimate users.

Social Media 97

Social Media Law Blogging Publishing 97

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

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. s allegations seek to hold craigslist liable as a publisher or speaker of a third party’s content.

Blogging 103

Blogging Law Publishing Editing 103

Technology & Marketing Law Blog

NOVEMBER 1, 2021

” His solution: build an infomediary that allows web users to share their content with third parties using custom-set reader-specific permissions. 2) “Section 230 does not require political neutrality.” Dr. Vint Cerf. inventors keep finding new applications of the infrastructure.

Journalism 101

Journalism Government Technology Privacy 101

IP and Legal Filings

DECEMBER 21, 2023

The States are required to provide “the same opportunities to participate actively in sports and physical education” to “men and women” according to Article 10(g) of this treaty, which deals with the topic at hand. 26] The CEDAW is without a doubt the most significant convention in the realm of women’s rights.

Reporting 68

Reporting Journalism Government Law 68

Technology & Marketing Law Blog

JANUARY 13, 2022

” Third-Party Content. I will have more to say on this topic in a very lengthy FOSTA roundup blog post stuck in my queue. “the information and content at issue here was in fact generated by a separate content provider, John Doe. The Second Amended Complaint recounts that C.H.’s ” Cite to Doe v.

Blogging 88

Blogging Publishing Reporting Editing 88

Technology & Marketing Law Blog

NOVEMBER 26, 2021

This lawsuit involves the first rule, which restricts off-topic comments. ” As evidence, the plaintiffs pointed to other off-topic comments that hadn’t been removed. The off-topic rule is, by definition, a content-based restriction on speech. This injunction only applies to the “off-topic” rule.

Social Media 105

Social Media Government Designs Design 105

Technology & Marketing Law Blog

JANUARY 18, 2022

Students: this post surfaces numerous potential paper topics. So obviously this is a quite expansive view of what it means to “create” third-party content. Publisher/Speaker Claims & Third Party Content. Cases are already going up on appeal, so there will be a lot more law coming on these issues soon. * * *.

Blogging 119

Blogging Reporting Publishing Law 119

Kluwer Copyright Blog

JUNE 21, 2021

But one topic has hardly been addressed so far: the international application of Art. On the contrary, the DSM Directive’s political goal of further harmonization of Union law would be reversed. The contribution is an abridged version of an expert opinion produced for a party from the content area.

Art 85

Art Law Related Rights Marketing 85

Kluwer Copyright Blog

NOVEMBER 17, 2021

In order to bring readers up to date on earlier developments, over the next few days we will be republishing in four parts an article (originally published in “Auteurs & Media”) summarising case law from 2015 to 2019 organised by topic. This first part covers the definition of a work, authorship and moral rights.

Moral Rights 52

Moral Rights Law Copyright Copyright Law 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 exceptionalism.

Social Media 120

Social Media Law Publishing Reporting 120