topics rebuttable-presumptions 
The IPKat
MAY 8, 2022
The Registrar maintained that, given that no plausible connection existed between GTS and the famous footballers, there was a “rebuttable presumption of bad faith”, which GTS had failed to overcome. In any case, the General Court in NEYMAR did not base its decision on any rebuttable presumption of bad faith.
LexBlog IP
FEBRUARY 7, 2024
In the EU, legislators are seeking to address this issue through the proposed AI Liability Directive [14] which, among other things, seeks to clarify how to prove fault on the part of certain AI providers and/or users, and introduces a rebuttable presumption of a causal link in the case of fault as well as certain disclosure rules.
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LexBlog IP
MAY 4, 2022
On 15 June 2020, GEA, a Greek CMO (representing artists and producers) applied to the First-Instance Court of Athens, arguing that the presumption of legitimisation (ie, representative power) provided in its favour by article 7 of Law 448/2017 introduced an extended copyright licence (as opposed to a simple mandatory collective management licence).
LexBlog IP
JANUARY 12, 2022
Further, the procedural presumptions provided in article 7 of Law 4481/2017 in favour of CMOs are rebuttable and have been set to facilitate the probative legitimacy of CMOs. Emphasis added.) (4). K ey arguments. or idaroussou@metaxopouloslaw.gr ).
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. Further, article 7 of Law 4481/2017 sets out the following presumptions: 1.
SpicyIP
FEBRUARY 12, 2024
Last week we published 9 posts on topics such as our comments on the proposed Trademarks (1st Amendment) Rules, the Madras High Court’s decision with respect to patentability of business methods, and Union Minister of State for Commerce’s response on ability of the current IPR regime to cater concerns arising out of AI generated work.
Fish & Richardson Trademark & Copyright Thoughts
FEBRUARY 7, 2022
Denials of institution – particularly the extent to which they are reviewable – have long been a contentious topic for the PTAB. The Bill also includes “a rebuttable presumption” in favor of consolidation “if the multiple proceedings…are of like type and are filed reasonably close in time.” Institution Reviewability.
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