Intellectual Property Pulse

Ten things to know about NFTs

The IPKat

JUNE 13, 2022

NFTs enable the sale of new media [In case you didn't already know] an NFT is a blockchain-based token, or unit of value, with a unique ID that is linked to a specific asset. This can apply even to the creator, where they have contracts and agreements in place that control the use of their own work. Mentioned previously here ].

Non-Fungible Tokens

Non-Fungible Tokens Advertising Advertising Ownership

Methods of Commercializing Intellectual Property – Part I

Intepat

JUNE 19, 2023

It is an outright sale of the intellectual property, the result of which is that the owner is absolutely relieved from the risks, obligations and responsibilities of maintenance associated with concerned intellectual property and nor is the buying party burdened with the covenant to pay regular royalties. The ownership is not transferred.

Intellectual Property

Intellectual Property Due Diligence Ownership Invention

[Guest post] Conference report: ‘The Fashion Marketplace: Law and Policy’

The IPKat

NOVEMBER 9, 2021

Topics ranged from the trends being seen in online fashion commerce post-pandemic, to counterfeiting issues and how to deal with them, through to the legal changes and updates coming up that will impact both marketplaces and the brands that use them.

Reporting

Reporting Law Due Diligence Branding

LLC or Corporation: What Is Best for Your Startup?

LexBlog IP

MARCH 6, 2023

The roles can be defined by a contract, known as an Operating Agreement, between the LLC and its Members. Operating Agreement The most important document in an LLC’s toolbox is the Operating Agreement. Operating Agreement The most important document in an LLC’s toolbox is the Operating Agreement.

Business

Business Government Contracts Intellectual Property

Supreme Court of China casted punitive damages upon post-settlement-agreement repeated patent infringement

The IPKat

FEBRUARY 23, 2023

This post discusses a recent patent case in which the Supreme People’s Court of China (SPC) awarded punitive damages upon post-settlement-agreement repeated infringement. For those who are interested in this topic, the chapter might be a fun read. Shelly: 'Oops!…You You did it again ?' One month later, a settlement was reached.

Settlement

Settlement Patent Infringement Patent Intellectual Property

SpicyIP Weekly Review (June 28 – July 4)

SpicyIP

JULY 5, 2021

Topical Highlight. He notes that the Court considered this dispute concerning the breach of a trademark licensing agreement as arbitrable and referred it to arbitration. He notes that the Court considered this dispute concerning the breach of a trademark licensing agreement as arbitrable and referred it to arbitration.

Intellectual Property

Intellectual Property Trademark Licensing Copyright

No "German injunction gap" expedition in Abbott v Dexcom global diabetes battle, as Mr Justice Mellor expresses "some regret"

The IPKat

SEPTEMBER 12, 2021

Background Abbott and Dexcom compete in the sale of glucose monitoring devices for diabetes. They also have a major distribution hub for their Freestyle Libre products in Germany, which serves the whole of Europe (which includes the UK), Middle East and Asia Pacific. But no such luck for Abbott, " regret[tably] ".

Litigation

Litigation Patent Marketing Marketing

SpicyIP Weekly Review (August 9 – 15)

SpicyIP

AUGUST 15, 2021

Topical Highlight. However, the difficulties in reaching an agreement on the manufacturing and distribution of Covid-19 vaccines, medications, and diagnostics geared at supporting an inclusive recovery is the most important task facing the WTO. Ensuring Access to TB drugs: Is Compulsory License the Way?

Licensing

Licensing Government Reporting Patent Law

California’s Proposed Fix to the Journalism Crisis Is Unconstitutional and Worse Than Socialism (Comments on the California Journalism Protection Act, CJPA)

Technology & Marketing Law Blog

JUNE 22, 2023

Instead, the CJPA takes an asinine, ineffective, unconstitutional, and industry-captured approach to this critical topic. The CJPA creates a royalty pool of the “revenue generated through the sale of digital advertising impressions that are served to customers in the state through an online platform.”

Journalism

Journalism Social Media Publishing Government

Athens court rules on moral damages in software infringement case

LexBlog IP

JUNE 28, 2023

3) According to the Court, the term “sale” used in article 41 of the Copyright Law must be interpreted in a broad sense. 5) Thus, the usual fee is defined as that which a prudent licensor would demand and a prudent licensee would accept to pay if they had entered into a licence agreement knowing all the relevant circumstances.

Copying

Copying Copyright Law Copyright Editing

SpicyIP Weekly Review (July 12 – 18)

SpicyIP

JULY 19, 2021

Topical Highlight. NFTs (Non-fungible tokens), which act as a certificate of ownership for whatever the creator puts up for sale, allow artists to set their preferred terms of contract while making sales. The Cinematograph (Amendment) Bill 2021: Overbroad, Disproportionate and Unnecessary. Resonance Digital LLP & Anr.

Advertising

Advertising Advertising Non-Fungible Tokens Intellectual Property

A Seismic Ruling Undone: California’s Sound Recording Copyright Statute Does Not Include Public Performance Rights—Flo & Eddie v. Sirius XM (Guest Blog Post)

Technology & Marketing Law Blog

AUGUST 30, 2021

Court of Appeals for the Ninth Circuit held that California Civil Code section 980(a)(2) , which grants “exclusive ownership” of a sound recording fixed before February 15, 1972, to its “author,” provides only an exclusive right of reproduction and distribution, and does not provide an exclusive right of public performance. 17-55844 (9th Cir.

Blogging

Blogging Copyright Settlement Music

ChatGPT and Intellectual Property (IP) related Topics

LexBlog IP

MARCH 27, 2023

This is why ChatGPT seems so knowledgeable about a vast array of topics and subject areas. answering a different intended question or providing information about a different topic). Without a confidentiality agreement in place, such disclosure would likely be considered to be public. Again caveat emptor. ” Id.

Intellectual Property

Intellectual Property IP Inventor Copyright

U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

Technology & Marketing Law Blog

JUNE 20, 2023

Similarly, when an artist lawfully creates a derivative work based on a photograph, and copies of that derivative work are reproduced and distributed to the public, ordinarily the owner of copyright in the photograph and the owner of copyright in the derivative work are entitled to royalties. Barton Beebe’s empirical work on this topic.

Fair Use

Fair Use Derivative Work Blogging Licensing

50 CENTS OF ADVICE: NEGOTIATE FAVORABLE PROVISIONS AND RETHINK RECORD LABEL AGREEMENTS

JIPL Online

FEBRUARY 25, 2021

INTRODUCTION – THE RECORD AGREEMENT. The record label business model is simple – labels are in the business of selling and distributing recorded music that they didn’t create. [1] The record label business model is simple – labels are in the business of selling and distributing recorded music that they didn’t create. [1]

Music

Music Ownership Copyright Law Contracts

Biosimilars 2021 Year in Review

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

The biosimilar market also exhibited continued growth, with multiple biosimilar developers reporting strong sales of biosimilars through 2021. In addition, biosimilar uptake in the United States has continued to trend upwards, with several companies announcing strong biosimilar sales in 2021. Introduction. Neulasta ® (Amgen).

Litigation

Litigation Settlement Patent Marketing

Catching Up on Recent FOSTA Developments (None of Them Good)

Technology & Marketing Law Blog

JANUARY 18, 2022

Students: this post surfaces numerous potential paper topics. trafficking when they enter into agreements with traffickers to share proceeds of advertisement revenue earned from child pornography videos posted to their websites, and actively employ tactics to make it difficult for law enforcement to locate traffickers.

Blogging

Blogging Reporting Publishing Law

Intellectual Property Pulse

Ten things to know about NFTs

Methods of Commercializing Intellectual Property – Part I

Trending Sources

[Guest post] Conference report: ‘The Fashion Marketplace: Law and Policy’

LLC or Corporation: What Is Best for Your Startup?

Supreme Court of China casted punitive damages upon post-settlement-agreement repeated patent infringement

SpicyIP Weekly Review (June 28 – July 4)

No "German injunction gap" expedition in Abbott v Dexcom global diabetes battle, as Mr Justice Mellor expresses "some regret"

SpicyIP Weekly Review (August 9 – 15)

California’s Proposed Fix to the Journalism Crisis Is Unconstitutional and Worse Than Socialism (Comments on the California Journalism Protection Act, CJPA)

Athens court rules on moral damages in software infringement case

SpicyIP Weekly Review (July 12 – 18)

A Seismic Ruling Undone: California’s Sound Recording Copyright Statute Does Not Include Public Performance Rights—Flo & Eddie v. Sirius XM (Guest Blog Post)

ChatGPT and Intellectual Property (IP) related Topics

U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

50 CENTS OF ADVICE: NEGOTIATE FAVORABLE PROVISIONS AND RETHINK RECORD LABEL AGREEMENTS

Biosimilars 2021 Year in Review

Catching Up on Recent FOSTA Developments (None of Them Good)

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