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Africa IP highlights 2023: Reforms in IP policy, legislation and administration

The IPKat

This post is the third and final instalment in the “Africa IP Highlights 2023" series of posts highlighting some of the key developments in IP in Africa in 2023. As previously stated, the Africa IP Highlights 2023 is the result of collaboration between myself and Clarisse Mideva ; Rita Chindah ; and Jessie Mgonga.

IP 65
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The EUIPO has published the second phase of its research on Automated Content Recognition (ACR) technologies

The IPKat

On September 22, 2022 , the European Union Intellectual Office (EUIPO), through its European Observatory on Infringements of Intellectual Property Rights, published a discussion paper entitled " Automated Content Recognition: IP Enforcement and management use cases ".

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EU law: Generative AI, copyright infringements and liability – My guess for a hot topic in 2024

Kluwer Copyright Blog

Similarly, AI output can be deemed a rights-infringing reproduction if the original can be recognised in it. The CJEU based its ruling on this issue in “Pelham” on the aspect of recognisability when it came to the related right of the record producer under Article 2 of the InfoSoc Directive (2001/29) ( C-476/17 – Pelham ).

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Does food flavouring constitute a “work”?

LexBlog IP

dishes and seasonings) as works of IP. (1) Culpable IP infringement The copyright holder is eligible for compensation and restitution of their moral damages in case of culpable IP infringement. Compensation presupposes culpability and infringement of IP (or related rights) (i.e.,

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EUROPEAN COURT OF JUSTICE: Judgment in Joined Cases C?775/21 and C?826/21

LexBlog IP

NATURE OF THE CASE The above decisions dealt with requests for a preliminary ruling related to the interpretation of Article 3 of Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society. 2) Does Article 3 of Directive 2001/29/EC.

Music 52
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EU copyright law round up – third trimester of 2021

Kluwer Copyright Blog

and Right to Know CLG challenged a decision by the European Commission to not grant (free and public) access to harmonised standards adopted by the European Committee for Standardisation (CEN). 4(2) of Regulation (EC) No 1049/2001 ) was that doing so would undermine the copyright protection of the standards at issue.

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Germany: Liability of hosting providers under copyright law if they have breached a duty of care – The German BGH ends mere ‘Stoererhaftung’

Kluwer Copyright Blog

The situation was only different, according to the BGH, in the exceptional cases where providers intentionally collaborated with their customers to commit rights infringements. The “ uploaded III ” case also concerned the infringement of rights of communication to the public via the aforementioned file hosting and sharing service.