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The attention of this SpecialKat was recently drawn to the decision of the Nigerian Court of Appeal in Banire v NTA-Star TV Network Ltd regarding the question of authorship and ownership of copyright in photographs used for advertising purposes and the issue of image rights in Nigeria. Image of camera: Unsplash.
Trade mark ownership is an important consideration for any business. Unfortunately however, while seemingly obvious, the concept of ownership is sometimes overlooked and can be more complex than originally imagined. At this point, it may be too late! Let’s start with the legislation – a very good place to start.
Amongst other things, the Act also establishes a National Rights Registry (NRR ) , which is the central repository collating details pertaining to the ownership of various copyright works. In August , Nigeria’s National Assembly passed the Bill for an Act to Repeal the Copyright Act, Cap C28 LFN, 2004 and enact a New Copyright Act 2022.
The decision is lacking though because the court does not ground its decision in any particular contract or property tradition. Although it did not state directly, the court appears to have based its contract interpretation on federal patent law as it has done in prior cases. MLB Advanced Media, L.P., 3d 1284 (Fed.
In Nigeria, Airtel Nigeria Limited neglected to renew their contract with actor and filmmaker Adewole Ojo to use his photographs for advertisements. The Bill repealed the previous Copyright Act of 2004 and ratified outstanding copyright treaties including the Marrakesh Treaty. Katpost on that here. Katpost on the ruling here.
OK, that’s a clear breach of contract, but how is it copyright infringement? It’s copyright infringement because an exclusive license is a transfer of copyright ownership. That’s important, because in order to be valid, a “transfer of copyright ownership” must be made in a signed writing. 17 U.S.C. § 201(d)(2). 204(a) ). (A
Priority: Applicant ADOL proved that it first used the subject marks in the United States in April 2004. As in Moreno , the agreement the written agreement between Illyrian and GKS did not give Illyrian any ownership interest in the marks, but only a license permitting it to use the marks as the distributor of the brandy. ADOL Sh.p.k.
In 2004, the Ninth Circuit eviscerated it (in the Rossi case) by requiring plaintiffs to show that senders subjectively believed their takedown notices were abusive. Diebold from 2004, which led to a $125k damages award. As I’ve blogged many, many times on this blog (see list below), 512(f) has been a complete failure.
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. In a piece for Live Law, Eashan Ghosh critically analyses Section 22(4) of the Indian Designs Act, 2004. Other News from Around the World.
To expedite market entry and avoid delays in formalizing an assignment or license agreement, parties sometimes rely on verbal agreements, which are considered valid under Indian Contract Law. Hence, the IP laws do not mention backdated assignment agreements; the only requirement laid down is that the agreement should be in writing.
In September 2020, Governor Newsom signed into law the California Affordable Drug Manufacturing Act of 2020 (SB 852), which would allow the state’s Health and Human Services Agency to contract with drug manufacturers and suppliers to produce and distribute its own label of biosimilars, biosimilar insulins, and generic drugs. Sandoz , 964 F.3d
However, the introduction of fractional ownership and tokenisation has made real estate investing more accessible to smaller investors. [1] 1] Fractional ownership allows multiple individuals to co-own a property, whereas tokenisation allows for the digital representation of each of these ownership interests on a blockchain.
This is achieved through a provision under which contracting parties may require applicants to file information on traditional cultural expressions and traditional knowledge relevant to the eligibility for registration of the design. On January 16, the Delhi High Court in Saga Musica Private Limited vs Roger David and Ors.
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