Kluwer Copyright Blog

MAY 11, 2023

These contract law provisions, totally alien to the Irish legal tradition, are designed to apply in negotiations and contractual relationships between artists and commercial exploiters of their works, including social media platforms and streaming services.

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Copying Copyright Law Copyright Social Media 102

Technology & Marketing Law Blog

MARCH 10, 2022

Breach of Contract : Plaintiffs only alleged a contract claim, based on breach of a non-compete, against the one defendant who had signed the non-compete. 201 (Spring 2013). Gutman , JLM, the bridal wear company was successful at the PI stage precisely because it asserted trademark and contract claims. (NB: TELECOMM. &

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Social Media Contracts Ownership Business 98

IIPRD

JANUARY 5, 2023

However, to a lesser extent, other IP laws like the Trademark Act and the Designs Act will also be important. The contract makes a significant difference when it comes to the right in respect to works utilised in films, even though the music composers in the example above may still assert a royalty claim for non-film works. 7] CISAC v.

Intellectual Property 98

Intellectual Property Cinema Ownership Music 98

IP and Legal Filings

JANUARY 31, 2022

Application for establishment of BO/LO/PO in India may be submitted by the non-resident entity in Form-FNC to the designated AD Category-I bank and the AD Category-I bank after due diligence shall forward a copy of the Form-FNC along With details to the General Manager, Reserve Bank of India, New Delhi for allotment of Unique Identification Number.

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Due Diligence Business Design Designs 94

The IPKat

MARCH 27, 2022

A very popular design of one of these boots is based on a traditional Spanish riding boot - the Regina boot or Heeled Regina - which looks like the below (and for a closer look click here ). Although their products have the "country" look and feel about them, the products aren't designed for serious country wear.

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Design Designs Copying Art 52

Trading Secrets

SEPTEMBER 30, 2022

As a conclusion to this webinar , we compiled a summary of takeaways: A restrictive covenant is a legal term for a clause in an employment contract (or a standalone agreement) that prevents an employee from doing something. Vast majority of cases involve misappropriation by electronic means.

Contracts 75

Contracts Confidentiality Business Litigation 75

SpicyIP

JULY 27, 2021

The Centre for Communication Governance at National Law University Delhi (CCG) was established in 2013 to ensure that Indian legal education establishments engage more meaningfully with information law and policy, and to contribute to improved governance and policy making. About the Centre for Communication Governance.

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IP Intelligence

FEBRUARY 22, 2022

Recently the Federal Circuit reversed a district court’s grant of summary judgment of no invalidity of a design patent under the on-sale bar provision of 35 U.S.C. § In 2013, Larry Junker sued defendants for infringing US D450,839 (the D’839 Patent), in the U.S. Medical Components, Inc. , 2021-1649 (Fed. Wells Elecs., 55, 67–68 (1998).

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Design Designs Design Patent Contracts 52

Patently-O

JANUARY 19, 2024

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. The quote above comes from the employment agreement.

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IP and Legal Filings

NOVEMBER 23, 2024

Smart contracts automatically execute IP-related agreements, such as licensing or distribution deals, ensuring compliance without the need for manual intervention. Recent developments include e-filing and expedited examination procedures designed to facilitate registration. India became a part of the protocol in 2013.

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Branding Brands Branding Technology 104

LexBlog IP

FEBRUARY 22, 2022

Recently the Federal Circuit reversed a district court’s grant of summary judgment of no invalidity of a design patent under the on-sale bar provision of 35 U.S.C. § In 2013, Larry Junker sued defendants for infringing US D450,839 (the D’839 Patent), in the U.S. § 102. Medical Components, Inc. , 2021-1649 (Fed.

Design 52

Design Designs Design Patent Contracts 52

The IPKat

MAY 12, 2023

The defendant - Mr Aughton - had been developing software for over 50 years and was employed by PQ from 1989 as a software developer and was appointed a director in 2013. Peripheral issues relating to Mr Aughton's duties under his employment contract overlapped with these three core issues.

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Copyright Infringement Copyright Confidentiality Copying 67

Trading Secrets

MARCH 22, 2022

But for famed wedding dress designer, Hayley Paige Gutman, she certainly is ruing the Second Circuit’s recent decision to revive its 1999 holding of Ticor Title Ins. Included within the JLM contract were certain restrictive covenants, including a non-competition agreement, as well as various intellectual property assignment provisions.

Social Media 59

Social Media Contracts Confidentiality Business 59

Trading Secrets

JUNE 24, 2021

As a conclusion to this webinar , we compiled a summary of takeaways: A restrictive covenant is a legal term for a clause in an employment contract (or a standalone agreement) that prevents an employee from doing something. Vast majority of cases involve misappropriation by electronic means.

Contracts 52

Contracts Confidentiality Litigation Business 52

SpicyIP

JULY 19, 2021

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. News from India.

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Advertising Advertising Non-Fungible Tokens Intellectual Property 105

Copyright Lately

OCTOBER 25, 2021

” They argued that had Twain really written the book, Clemens’ estate would own the copyright and Harper would have the exclusive right under contract to publish it. The humanized skeleton figure on the right is Curly, a character designed for Scholastic’s popular “Goosebumps” series of books. Warner Bros.

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Copyright Cinema Copying Copyright Infringement 144

Intepat

JUNE 17, 2024

Automatic registration will occur in designated countries if the trademark office does not raise any objections during a period of 12 and 18 months. Afterward, they notify the designated member countries, which then examine the application according to their national laws. Allows payment of one set of fees.

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Technology & Marketing Law Blog

OCTOBER 28, 2022

That’s not what the statute is designed to prevent. Instead, as described by the district court in Nosal II , “[t]he common definition of the word ‘access’ encompasses not only the moment of entry, but also the ongoing use of a computer system.” Nosal II , 930 F.Supp.2d 2d 1051, 1063 (N.D. –RyanAir v.

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Blogging Cease and Desist Business Litigation 111

LexBlog IP

NOVEMBER 12, 2023

All Lease Contracts related to Real Estate Property governed by this Law must be registered with the Real Estate Regulatory Authority (RERA). If the tenant uses the property for a different purpose than specified in the lease contract or violates planning and construction regulations, eviction may occur.

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LexBlog IP

DECEMBER 21, 2023

The makers of Ad Astra , on the other hand, submitted their script to CAA in November 2013, with an additional script in May 2015. The court also found that Jones didn’t enter into any implied contract with the agency or studios, and thus could not allege breach of contract. 1] Phillip Madison Jones v.

Copying 52

Copying Contracts Copyright Infringement Television 52

Kluwer Copyright Blog

FEBRUARY 22, 2023

Part I addresses decisions in the areas of scope of protection, exploitation rights, exceptions and limitations, and copyright contract law. Following the 2013 BGH decision Geburtstagszug , several lower courts afforded copyright protection in the area of applied art despite only a minor degree of individual character.

Copyright 52

Copyright Law Copyright Law Contracts 52

Kluwer Copyright Blog

AUGUST 18, 2021

Under the 2013 version of the Public sector information directive, public sector bodies (excluding public broadcasters and a few other institutions) were already obliged to allow maximum (commercial) re-use of information that is publicly accessible under national laws. and not charging fees for re-use. 1(6) Open data directive).

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Government Database Right Intellectual Property Copyright 55

Trading Secrets

DECEMBER 21, 2021

At the workshop, legal scholars, economists, and policy experts reviewed the current state of the law and economic literature on non-compete clauses in contracts between employers and employees. Most often, restrictive covenants are designed to prevent a departing employee from competing with his/her former employer for clients or business.

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Confidentiality Law Contracts Business 69

The TTABlog

APRIL 6, 2022

GKS and Opposer cannot contract around the legal principle that a licensor’s use does not inure to the benefit of the licensee. Opposer argues, in essence, that as the distributor/licensee, it is entitled to rely on its supplier/licensor’s use to prove priority (i.e., Thus, according to Illyrian, ADOL knew that GKS had the superior right.

Ownership 52

Ownership Registration Trademark Contracts 52

43(B)log

AUGUST 5, 2021

Standard debate assumes semi omniscience of designer neutrally concerned with social welfare. Bespoke systems are often underutilized by their own designers and outmoded. Examples: Vessel Hull Design Protection Act. A: don’t know what it means for design of legal systems unless paired with theory about aims of legal systems.

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IP Invention Design Designs 45

LexBlog IP

MAY 11, 2023

Designated Areas If you are a foreigner or an expat planning to buy an off-plan property in the UAE, as per the laws of UAE you are not eligible to own a property in any area that you wish. Upon the completion of this step you will receive the initial contract of sale which will be issued by the Land Department of the concerned emirate.

Government 40

Government Due Diligence Ownership Registration 40

LexBlog IP

DECEMBER 21, 2021

At the workshop, legal scholars, economists, and policy experts reviewed the current state of the law and economic literature on non-compete clauses in contracts between employers and employees. Most often, restrictive covenants are designed to prevent a departing employee from competing with his/her former employer for clients or business.

Confidentiality 52

Confidentiality Law Contracts Business 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 3, 2023

in 2013 from the University of Virginia School of Law and was a member of the Virginia Journal of Law and Technology. Sara’s IP litigation experience includes both patent litigation and trade secret misappropriation litigation, which often also include various associated breach of contract and business torts. Chet received his J.D.

Intellectual Property 52

Intellectual Property Journalism Intellectual Property Law Litigation 52

LexBlog IP

APRIL 15, 2022

At the same time, art fairs such as West Bund Art & Design [3] and ART021 Shanghai Contemporary Art Fair [4] have brought together top galleries, artists, and art lovers from around the world, contributing to large volumes of international art transactions and accelerating the integration of China’s art market with the global art market.

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Art Marketing Marketing Artwork 52

SpicyIP

JANUARY 2, 2022

Particularly, it was argued that against the backdrop of the pandemic, the medicines produced were in high demand due to their characteristics of relieving some of the major symptoms exhibited by the patients who had contracted the Covid-19 virus. Saregama India Limited v. Next Radio Limited [Supreme Court].

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IP Intellectual Property Copyright Trademark 143

Fish & Richardson Trademark & Copyright Thoughts

MARCH 8, 2021

The authors also look to lawmakers at the federal and state levels, who considered a variety of legislative proposals relating to biologics and biosimilars designed to improve patient access, encourage commercialization, and reduce costs. Companies are already taking advantage of these new designations. Biosimilar Regulatory Updates.

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Settlement Licensing Design Designs 40

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

The biosimilar pathway was designed to increase competition for biologics and reduce healthcare costs. Note that FDA still has not designated any biosimilar as interchangeable to its reference product. As noted above, companies are already taking advantage of these new designations. Introduction. Federal Legislation.

Litigation 52

Litigation Settlement Marketing Marketing 52

Trading Secrets

DECEMBER 29, 2022

It is not enough to simply assume that the new hire will know and abide by his or her obligations, and requires a proactive approach, which may require the company to consider its hiring paperwork (are your current contracts sufficient to protect your interests?), its training procedures, and its off-boarding policies. View the Recording.

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Confidentiality Business Law Contracts 59

LexBlog IP

JUNE 7, 2023

SEP Registration The Proposal establishes a “Competence Centre” within the EUIPO (which currently focuses solely on trademarks and design rights) to set up and maintain an EU-wide register for SEPs. Key Provisions and Critical Assessment 1. 5] Registration of SEPs will be mandatory for enforcement purposes. [6] 7] Article 24. [8]

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Licensing Patent Confidentiality Registration 52

IP and Legal Filings

MAY 3, 2023

The Copyright , Designs and Patents Act of 1988 in the United Kingdom specifies in Section (1)(1)(a) that copyright exists in “original literary, dramatic, musical, or artistic works.” It was written with a distinct style and message. Yet the Act does not define what “original” clearly means. 1] [1916] 2 Ch 601. [2] 2] [1964] 1 All ER 465. [3]

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Copyright Public Domain Copying Publishing 98

LexBlog IP

DECEMBER 29, 2022

It is not enough to simply assume that the new hire will know and abide by his or her obligations, and requires a proactive approach, which may require the company to consider its hiring paperwork (are your current contracts sufficient to protect your interests?), its training procedures, and its off-boarding policies. View the Recording.

Confidentiality 40

Confidentiality Business Law Contracts 40

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

2021 saw several important milestones in the biosimilars space, including the much anticipated first interchangeable designations by FDA and the approval of the first ophthalmology biosimilar. Starting in 2013, state legislators nationwide have enacted laws regulating biosimilar substitution. Introduction. State Legislation.

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