The IPKat

AUGUST 31, 2022

by Marianna Ryan Decentralised Autonomous Organisations (DAOs) are a new type of quasi-corporate entities, existing with the use of blockchain and smart contracts. The idea of DAO is not that new with the most well-known DAO (uninventively called “ The DAO ” ) dating back to 2016.

Ownership 134

Ownership IP Contracts Inventor 134

Nelligan Law

JUNE 23, 2023

the Ontario Court of Appeal considered whether an independent contractor has a duty to mitigate when a fixed term contract for services is terminated.   Background The appellants hired the respondent as an independent contractor for a fixed term of 72 months. It distinguished its 2016 landmark decision in Howard v.

Contracts 98

Contracts Law Blogging 98

Technology & Marketing Law Blog

FEBRUARY 13, 2022

Contracts are a state-law issue. And online contracts, even though they exist in the friction-less, boundary-less world of the internet, are also generally governed by state-law principles. There are relatively few state-court cases with outsized influence in the law of online contracts. 2016) 245 Cal.App.4th

Blogging 116

Blogging Contracts Law Privacy 116

Technology & Marketing Law Blog

MARCH 2, 2023

In 2016, Congress enacted the Consumer Review Fairness Act (CRFA), which bans businesses from trying to contractually restrict their customers’ reviews. At the time of passage, I’m not sure how many businesses were actually using contracts to control their customers’ reviews, but it was a growing trend.

Contracts 81

Contracts Social Media Business Blogging 81

Technology & Marketing Law Blog

MARCH 29, 2022

She played the game virtually every day from 2016-19–over 10,000 hours worth–and spent over $9,000 on in-game transactions. ” Breach of Contract. The alleged breaches appear to be the game’s failure to enforce possible contract breaches by other users. ” Products Liability. Implications.

Contracts 122

Contracts Advertising Advertising Confidentiality 122

Patently-O

FEBRUARY 10, 2022

The court explained that in that situation, “pricing and contracting negotiations in the United States alone do not constitute or transform those extraterritorial activities into a sale within the United States for purposes of §271(a).” 2016) on remand from 579 U.S. ” Halo Elecs., Pulse Elecs., 3d 1369 (Fed.

Patent 126

Patent Contracts Invention Designs 126

TorrentFreak

APRIL 22, 2022

Sometime in 2016, I discovered there were recorded songs of musicians and bands on the internet that were not being monetized. Using MediaMuv, we entered a contract with Y.T. We also entered contract with a third-party company, A.R., I began searching for these songs and uploading them to [YouTube], as mp3 files.

Music 145

Music Ownership Contracts Reporting 145

The IPKat

JANUARY 27, 2023

In this 650-paragraph judgement , the court ruled that students can in certain situations be “consumers” vis a vis the university under the Unfair Terms in Consumer Contracts Regulation 1999/2083) (UTCCR). In Oct 2013, Mr. Jing commenced his DPhil studies (PhD equivalent), signing a contract which included the University’s IP Provisions.

Inventor 98

Inventor IP Contracts Invention 98

Technology & Marketing Law Blog

FEBRUARY 27, 2022

But before they get there, these courts must first decide whether AA’s terms and conditions constitutes a valid and enforceable contract, and whether TPG assented to its terms. dispute back in the Ninth Circuit in 2016. Breach of Contract 2. Tortious Interference with a Contract 3. Power Ventures, Inc. Facebook v.

Cease and Desist 124

Cease and Desist Blogging Contracts Social Media 124

Kluwer Copyright Blog

FEBRUARY 8, 2024

Typically, in the case of scholarly publications, authors are publicly funded through payment under a standing contract with a university or research institute, or through project funding, including EU funding. Copyright in a work made for hire resides in the author of the work, unless the commission contract provides otherwise.

Publishing 132

Publishing Contracts Art Copyright 132

IP and Legal Filings

APRIL 1, 2024

CONTRACT OF SERVICE AND CONTRACT FOR SERVICE In the realm of the Copyright Act, the relationship between the employer and its employee, i.e. the very nature and scope of the employment is a key mitigating factor that decides whether the ownership of the intellectual property created by its author will be awarded to him or his employer.

Ownership 98

Ownership Copyright Intellectual Property Contracts 98

The IPKat

NOVEMBER 24, 2023

So, very similar to the national courts of most EPC contracting states. Following the EPO streamlining in 2016, the normal time to an opposition decision went from around 22 months to 17 months (after all appeals were exhausted, the time could take 4+ years). Cue, Kat Friend, Sir Robin Jacob ( UCL ). But we all know what comes next.

Contracts 115

Contracts Journalism Litigation Publishing 115

The IPKat

OCTOBER 28, 2021

Not for the first time in connection with a public procurement tender, an unsuccessful bidder then files with the contracting authority a request for examination of the documentation submitted by the successful bidder, this to evaluate the propriety of the award process, with an eye towards possibly challenging it through legal proceedings.

Contracts 93

Contracts Confidentiality Public Domain Licensing 93

IPilogue

JULY 9, 2021

companies called the Privacy Shield Agreement, which the EC declared adequate in 2016. government is not a party to SCC contracts between data importers and individuals, leaving its vast surveillance apparatus unrestrained. In the meantime, following the invalidation of the Safe Harbour Agreement, the U.S. In other words, the U.S.

Privacy 105

Privacy Contracts Social Media Government 105

The IPKat

OCTOBER 25, 2023

Between 2016 and 2020, the labour unions of the ONB musicians and the ONB unsuccessfully tried to negotiate a collective agreement. According to ONB musicians, such an interpretation would entail discrimination of statutory performers, as opposed to performers with ordinary employment contracts.

Related Rights 130

Related Rights Art Journalism Government 130

IP and Legal Filings

DECEMBER 25, 2022

The current trend in internet law, has tended to elevate companies’ rights through contracts and licences while demoting owners to simple users. [1] 5] Despite the fact that NFTs are managed by smart contracts, they are advertised, sold, collected, exhibited, transferred, invested, and generally handled as personal property by people.

Non-Fungible Tokens 98

Non-Fungible Tokens Government Law Intellectual Property 98

IP and Legal Filings

JULY 16, 2024

However, India lacks specific legislation for trade secrets, relying instead on common law principles and various provisions in the Indian Contract Act, Securities Exchange Board of India Regulations, Indian Penal Code, and Information Technology Act. 1] Indian Contract Act, 1872, § 27, No. 9, Acts of Parliament, 1872 (India). [2]

Confidentiality 96

Confidentiality Contracts Intellectual Property Business 96

The IPKat

AUGUST 12, 2024

The 'Heirloom' patent was granted on 29 June 2016. After months spent in unsuccessful negotiations with the Polish farmer to solve the dispute out of court, Amycel started an infringement action in July 2023 in Poland (not a UPC Contracting Member State). On May 3, 2024, Amycel filed an action with the Hague Local Division of the UPC.

Contracts 108

Contracts Patent Patent Law Law 108

IP and Legal Filings

OCTOBER 4, 2021

The Startup should have been incorporated after 1st April, 2016. The Contract Labour (Regulation and Abolition) Act, 1970. The Insolvency and Bankruptcy Code 2016 provides a simple process for startup winding with a simple debt structure. Startup India: Tax Exemption under Section 56 of the Income Tax Act (Angel Tax).

Government 98

Government Registration Contracts Law 98

Patently-O

APRIL 10, 2024

In February 2014, FisherBroyles contracted with CPA Global, the big IP management services company, to provide patent docketing services. This caused the docketing software to miscalculate the international filing deadlines as September 2016 instead of September/October 2015. The contract should not disclaim third-party liability.

Contracts 75

Contracts Law Inventor Patent Application 75

The IPKat

DECEMBER 15, 2023

This time, the dispute notably concerns both the originality of photographs and their use for a period exceeding that stipulated in the copyright assignment contract. In 2016, L'Oréal changed the packaging for its Kérastase products. The Court found that these photographs had been put online between 2013 and 2016.

Copyright Infringement 126

Copyright Infringement Copyright Cease and Desist Intellectual Property 126

Technology & Marketing Law Blog

MARCH 28, 2023

Much digital ink has been spilled on online contract formation; much less on online contract termination. Plaintiffs alleged that Facebook and LinkedIn agreed to divvy up the social media market “between 2013 and 2016.” The court dismissed the market division argument on the grounds that it was time barred.

Blogging 126

Blogging Cease and Desist Contracts Marketing 126

Kluwer Copyright Blog

SEPTEMBER 28, 2022

Starting from those technical definitions, the notion of portability made its way into the 2016 General Data Protection Regulation (GDPR). Portability as a Consumer Contract Remedy. Unlike the GDPR, the Directives do not provide for a right to have the content sent directly to a new co-contracting party of the consumer’s choice.

IP 94

IP Contracts Social Media Copying 94

IP and Legal Filings

SEPTEMBER 8, 2021

In 2016, the USPTO rejected Bitcoin’s trademark application. Smart contracts are contracts that are used to regulate NFT transactions. The copyrights that subsist on an NFT are also governed with the help of a smart contract. NFTs are digital assets that are represented by art, memes, collectible videos, and music pieces.

Intellectual Property 94

Intellectual Property Non-Fungible Tokens Copyfraud Contracts 94

IP and Legal Filings

JUNE 27, 2022

the National Company Law Tribunal (“NCLT”), under Section 95(1) of Insolvency and Bankruptcy Code, 2016 (“IBC”). This has been crucial and beneficial for the creditors in enforcing the contract of surety. The genesis is guarantor agreements find a place in Chapter VIII of the Contracts Act.

Contracts 93

Contracts Law Art Reporting 93

Kluwer Copyright Blog

MARCH 13, 2024

The social contract of copyright, which main purpose is to realize a broader collective concern, the access of citizens to science and culture ( Geiger, 2013 ), lies in the approximation of the interests of rightholders and users. More radically, the right to control the public lending of certain works could be eliminated ( IFLA, 2016 ).

Copyright 126

Copyright Art Licensing Contracts 126

JIPL Online

FEBRUARY 25, 2021

1] It’s not uncommon to hear artists complain about record label contracts once they see the impact their deals have on the control of their own music. [2]. 29, 2016), [link]. [7] 12] Future of Music Coalition Staff, Major Label Contract Clause Critique, Future of Music Coalition (Oct. BACKGROUND. ANALYSIS AND UPSHOT.

Music 98

Music Contracts Ownership Copyright Law 98

SpicyIP

JULY 25, 2023

In both disputes, Justice Vibhu Bakhru of the Delhi High Court (DHC) had ordered that the Competition Commission of India (CCI) can intervene in patent licensing disputes under Sections 3 and 4 of the Competition Act – first in 2016 ( Ericsson v. This was also the understanding of the Court in both the 2016 and the present orders.

Patent 98

Patent Licensing Invention Marketing 98

Technology & Marketing Law Blog

MARCH 10, 2022

The analogous non-digital conduct would be to take a photograph of a crowd inside La Baguette with the caption “La Baguette, Christmas party 2016,” erase “La Baguette,” write-in “Tito & Tita,” and keep the photograph on the wall where customers can see it. Further, Maryland courts allow departing employees to take preparatory actions.

Social Media 98

Social Media Contracts Ownership Business 98

IIPRD

JANUARY 5, 2023

Merkin [10] It was decided that even while the director may have a significant say in how the movie should be filmed, the producer owns the copyright because they are more heavily involved in gathering the script, creating third parties or employment contracts with performers, etc. Aditya Pandey [2016] SCC Online SC 967. [8]

Intellectual Property 98

Intellectual Property Cinema Ownership Music 98

IP and Legal Filings

AUGUST 25, 2023

v] The Contract Labour (Regulation and Abolition) Act, 1970: The Act’s goal is to control the working conditions of contract labourers in factories and industries. v] The Contract Labour (Regulation and Abolition) Act, 1970. The gratuity payment must be made within 30 days of the employee’s last day of work. [v]

Law 97

Law Contracts Business Government 97

IPilogue

OCTOBER 7, 2022

In an address to a parliamentary committee in 2016 , Rankin Inlet-based artist Theresie Tungilik noted that “[the] artist’s resale right will have a positive financial impact as 10% of Canada’s export is Inuit art.”.

Art 105

Art Moral Rights Artwork Editing 105

The IPKat

JUNE 16, 2024

He thus sued the Perrotin Galerie and Turenne Editions, which represent Cattelan, and Monnaie de Paris, which exhibited the works between 2016 and 2017, to obtain a judicial declaration of authorship of the sculptures. The same approach is found in national law.

Art 139

Art Copyright Copyright Law Law 139

43(B)log

MARCH 28, 2024

Princeton insured Wonderland from 2016-2018 (with a broad exclusion for defamation, invasion of privacy, and various forms of advertising injury in the second year called the Exhibitions and Related Marketing Exclusion), and agreed to defend the club but reserved the right to deny insurance coverage. Princeton Excess & Surplus Lines Ins.

Advertising 64

Advertising Advertising Settlement Contracts 64

LexBlog IP

JULY 29, 2021

The Amended Complaint alleged that from October 2016 through March 2017, Defendants engaged in a fraudulent scheme to purchase Plaintiff’s shares in the Company at deeply discounted values by inducing Plaintiff to enter into a series of Common Stock Repurchase Agreements (“CSRAs”).

Contracts 52

Contracts Settlement Technology Law 52

TorrentFreak

MAY 17, 2022

Anyone who breaches their legal agreement with a platform is, at a minimum, in breach of relevant contract law. In 2016, AACS told the Court that DVDFab had blatantly ignored its injunction and was continuing to conduct business as usual. Copyright Law and DRM. StreamFab’s ‘Anti-Piracy’ Measures.

Copying 145

Copying Social Media Licensing Technology 145

The IPKat

SEPTEMBER 4, 2023

This time from one of the Kat's Swedish friends, Hans Eriksson ( Westerburg & Partners ) on the EUIPO's report on Trade Secrets Trends in the EU published at the end of June based on a data set of 700 trade secrets related decisions.

Reporting 72

Reporting Litigation Contracts Publishing 72