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

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

TorrentFreak

MAY 17, 2022

It is unlikely that these features will appear on a licensed mainstream service but that doesn’t stop subscribers from desiring them. for a ‘lifetime’ license. You agree that as a condition of your license, you will not: i. People Want to Download and Keep Movies & TV Shows. Copyright Law and DRM.

Copying 145

Copying Social Media Licensing Technology 145

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. CCI ) and then again in 2020 ( Monsanto v.

Patent 98

Patent Licensing Invention Marketing 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

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] The concepts of ownership and licensing are relevant in this context. Licensing and ownership: What’s the catch? 75, (Cambridge University Press, 2021). [2] 2d 511 (9th Cir.

Non-Fungible Tokens 98

Non-Fungible Tokens Government Law Intellectual Property 98

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

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. It is thus very much in line with the spirit of Title IV, arts. of the Directive. A new para 2 to art. On the other hand, art.

Publishing 132

Publishing Contracts Art Copyright 132

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

The IP Law Blog

MARCH 23, 2023

Evox Productions creates and licenses images of cars. In 2003, it licensed its images to Chrome Data Solutions, LP, for a five-year period. Evox also tried to argue that because the license agreement with Chrome had expired years earlier, the provision shortening the statute of limitations period no longer applied.

Copyright Infringement 98

Copyright Infringement Copyright Licensing Intellectual Property 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

Patently-O

JULY 7, 2022

Parties that participate in these standards development organizations (SDOs) generally agree to license patents that are essential to the implementation of those standards (standards-essential patents or SEPs) to manufacturers of standardized products on terms that are fair, reasonable and nondiscriminatory (FRAND). The Litigation.

Licensing 89

Licensing Contracts Patent Law 89

IP and Legal Filings

JULY 16, 2024

According to the World Intellectual Property Organization (WIPO) , “trade secrets are intellectual property rights on confidential information which may be sold or licensed.” In another scenario a party receiving confidential information would be obligated to keep information confidential even when there was or there was no existing contract.

Confidentiality 96

Confidentiality Contracts Intellectual Property Business 96

Velocity of Content

DECEMBER 4, 2024

Professor Paul Goldstein, for example, has argued that, in light of the enumeration, the statutory text is intended primarily to protect certain licensing markets. 44 (2016) (noting that a moral right of attribution on all categories of works is recognized in the copyright laws of Berne Convention member States and that it is a U.S.

Derivative Work 52

Derivative Work Copyright Moral Rights Copyright Law 52

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]. The record label business model is simple – labels are in the business of selling and distributing recorded music that they didn’t create. [1] BACKGROUND. ANALYSIS AND UPSHOT. CONCLUSION.

Music 98

Music Contracts Ownership Copyright Law 98

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

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.

Copying 105

Copying Copyright Law Copyright Social Media 105

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

Patently-O

SEPTEMBER 13, 2021

The decision is significant as it is the first by the Fifth Circuit to address the licensing of standards-essential patents and the meaning of “fair, reasonable and nondiscriminatory” (FRAND) licensing terms, adding to the growing body of jurisprudence already issued by the Third, Ninth and Federal Circuits in this area. Background.

Licensing 56

Licensing Contracts Patent Law Law 56

The IP Law Blog

AUGUST 25, 2022

In 2016, the Ninth Circuit reversed that decision and ordered the district court to allow Lang Van to conduct discovery directed at jurisdictional issues. The Court also found it significant that VNG had “contracted with U.S. and noted that it had signed license contracts with various U.S. or other places outside Vietnam.

Copyright Infringement 98

Copyright Infringement Copyright Contracts Music 98

LexBlog IP

AUGUST 31, 2021

The decision rejected HTC’s argument that the non-discrimination portion of the FRAND commitment required Ericsson to give HTC the same licensing terms as given larger mobile device manufacturers, because that would convert the ETSI FRAND commitment into a most-favored-licensee approach that ETSI had refused to adopt. per 4G device.

Licensing 52

Licensing Contracts Law Patent Law 52

SpicyIP

MAY 4, 2023

Background In 2001 Music Broadcast Private Limited, which runs the radio station ‘Radio City’, entered into a license agreement with the Indian Performing Rights Society (IPRS), a copyright society , to utilize its repertoire of literary and musical works for FM radio broadcast. Similarly, in 2006 Rajasthan Patrika Pvt.

Music 98

Music Copyright Ownership Licensing 98

The IPKat

DECEMBER 9, 2022

In 1993, the joint owners agreed to license the use of that trade mark to a company for an indefinite period and free of charge. Subsequently, in 2006, one of the owners sought to terminate that contract against the will of the other owners. A relaxed discussion between IP co-owners. It seems to me that the answer could be yes.

Ownership 52

Ownership Law Contracts IP 52

Technology & Marketing Law Blog

SEPTEMBER 10, 2022

Alkutkar joined Bumble in 2016. He paid money to get extra visibility for his dating profile and claims he got poor results, so he sued Bumble for false advertising. Bumble successfully redirects the case to arbitration based on its TOS. In January 2021, Bumble sought to add an arbitration clause to its TOS.

False Advertising 141

False Advertising Marketing Marketing Advertising 141

LexBlog IP

MARCH 23, 2023

Evox Productions creates and licenses images of cars. In 2003, it licensed its images to Chrome Data Solutions, LP, for a five-year period. Evox also tried to argue that because the license agreement with Chrome had expired years earlier, the provision shortening the statute of limitations period no longer applied.

Copyright Infringement 52

Copyright Infringement Copyright Licensing Intellectual Property 52

Intepat

OCTOBER 23, 2024

The transfer of IPRs usually takes place via assignment and licensing agreements. 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. Ohio Willow Wood Co.

Intellectual Property 52

Intellectual Property Trademark Intellectual Property Law IP 52

The TTABlog

APRIL 6, 2022

Illyrian began distributing the products in 2016 and established a first use date of July 31, 2016. 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.

Ownership 52

Ownership Registration Trademark Contracts 52

The IPKat

AUGUST 2, 2023

FRAND – Licensing Terms InterDigital selected 20 of its previous licences as comparables – the InterDigital 20. The Judge held that the patent licence agreements (‘PLA’) relied upon by InterDigital were not relevant comparables: the scale of the licensed business in each case was dramatically smaller than that of Lenovo.

Marketing 40

Marketing Marketing Licensing Patent 40

Herbert Smith Freehills

SEPTEMBER 10, 2021

In its 2020 NDC, Chile recorded its commitment to reducing at least 25% of the total black carbon emissions by 2030 (compared to 2016 levels). Bill 3729/2004 was also approved by Congress, which creates more flexible and simpler processes for environmental licensing within Brazil. . More on COP26. Hero Image: 29441.

Contracts 52

Contracts Government Law Marketing 52

Herbert Smith Freehills

SEPTEMBER 10, 2021

In its 2020 NDC, Chile recorded its commitment to reducing at least 25% of the total black carbon emissions by 2030 (compared to 2016 levels). Bill 3729/2004 was also approved by Congress, which creates more flexible and simpler processes for environmental licensing within Brazil. . More on COP26. Hero Image: 29441.

Contracts 52

Contracts Government Law Marketing 52

JIPL Online

APRIL 21, 2021

350, 375 (2016). Public.Resource.Org, Inc.] applies only to annotated codes ‘authored’ by state legislators, ‘there might be a way around this’ …. [A] xxvii] As a result, States might be free to manipulate the arrangements they have with private parties to circumvent the government edicts doctrine and prevent unfettered public access.

Government 98

Government Copyright Public Domain Law 98

LexBlog IP

JUNE 28, 2023

The compensation for damages cannot be less than twice the fee that is usually or by law paid for the type of exploitation that the infringer did without license. 3) See: C-166/15, Ranks and Vasiļevičs , EU:C:2016:762, paragraph 30 (12 October 2016); and C-128/11, UsedSoft , EU:C:2012:407, paragraph 77 (3 July 2012). (4)

Copying 52

Copying Copyright Law Copyright Editing 52

Technology & Marketing Law Blog

AUGUST 2, 2024

. – The court may or may not have followed current 9th Circuit precedent in saying that accessing information beneath a login could give rise to a CFAA violation, consistent with the 2016 Power Ventures opinion. After recent opinions such as X Corp. CCDH , it is unclear to me whether Power Ventures is still good law in the 9th Circuit.

Blogging 98

Blogging Technology Business Litigation 98

Technology & Marketing Law Blog

OCTOBER 28, 2022

Power Ventures was a 2016 case involving Facebook (back when the company itself was still known as Facebook). With respect to the “publicly available data” argument, the court decided that these facts were more akin to the facts of Power Ventures than those of hiQ Labs.

Blogging 111

Blogging Cease and Desist Business Litigation 111

LexBlog IP

AUGUST 25, 2022

In 2016, the Ninth Circuit reversed that decision and ordered the district court to allow Lang Van to conduct discovery directed at jurisdictional issues. The Court also found it significant that VNG had “contracted with U.S. and noted that it had signed license contracts with various U.S. content owners.”

Copyright Infringement 52

Copyright Infringement Copyright Contracts Music 52

43(B)log

JUNE 6, 2023

This also required reversal of the NYGBL §349 false advertising claim and tortious interference with business relations claim, though the tortious interference with contractual relations claim still failed for want of specific allegations of interfered-with contracts.

False Advertising 59

False Advertising Advertising Advertising Business 59

LexBlog IP

DECEMBER 28, 2021

  2016: NIST SP 800-171. It is essential for companies engaging in international data transactions to carefully review their data privacy policies and contracts to ensure that they are compliant with E.U. Ensure data privacy measures are included in contracts. Global Data Privacy Regulations (GDPR).

Privacy 52

Privacy Government Intellectual Property Business 52