Kluwer Copyright Blog

NOVEMBER 15, 2021

For most of its existence, international copyright policy at the World Intellectual Property Organization (WIPO) has focused on the creation and harmonization of exclusive rights. Intellectual Property Law in China, 2nd edition. More from our authors: Law of Raw Data. by Christopher Heath. €

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Intellectual Property Related Rights Intellectual Property Law Copyright 145

Kluwer Copyright Blog

JANUARY 9, 2023

But for anyone who had expected the Data Act to include a revision of the Database Directive — an ambition that the Commission had signalled in both the 2020 Data Strategy and the 2020 Intellectual Property Action Plan — the final proposal will be a major disappointment. by Alexander Puutio. € by Edward J.

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Copyright Blogging Fair Use Reporting 94

The IPKat

MAY 22, 2022

The Institute for Intellectual Property and Market Law (IFIM) at Stockholm University is proud and delighted to announce its new, in-person event to be held in English at Stockholm University on Thursday, June 2, 2022, on the topic: 'The DSM Directive 3 years on: The Polish challenge to Article 17 and the national transposition maze'.

Intellectual Property 83

Intellectual Property Intellectual Property Law IP Registration 83

Kluwer Copyright Blog

APRIL 5, 2022

Welcome to the first trimester of the 2022 round up of EU copyright law! In Gtflix , the CJEU held that when a claim relating to the dissemination of allegedly disparaging remarks on the internet is brought, the compensation for the resulting damage from that claim in one Member State may be sought before the courts of that same Member State.

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The IPKat

OCTOBER 4, 2022

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 ".

Technology 117

Technology Publishing Social Media Intellectual Property 117

TorrentFreak

MARCH 22, 2024

The Motion Picture Association’s interest in file-hosting platform DoodStream first came to light in a submission to the USTR in October 2022. million visits in August 2022, while using the services of DDoS-Guard in Russia and OVH in France. The MPA estimated the site received 82.7

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Reporting Intellectual Property Design Designs 128

The IPKat

SEPTEMBER 4, 2022

Events IP Lawyers Tool - 1st World Robot Patent Drafting Symposium - 23 and 24 September 2022 - Cannes, France IP Lawyers Tool will hold the 1st World Robot Patent Drafting Symposium on 23 and 24 September 2022 from 1:00pm to 8:00pm (CEST). Further information about the 2022 Conference Program and registration can be found here.

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The IPKat

FEBRUARY 3, 2023

It is thus clear that TDM does matter - but what should its relationship with copyright and related rights be? Recital 8 acknowledges, on the one hand, the value and potential of TDM but, on the other hand, notes the restrictions that copyright and related rights pose to the doing of TDM activities without a licence.

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The IPKat

NOVEMBER 7, 2021

Lord Justice Arnold, will deliver a lecture entitled “Divergence of UK Law from EU Law after Brexit: The Example of Intellectual Property”. The Thomas Edison Innovation Law and Policy Fellowship promotes excellent academic research about IP and related rights in the innovative and creative communities.

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Intellectual Property IP Registration Intellectual Property Law 78

Kluwer Copyright Blog

MAY 25, 2022

The 42nd session of the World Intellectual Property Organization’s (WIPO) Standing Committee on Copyright and Related Rights (SCCR) took place from 9 to 13 May 2022 in Geneva. More from our authors: Practical Guide to Successful Intellectual Property Valuation and Transactions. by Alexander Puutio. €

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Copyright Intellectual Property Publishing Reporting 102

Kluwer Copyright Blog

DECEMBER 26, 2021

This seems to have pushed EU Member States towards compliance – the latest examples here are the Irish European Union (Copyright and Related Rights in the Digital Single Market) Regulations 2021 (19 November), the Italian Decree (published on 27 November), and the Estonian Act implementing the Directive (8 December). Stay tuned!

Copyright Law 112

Copyright Law Copyright Law Reporting 112

The IPKat

MAY 19, 2022

Last month, Katfriends Desmond Oriakhogba and Dick Kawooya provided a highlight of the key portions of the Work Program on Limitations and Exceptions (L&Es) proposed by the Africa Group to WIPO's Standing Committee on Copyright and Related Rights (WIPO-SCCR). The 42nd session of the WIPO SCCR was held from 9 to 13 May 2022.

Copyright 104

Copyright Related Rights Reporting Intellectual Property 104

The IPKat

MAY 31, 2022

In two judgments (Basmati, T-342/20 - which we reported on some time ago - and APE TEES, T-281/21), the General Court found that they are relevant (the cases were decided in October 2021 and March 2022, respectively). The Kluwer Trademark Blog provides a summary of the background and outcome of the above decisions.

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Blogging Non-Fungible Tokens IP Reporting 76

IP and Legal Filings

DECEMBER 6, 2022

Copyright is the cumulation of two words: “copy” and “right,” alternatively one may argue that copyright refers to the legal rights of the intellectual property’s real owner. 2022, April 22). [Image Source: Shutterstock]. 1] 1995 (1) ARBLR 555 Delhi. [2] 10.21831/jss.v16i2.31055. [4]

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Music Copyright Copyright Infringement Moral Rights 97

The IPKat

DECEMBER 15, 2023

January: In Kenya, prospective importers were required from January 1, 2023 to declare particulars of intellectual property rights for goods to be imported into the country. Once recorded, a recordation mark will be issued, giving the IPR owner an exclusive right to import into Kenya any goods/products bearing the recorded IPR.

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IP Intellectual Property Copyright Music 64

The IPKat

APRIL 13, 2022

Three years after its adoption, the discussion of and around the Directive on copyright and related rights in the Digital SingleMarket 2019/790 (‘DSM Directive’) is anything but exhausted.

Intellectual Property 52

Intellectual Property Intellectual Property Law Related Rights Registration 52

Kluwer Copyright Blog

NOVEMBER 28, 2022

The Conseil d’Etat , the French administrative Supreme Court, handed down an important ruling on 15 November 2022 which annuls Order no. More from our authors: Practical Guide to Successful Intellectual Property Valuation and Transactions. To be continued…. by Alexander Puutio. € by Edward J.

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Contracts Intellectual Property Cinema Copying 96

Kluwer Copyright Blog

DECEMBER 12, 2022

While ALLEA applauds the introduction of these new rights, we believe that, with the accelerated pace of scientific output and the need to adequately respond to today’s societal challenges, embargo periods are unnecessary impediments to the timely dissemination of publicly funded research. Scientometrics (2022): [link]. [3] 8] (a) Art.

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Copyright Publishing Journalism Art 123

Velocity of Content

NOVEMBER 25, 2024

Underwood Chair in Law, Vanderbilt University), Noam Shemtov (Professor in Intellectual Property and Technology Law/Deputy Head of CCLS, Queen Mary University of London), Haralambos Marmanis (Executive Vice President and CTO, CCC), and Catherine Zaller Rowland (Vice President and General Counsel, CCC). Universal City Studios, Inc.,

Copyright 52

Copyright Derivative Work Intellectual Property Copying 52

Kluwer Copyright Blog

DECEMBER 20, 2022

This contribution is based on a paper published in 44 European Intellectual Property Law Review 595 (2022). . This does not require any creativity but simply a de minimis “personal intellectual effort” ( ein Mindestmaß an persönlicher geistiger Leistung ) or a “mere technical effort” ( rein technische Leistung ).

Copyright 55

Copyright Related Rights Artistic Work Public Domain 55

LexBlog IP

AUGUST 30, 2023

However, the Court rejected the action as: not legal, insofar as it concerned the protection of recipes as works of intellectual property; and unfounded, because recipes are assimilated to ideas and not to works enjoying copyright protection under Greek (and EU) law. dishes and seasonings) as works of IP. (1)

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Intellectual Property Moral Rights Related Rights Art 52

The IPKat

JANUARY 30, 2022

OTHER GuestKat Gabriele Girardello commented on an order issued by the Court of Milan on an urgent 'Declaration of Non-Infringement' ('DNI'), which allows individuals and entities in Italy to know in advance whether or not one of their products could be considered an infringement of a competitor's intellectual property rights.

Moral Rights 76

Moral Rights Database Right Design Designs 76

The IPKat

MAY 22, 2023

Hayleigh Bosher and Coran Darling giving evidence at the Inquiry Artificial intelligence is a highly debated topic in the intellectual property field currently. The use of AI technology to generate images or music and other creative works, has legal implications for copyright and related rights of creators and rightsholders.

Music 82

Music Intellectual Property Copyright Technology 82

Kluwer Copyright Blog

JUNE 28, 2022

On 23 February 2022, the European Commission (EC) published a Proposal for a ‘Regulation on harmonised rules on fair access to and use of data (Data Act)’. This post focuses on selected copyright and related rights matters that the Institute details in its Position Statement. Image by Pete Linforth from Pixabay. Introduction.

Copyright 52

Copyright Intellectual Property Database Right Related Rights 52

LexBlog IP

NOVEMBER 8, 2021

This new authority, which should come into being on 1 January 2022, will replace the Conseil Supérieur de l’Audiovisuel and the Haute Autorité pour la diffusion des œuvres et la protection des droits sur Internet. 331-25 of the French Intellectual Property Code. [4] 3] Article L. 4] Article L. 5] Article L.

Intellectual Property 52

Intellectual Property Related Rights Law Advertising 52

Kluwer Copyright Blog

OCTOBER 23, 2024

About this Statement This ALLEA statement has been prepared by the ALLEA Permanent Working Group on Intellectual Property Rights (PWGIPR) , with Prof P. See also “ ALLEA Statement on Open Access Publication under “Big Deals” and the New Copyright Rules ” (2022). [5] Learn more here. Bernt Hugenholtz as principal author.

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Publishing Journalism Copyright Editing 74

Kluwer Copyright Blog

APRIL 21, 2023

2021-580 of 12 May 2021 (‘transposition Order’) of the French Government implements articles 2(6) and 17 to 23 of the EU Directive 2019/790 on copyright and related rights in the Digital Single Market (‘CDSM’). Image by Pexels from Pixabay Order no. It remains to be seen how future agreements will be negotiated.

Contracts 55

Contracts Intellectual Property Music Cinema 55

Kluwer Copyright Blog

DECEMBER 1, 2021

On 29 October 2021, the UK Intellectual Property Office launched a public consultation looking at how the copyright and patent regimes should deal with artificial intelligence. The consultation closes on 7 January 2022. That call concerned patents, copyright and related rights, designs, trade marks and trade secrets.

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IP Inventor Invention Intellectual Property 67

Kluwer Copyright Blog

DECEMBER 8, 2022

In August 2022, the European Commission’s Directorate-General for Research and Innovation published a study on EU copyright and related rights and access to and reuse of scientific publications, including open access. More from our authors: Practical Guide to Successful Intellectual Property Valuation and Transactions.

Copyright 105

Copyright Ownership Journalism Publishing 105

Kluwer Copyright Blog

DECEMBER 1, 2022

This included the highly controversial Articles 15 and 17 on, respectively, the new press publishers’ right (PPR) and the new copyright liability scheme for OCSSPs (“online content-sharing services providers”). Subject matter and right-holders. Instead, it expands the protections already afforded by copyright and related rights law.

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Reporting Marketing Marketing Copyright 52

Kluwer Copyright Blog

APRIL 12, 2022

On March 10 th , 2022, the Advocate General (AG) Pitruzzella delivered his Opinion on the case RTL Television GmbH v Grupo Pestana S.G.P.S., However, Member States can provide for such a right in their legislations. Rights of authors and related rights: united or separated? et al ( C-716/20 ). 403/08 and C?429/08,

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Television Art Related Rights Copyright Law 55

LexBlog IP

JANUARY 24, 2024

Last year saw the introduction of Law 4996/2022, which brought significant changes to IP legislation in Greece, amending several provisions of the existing Copyright Law 2121/1993 as well as Law 4481/2017 on Collective Management. Law 4996/2022 was implemented into the Greek legislation EU Directive 2019/789.

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Copyright Law Law Copyright Television 52

Kluwer Copyright Blog

MAY 11, 2023

The relevant act, seeking to bring Ireland in line with the Directive, is the Statutory Instrument 567/2021 ‘European Union (Copyright and Related Rights in the Digital Single Market) Regulations 2021’ (hereinafter ‘ the Regulations’ ). The Irish legislative transposition finally became law on 19 November 2021. Section 53A).

Copying 102

Copying Copyright Law Copyright Social Media 102

Kluwer Copyright Blog

MARCH 14, 2022

Running from 29 October 2021 to 7 January 2022, the “ Artificial Intelligence and IP: copyright and patents ” consultation formed the latest round in an ongoing national conversation between the UK Intellectual Property Office (UKIPO) and interested stakeholders (see here ). A third alternative: the related rights approach.

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IP Public Domain Copyright Intellectual Property 58

Kluwer Copyright Blog

JANUARY 18, 2023

The new related right for press publishers (Sections 87 et seqq. A further addition has been the introduction of a new related right for press publishers in Sections 87 et seqq. As the related right for press publishers only contains economic elements, it is transferable in full, as per Section 87g(3) UrhG.

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Copyright Related Rights Copyright Law Publishing 52

Kluwer Copyright Blog

OCTOBER 26, 2022

COMMUNIA and Gesellschaft für Freiheitsrechte co-hosted the Filtered Futures conference on 19 September 2022 to discuss fundamental rights constraints of upload filters after the CJEU ruling on Article 17 of the copyright directive. More from our authors: Practical Guide to Successful Intellectual Property Valuation and Transactions.

Art 40

Art Copyright Intellectual Property Publishing 40

Kluwer Copyright Blog

SEPTEMBER 20, 2023

Members of the band Kraftwerk brought an action against these acts of reproduction and distribution, claiming infringement of their copyright and their related rights as performers and phonogram producers of “Metall auf Metall”. 51a UrhG also led to the OLG Hamburg 2022 finding that the Pelham sample is a permissible pastiche.

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