Kluwer Copyright Blog

MARCH 11, 2025

However, the shift from a market of goods to a market of services has changed this paradigm. Much more alarming is that in this dematerialized reality the disappearance of the market entails the risk of the disappearance of the work itself. A copyright regime for out-of-commerce works was established by Arts.

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Copyright Law Public Domain Copyright Law 105

IP and Legal Filings

SEPTEMBER 26, 2024

Geographical indications bring a sense of security that protects unique property that belongs to a particular geographical location, increasing its value in the market. By throwing more light on the market economy and local market, it can be noted that G.I. tags have a significant impact.

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Marketing Marketing Branding Branding 105

Patently-O

MARCH 11, 2025

This case highlights a significant divergence between the evidentiary standards for proving prior art status in district court litigation versus AIA trials. It also sets up another increasingly common scenario where neither the patentee nor the patent challenger are US entities. Continue reading this post on Patently-O.

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Art Invention Litigation Marketing 40

Kluwer Copyright Blog

FEBRUARY 8, 2023

In many computational creativity projects in the fields of art , journalism and music , the heavy reliance on AI stretches the causation bond between the human author and the final creative output to breaking point. It would not genuinely guarantee a level-playing field for all players in all Member States in a specific market.

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Marketing Marketing Copyright Copyright Law 116

Plagiarism Today

FEBRUARY 23, 2022

1: The US Copyright Office Says an AI Can’t Copyright its Art. Finally today, Max Slater-Robins at Techradar reports that the United States has added both AliExpress and WeChat to its list of notorious markets for copyright infringement. The list includes some 42 online markets and 35 physical markets.

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Copyright Copyright Infringement Licensing Marketing 246

IIPRD

JANUARY 22, 2025

To determine whether the use constitutes fair use or not is determined based on a number of factors like if they primarily include the purpose and character of the use, the nature of the copyrighted work, the amount used, and the effect on the market for the original work. Another important factor is market effect. Google, Inc.

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Fair Use Intellectual Property Derivative Work Copyright Law 95

The IPKat

MARCH 25, 2025

There are quite a few punch lines to this question, sadly none has been mentioned in a recent judgment from the General Court involving the design of a light bulb and the interpretation of Art. They found that the earlier design could not be considered disclosed because of Art. Interpretation of Art. Interpretation of Art.

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Art Designs Design Intellectual Property 59

Intellectual Property Law Blog

NOVEMBER 7, 2023

Prior art chokes were molded by annealing a mixture of magnetic powder and adhesive around the insulated wire. The district court agreed with Cyntec that the cited prior art combination was missing claim elements and that Chilisin failed to meet the clear and convincing standard regarding motivation to combine.

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Art Licensing Marketing Marketing 260

Plagiarism Today

JULY 17, 2024

Translators are crucial to the global entertainment market. However, despite their creative contributions, their work often goes uncredited. The post It’s Past Time to Credit Translators appeared first on Plagiarism Today.

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Technology & Marketing Law Blog

JANUARY 18, 2025

” Market effect: “Townsquare’s article reporting on the original Jordan video similarly contained that original video as part of an embedded post from X, including additional text and images from the X post, and there is thus little to no risk of market usurpation.”

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Copyright Social Media Licensing Fair Use 96

The IPKat

SEPTEMBER 4, 2023

The decision considered what it means for "the product" in Article 3(a) to be protected by a marketing authorisation (see also IPKat: The SPC alphabet ). The marketing authorisation in the case specifically recited the active ingredient "safinamide".

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The IPKat

FEBRUARY 13, 2025

Specifically, it addressed inter alia whether a new SPC could be granted for a product comprising a combination of two active ingredients, where one was already protected by an earlier SPC, while the second was already part of the state of the art.

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Invention Public Domain Art Marketing 64

The IPKat

MARCH 11, 2025

Registered Community Designs were declared invalid because of prior art (e.g. 4,(2) German Copyright Act , artistic works, including works of architecture and applied art, are protected by copyright, provided they are the authors own intellectual creation. R1002/2023-3 and R2499/2022-3 ) or, for older models, expired.

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Copyright Art Designs Design 71

The IPKat

JANUARY 27, 2025

Background Koninklijke Philips NV (Philips) marketed various air fryers under the brand Airfryer. Arguments of the parties The parties essentially disagree as to the relevant point in time for the assessment of design infringement and the relevance of the saturation of the state of the art that occurred subsequent to the filing of an RCD.

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Designs Design Art Marketing 59

Plagiarism Today

JANUARY 18, 2022

Now they are stuck with a book that they paid far more than market value for and no clear path to recouping that cost. Instead, the market has become about buying the “unique” or “scarce” NFT, often made from a widely available work. I guess this is the natural result of NFT culture. That is difficult to say.

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Copying Moral Rights Copyright Registration 340

Kluwer Copyright Blog

JANUARY 18, 2022

On 15 December 2020, the European Commission submitted a proposal for a Regulation on a Single Market For Digital Services (Digital Services Act, DSA) and amending Directive 2000/31/EC. 17 of the Copyright in the Digital Single Market Directive (CDSMD). 17 CDSMD, and DSA rules on issues that Art. To ensure consistency, Art.

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Copyright Due Diligence Art Copyright Law 128

Intellectual Property Law Blog

SEPTEMBER 20, 2021

The NFT market is just getting started, as the innovation is only in its infancy. As content creators get more creative, as business models change, and as NFTs represent more than static digital art, the licenses will evolve.

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IP.com

NOVEMBER 7, 2024

Crafting a strategic IP plan for a single technology requires meticulous planning, cross-functional collaboration, and a deep understanding of both legal and market landscapes. Market Research: Analyze the market potential of the technology. Identify the target market, potential competitors, and current market trends.

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Technology IP Cease and Desist Patent Application 52

Kluwer Copyright Blog

MARCH 30, 2025

Image by wowbee from Pixabay In a decision of 20 February 2025 the German Federal Supreme Court (BGH) denied copyright protection as a work of applied art for two sandal designs. The ruling clarifies the scope of protection under German and EU law for works of applied art.

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Copyright Art Designs Design 52

The IPKat

FEBRUARY 22, 2025

There are a number of drug products on the market for which the innovator has retained exclusively far longer than would have been possible with a patent, solely through the process of manufacturing trade secrets. One notable example is the hormonal replacement therapy (HRT) Premarin.

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IP Invention Art Designs 64

Kluwer Copyright Blog

AUGUST 22, 2023

We are interested in exploring whether in the EU Arts 3 and 4 of the Copyright in the Digital Single Market Directive (CDSMD) played a role in shaping the contractual practices in selected industry sectors in relation to the licensing of works as training data. While art. 7(1), CDSM), art. 3 and art. 4(3), CDSM).

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Art Publishing Licensing Copying 98

The IPKat

MARCH 25, 2024

Here’s what Henning writes: Works of applied art – the difference between design and copyright law by Henning Hartwig I. Thus, as noted elsewhere , the test for finding copyright subsistence starts with the degree of creative freedom exercised by the author in light of the relevant prior art.

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Copyright Law Art Designs Design 80

The IPKat

APRIL 7, 2025

The judges briefly confirmed that German courts had jurisdiction to hear the case because the defendant was based in Germany (Art. German law had to be applied by virtue of Art. 3 Brussels I (now Art. The German Supreme Courts decision The German Supreme Court dismissed the appeal. 63(1) Brussels I recast ).

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Copyright Copyright Infringement Art Intellectual Property 64

The IPKat

MARCH 7, 2022

This latest referral follows hot on the heels of the referral from the Finish Market Court on the correct interpretation of Article 3(c) of the SPC Regulation, also with respect to combination products ( IPKat ). The Irish referral relates to both Article 3(a) and Article 3(c). INEGY is approved as a cholesterol lowering agent.

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Art Public Domain Invention Marketing 119

The IPKat

JULY 18, 2022

According to the Commission, Denmark had breached its obligations under Art. 13(3) Regulation (EU) No 1151/2012, as well as Art. However, it argued that Art. However, it argued that Art. Learning from its “mistakes”, the Commission introduced Art. apeta recognized that Art. Advocate General (AG) ?apeta

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Art Intellectual Property Marketing Marketing 130

Kluwer Copyright Blog

MARCH 30, 2025

Image by wowbee from Pixabay In a decision of 20 February 2025 the German Federal Supreme Court (BGH) denied copyright protection as a work of applied art for two sandal designs. The ruling clarifies the scope of protection under German and EU law for works of applied art.

Copyright 52

Copyright Art Designs Design 52

Plagiarism Today

NOVEMBER 16, 2022

Last week, DeviantArt announced the launch of its new artificial intelligence (AI) art creation tool , DreamUp. Flagging AI Art: Also, all works created by DreamUp will be automatically flagged as AI generated, making it easier to identify it is uploaded elsewhere or, as in one case with a different AI, submitted to a contest.

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Artwork Art Reporting Plagiarism 264

The IPKat

APRIL 8, 2023

The Authority considers that the alleged abuse of economic dependence could have a significant impact on the protection of market competition and harm consumers. It could test the applicability of Art. It could test the applicability of Art. The use of copyright content by OCSSPs The implementation and nature of Art.

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Music Art Copyright Related Rights 130

Kluwer Copyright Blog

DECEMBER 26, 2023

This is why the main drawback of the implementation of the new exceptions under arts. that they were introduced outside the general “Free use” regime in art. This is why the main drawback of the implementation of the new exceptions under arts. that they were introduced outside the general “Free use” regime in art.

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Art Music Publishing Law 119

The IPKat

SEPTEMBER 19, 2022

One such example relates to the blocking of content pending the resolution of a complaint.

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Art Copyright Law Related Rights 136

IP and Legal Filings

JANUARY 2, 2025

ABSTRACT Technology advancements are linked to copyright, which gives authors of original works of literature, music, drama, or art, as well as audio recordings and cinematic films, a legal claim over their creations. Both individuals and organisations may now share, communicate, and market their goods or themselves.

Social Media 97

Social Media Copyright Fair Use Intellectual Property 97

IP.com

APRIL 9, 2025

With InnovationQ from IP.com, defensive publishing to the Prior Art Database allows you to protect incremental innovations without the high cost of prosecution. Evaluate Novelty with IQ Ideas+ Before committing to costly filings, IQ Ideas+ provides tools like Evaluate a New Idea to assess its novelty and potential overlap with prior art.

Patent 52

Patent Intellectual Property Patent Prosecution IP 52

The IPKat

OCTOBER 27, 2021

The author argues that copyright holders would do well to heed this wisdom before entering into litigation, as exemplified by a recent decision from the Swedish Patent and Market Court in case PMT 2401-21. This Dune tells us, every member of the secretive Bene Gesserit sisterhood knows.

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Cease and Desist Litigation Copyright Marketing 139

Kluwer Copyright Blog

NOVEMBER 25, 2021

Now, last time I checked we live in a market economy. Some say that certain humans will always write books and music and make art and that there will always be a market for masterpieces of human creativity. Machines have begun to replace songwriters and composers. They can write award worthy poetry and short stories.

Music 144

Music Intellectual Property Art Intellectual Property Law 144

SpicyIP

APRIL 30, 2024

By Kevin Preji On 28th Feb, 2024, the Delhi High Court in Microsoft Technology Licensing LLC vs Assistant Controller of Patents and Designs in allowing an appeal, clarified the role of the ‘person skilled in the art’ (‘PSITA’) in determining non-obviousness. The claimed invention contained the sensor service which was absent in the prior art.

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Invention Art Designs Design 110

IPilogue

JANUARY 10, 2023

It has a diverse portfolio that considers subjects like arts markets in Canada, author and publisher rights, GLAM institutions, and the preservation of our official languages. This may be of great interest to those of you looking to practice law at the intersections of art, authorship, and technology. .

IP 119

IP Art Intellectual Property Copyright 119

The IPKat

JANUARY 20, 2025

Background and facts In 2019, Juventus successfully sued Pegaso before the Turin Court of First Instance over the marketing of a shirt which reproduced the characteristics of the clubs Adidas-designed jersey Be The Stripes for the 2019/20 season. b) of the Italian Industrial Property Code (IPC).

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Non-Fungible Tokens Designs Design Public Use 69