Biswajit Sarkar Copyright Blog

AUGUST 13, 2022

In furtherance of our previous blog which recognised the need for protection of the Intellectual Property (IP) involved in Traditional Cultural expressions (TCE), this article discusses the Legal and Institutional Initiatives that Nations or bodies may use to pave a way for their protection. Non-IP Institutions.

Derivative Work 97

Derivative Work Ownership IP Intellectual Property 97

IP and Legal Filings

SEPTEMBER 28, 2021

Thus, the COVID 19 pandemic has underlined the importance of waiving patents and other IP-related rights linked to healthcare products, vaccines, and scientific processes to ensure the accessibility of the same on a global level. Image Source:gettyimages]. Highlights of the WTO TRIPS waiver proposed by South Africa and India.

IP 52

IP Related Rights Patent Technology 52

The IPKat

DECEMBER 10, 2023

Copyright Anastasiia Kyrylenko discussed the recent interpretation of Article 4 of Directive 2004/48/EC by the CJEU in relation to possibility for collective management organisations to bring, in their own name, actions for copyright infringement on behalf of the right holders. Here is what you missed last week on the IPKat.

Registration 64

Registration Copyright Law Copyright Intellectual Property 64

IP Whiteboard

OCTOBER 15, 2020

Countries and organisations around the world are paying greater attention to the intersection of artificial intelligence ( AI ) and intellectual property ( IP ). The UK Intellectual Property Office ( UK IPO ) recently put out a call for views on the implications of AI for IP policy and conversely, the impact of IP on AI.

IP 40

IP Intellectual Property Invention Copyright 40

IIPRD

JUNE 24, 2024

INTRODUCTION In today’s increasingly interconnected world, “Intellectual Property Rights” have emerged as a vital area, influencing global innovation, creativity, and economic development. Paris Convention for the Protection of Industrial Property, 1883.

Intellectual Property 52

Intellectual Property Artistic Work Registration Copyright 52

Garrigues Blog

SEPTEMBER 5, 2023

However, the government has introduced amendments and additions to the “old” Portuguese Code of Copyright and and Related Rights (CDADC), incorporating special features in the Portuguese law with respect to the wording and legal regime of the Copyright Directive. 47/2023, of June 19, 2023. In fact, Decree-Law no.

Government 52

Government Copyright Related Rights Licensing 52

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.

Copyright Law 52

Copyright Law Law Copyright Television 52

The IPKat

DECEMBER 29, 2022

The EUIPO Examiner had refused to register the trade mark applied for on the basis of Article 7(1)(b) and (c) EUTMR , finding it partially descriptive and devoid of distinctive character. Comment Whether a figurative sign consisting of a person’s portrait is protectable by intellectual property is a thought-provoking question.

Copyright 145

Copyright Registration Intellectual Property Related Rights 145

LexBlog IP

OCTOBER 13, 2021

Further, according to article 8(2) of Law 4481/2017, a CMO may exist under the form of a public limited company (SA), but all of its shares must be mandatorily registered. Legal forms of CMOs. In practice, most CMOs in Greece have chosen the form of limited liability civil cooperatives. to be organised on a non-profit basis.

Related Rights 98

Related Rights Licensing Law Copyright 98

LexBlog IP

NOVEMBER 8, 2021

3] After adversarial proceedings, any site that “seriously and repeatedly infringes copyright and related rights” may be added to this public list for a maximum period of one year. 3] Article L. 331-25 of the French Intellectual Property Code. [4] 4] Article L. 5] Article L.

Intellectual Property 52

Intellectual Property Related Rights Law Advertising 52

The IPKat

JANUARY 30, 2022

DESIGNS The Düsseldorf Higher Regional Court (OLG Düsseldorf) sent a referral to the CJEU (Case C-684/21) on the role of alternative designs in the examination of Article 8(1) of Regulation 6/2002. SpecialKat Hayleigh Bosher reviewed " Performers' Rights " by the Rt Hon Sir Richard Arnold, Judge of the Court of Appeal of England and Wales.

Moral Rights 73

Moral Rights Database Right Designs Design 73

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. Music, with or without lyrics has been provided protection under this regime under Article 40 (1) (d) of the Act.

Music 80

Music Copyright Copyright Infringement Moral Rights 80

Kluwer Copyright Blog

MAY 28, 2024

Furthermore, the AI Law Proposal introduces some dedicated provisions on copyright and media-related matters, which are the focus of this post. AI Law Proposal and provisions relevant for copyright In Article 24 of the AI Law Proposal, amendments are proposed to Article 1 of the Italian Copyright Law ( Law 22 April 1941, n.

Law 59

Law Copyright Art Government 59

LexBlog IP

AUGUST 4, 2021

Under the Copyright Law, certain copyright and related rights are subject to mandatory collective management, meaning that they can be exercised only through a collective management organisation (CMO). Introduction. Such remuneration is payable only to CMOs. Legislative background.

Copyright 52

Copyright Related Rights Television Law 52

Patently-O

FEBRUARY 17, 2023

This landmark legislation, modeled on the Uniform Trade Secrets Act, elevated and expanded trade secret law’s role in the federal intellectual property system. It also parallels and differs from other types of intellectual property—patent, copyright, and trademark—litigation.

Litigation 105

Litigation Intellectual Property Business Government 105

Kluwer Copyright Blog

JANUARY 31, 2023

Under German law, there are no special rules governing liability in cases of intellectual property rights infringements. The situation was only different, according to the BGH, in the exceptional cases where providers intentionally collaborated with their customers to commit rights infringements. That has now changed.

Copyright Law 52

Copyright Law Copyright Law Copyright Infringement 52

LexBlog IP

MAY 4, 2022

It was formed following a state license, in order to collect, among other things, the equitable remuneration provided by article 49 of Law 2121/93 in favour of producers, performers, and musicians for the public performance of legitimately released sound carriers. The direct licensing of in-store music was not covered by the agreement.

Contracts 52

Contracts Music Related Rights Television 52

Kluwer Copyright Blog

AUGUST 18, 2021

Fast forward and see: The Database directive stands unchanged and there is still no clear evidence that the then-new intellectual property right is an effective instrument. So effectively, the 2013 directive already curtailed public sector bodies’ copyright and sui generis rights in data. 1(6) Open data directive).

Government 54

Government Database Right Intellectual Property Copyright 54

Kluwer Copyright Blog

APRIL 22, 2022

A recent report in the context of the reCreating Europe project addresses this question, building on previous work from some of its authors, namely a study on “Trends and Developments in Artificial Intelligence: Challenges to IP” (summarised in a previous post ) and this article. Intellectual Property Law in China, 2nd edition.

Music 62

Music Copyright Derivative Work Ownership 62

The IPKat

MAY 22, 2022

Perfect timing for our Sunday rundown of key IP events and opportunities for the rest of this month and the start of June! Each year, the LIDC examines two topical questions on competition law and IP/unfair competition law. IP Question: 'Green IP': What is the role of intellectual property in sustainability?

Intellectual Property 81

Intellectual Property Intellectual Property Law IP Registration 81

The IPKat

SEPTEMBER 4, 2022

With a new month comes a new post with the best and latest IP events and opportunities. 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).

Intellectual Property 83

Intellectual Property Registration IP Patent Drafting 83

LexBlog IP

JANUARY 16, 2024

EU Copyright Directive : Can synthetic data adequately mitigate the IP infringement risks associated with the use of “real-world data” in training AI models under the EU Copyright Directive?

IP 52

IP Copyright Art Related Rights 52

Kluwer Copyright Blog

MARCH 30, 2022

This post is the second instalment of an analysis of the ‘very short extracts’ (VSE) carve-out to the press publishers’ right set forth in Article 15 of the CDSM Directive. Consider the case of France, the first Member State to implement Article 15. In Spain, the implementation of the right was analogously broad.

Publishing 52

Publishing Intellectual Property Law Intellectual Property Related Rights 52

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 114

Technology Publishing Social Media Intellectual Property 114

Kluwer Copyright Blog

DECEMBER 26, 2021

On 6 October 2021, the CJEU issued its judgment in Top System , where central questions revolved around computer program decompilation as per Article 5(1) of Directive 91/250/EEC. UKIPO, Consultation on AI and IP. European Parliament, Resolution on an IP action plan. CJEU judgments. Top System SA, C-13/20.

Copyright Law 110

Copyright Law Copyright Law Reporting 110

TorrentFreak

SEPTEMBER 29, 2023

In its quest to hold Hadopi to account, La Quadrature du Net highlighted one of the program’s implementing decrees, which authorizes the creation of files containing internet users’ IP addresses plus personal identification data obtained from their internet service providers.

Privacy 109

Privacy Law IP Copyright 109

LexBlog IP

SEPTEMBER 13, 2023

NATURE OF THE CASE The above decisions dealt with requests for a preliminary ruling related to the interpretation of Article 3 of Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society. 2) Does Article 3 of Directive 2001/29/EC.

Music 52

Music Television Copyright Related Rights 52

Kluwer Copyright Blog

JANUARY 9, 2023

Article 17 survives, but freedom of expression safeguards are key: C-401/19 – Poland v Parliament and Council by João Pedro Quintais. [T]he This post provides a refresher on the contents of Article 17, followed by a brief highlight of the main takeaways to kick-off the discussion. Since then, courts in the U.S.

Copyright 93

Copyright Blogging Fair Use Reporting 93

SpicyIP

MARCH 15, 2022

We are pleased to bring you a guest post by Mili Baxi, on the development of a publisher’s right in digital media. Her areas of interest are Information Technology law, Intellectual Property law, Media & Communication Law, and human rights law. . Image from here. Introduction.

Publishing 87

Publishing Marketing Marketing Advertising 87

LexBlog IP

JUNE 7, 2023

The introduction of Law 4481/2017 into the Greek legislation aimed to regulate the collective management of IP and relative rights, thus amending the EU Collective Rights Management Directive. (1) This article was originally edited by, and first published on, www.lexology.com. When does the reporting obligation apply?

Reporting 52

Reporting Music Related Rights Licensing 52

LexBlog IP

JUNE 28, 2023

The Court’s decision arose in the context of injunction proceedings relating to the defendants’ unauthorised use of software programs. The plaintiff, a leading multinational software manufacturer, owned the rights to exploit the programs.

Copying 52

Copying Copyright Law Copyright Editing 52

Kluwer Copyright Blog

NOVEMBER 11, 2021

The obvious mandate of this article is that, when OCSSPs meet those conditions, they are not liable for the unauthorised acts of communication to the public. 17(4) and thus is shielded by the safe harbour established therein, right holders will not be able to claim damages. Intellectual Property Law in China, 2nd edition.

Art 110

Art Law Intellectual Property Intellectual Property Law 110

Kluwer Copyright Blog

NOVEMBER 24, 2021

These provisions served as, among other things, models for Articles 18 and 20 in the new DSM Copyright Directive (2019/790). In this context, the BGH issued a decision in 2014 in relation to the games console, Nintendo DS. The BGH assumed that an infringement of the related right of the film producer had occurred.

Contracts 98

Contracts Copyright Law Cease and Desist 98

Kashishipr

NOVEMBER 10, 2021

The domain of Intellectual Property Rights (IPRs) , especially after the adoption of the Uruguay Round’s resultant, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) , has led to the adoption of an expanded understanding of IPRs in contemporary fields to strengthen the legal position of the rights holders.

Licensing 105

Licensing Invention Intellectual Property Marketing 105

LexBlog IP

JANUARY 12, 2022

In order to carry out this activity, company A signed contracts with certain suppliers from which it acquired all of the copyrights and related rights regarding the specific musical repertoire. The advertising messages are played at a higher volume than the music. Emphasis added.) (4).

Music 52

Music Copyright Television Related Rights 52

LexBlog IP

NOVEMBER 8, 2023

If the use has clearly taken place and ceased before the exercise of the application, article 49 of Law 2121/1993 is applicable, dealing with reasonable and uniform remuneration in the context of regular proceedings or trials. Law 4481/2017 Article 6 of Law 4481/2017 states: 1. the award of the equitable remuneration).

Music 52

Music Related Rights Law Contracts 52

Kluwer Copyright Blog

JANUARY 25, 2022

The adoption of the Directive on Copyright and related rights in the Digital Single Market ( Directive (EU) 790/2019 , CDSM Directive) brought about important changes in the distribution of rights and responsibilities in copyright law. The creation of ‘new’ fundamental rights in not unprecedented.

Copyright 57

Copyright Intellectual Property Copyright Law Law 57