IP and Legal Filings

JUNE 27, 2022

In India, protection under copyrights is provided into two forms, which includes, economic rights and the moral rights of the author. Economic rights are enumerated under section 14 of the Act and section 57 deals with the moral rights of the copyright holder. Article 39.2

Intellectual Property 52

Intellectual Property Moral Rights Design Designs 52

Garrigues Blog

MARCH 9, 2023

The intellectual work to the architect. However, an architect’s intellectual property rights in his/her work can conflict with the ownership rights in the built work creating a situation that is less than desirable for both, in which each may hamper the interests of the other. Is this viable?

Intellectual Property 52

Intellectual Property Moral Rights Copyright Design 52

Garrigues Blog

JUNE 29, 2023

Trying to provide effective, balanced and adequate protection of traditional cultural expressions and recognizing the intellectual property rights that local communities and indigenous peoples hold with regard to those expressions pose a real challenge in legal terms.

Intellectual Property 59

Intellectual Property Moral Rights Design Designs 59

Intepat

OCTOBER 7, 2022

Intellectual property is a type of property that is formed by a person’s various ideas or intellect mind; in other words, it is the result of a person’s intellectual pursuits. As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and design rights.

Intellectual Property 52

Intellectual Property Design Designs Artwork 52

Kluwer Copyright Blog

JUNE 18, 2021

With the Beijing Treaty, any performance of literary or artistic works or expression of folklore is covered by intellectual property, independently from its nature or medium, including both fixed and unfixed works (live performances), acknowledging the creative activity of these performers in the same way as with regard to musicians and authors.

Related Rights 97

Related Rights Moral Rights Contracts Intellectual Property 97

The IPKat

MARCH 22, 2024

This article delves into the saga’s central copyright issues and the concept of moral rights, and compares the situation in the US to how it might have unfolded under EU law. Another significant divergence lies in the recognition of moral rights.

Moral Rights 70

Moral Rights Copyright Music Art 70

The IPKat

NOVEMBER 23, 2023

Analysis The Cour de Cassation issued a brief but important decision here, focusing solely on the reading of article 2224 of the French Civil Code. The Kats fountain" Comment The application of article 2224 of the Civil Code to copyright infringement proceedings is not new. article 2224 of the Civil Code) must be applied.

Copyright Infringement 120

Copyright Infringement Copyright Moral Rights Intellectual Property 120

TorrentFreak

AUGUST 26, 2022

A Bloomberg Law report says the Eleventh Circuit adopted a “heightened standard” towards CMI, with Trace Jackson, an intellectual property attorney at Rogers Towers, offering his understanding of what that means. “It ” Implications Moving Forward. The Eleventh Circuit opinion can be found here (pdf). ——-.

Moral Rights 144

Moral Rights Copyright Public Domain Copyright Infringement 144

IP and Legal Filings

MARCH 1, 2022

It is observed that often the intangible value exceeds the value of tangible components of the article. Furthermore, Article 31 (2) directs the states to protect and preserve the IPR of indigenous groups. Furthermore, Article 31 (2) directs the states to protect and preserve the IPR of indigenous groups.

Intellectual Property 91

Intellectual Property Branding Brands Branding 91

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 76

Moral Rights Database Right Design Designs 76

Kluwer Copyright Blog

AUGUST 12, 2021

Since the ruling was handed down, the Advocate General’s opinion on the Polish request for the partial annulment of article 17 of the Directive on Copyright in the Digital Single Market (CDSM) has also been published. 82 of 2002 for the Protection of the Intellectual Property Rights (IPRs) (see also here ).

Copyright 102

Copyright Moral Rights Copyright Infringement Marketing 102

The IPKat

DECEMBER 22, 2021

Later adherence leaped forward, not least as a consequence of the incorporation of the substantive provisions of the Berne Convention in the TRIPS Agreement in 1994 (except for the protection of moral rights) and, eventually in the 1996 WIPO Copyright Treaty (WCT).

Copyright 133

Copyright Moral Rights Copying Publishing 133

IP and Legal Filings

MAY 13, 2024

The introduction and advancement of generative AI technology, which is capable of producing everything from research articles to realistic artworks, has brought a revolution in the field of creativity. This way of doing things with the help of generative AI technology carries numerous legal challenges of intellectual property violation.

Copyright 98

Copyright Intellectual Property Ownership Technology 98

The IPKat

MAY 31, 2023

The Court held that a musical box infringed of an author’s moral rights. Patents Hayleigh Bosher gave some thoughts on the new patent service of the UK Intellectual Property Office (IPO). Anastasiia Kyrylenko analysed a decision issued by the French Cour de cassation on 8 March 2023.

Moral Rights 57

Moral Rights Intellectual Property Editing Copyright Infringement 57

IIPRD

MARCH 1, 2023

Introduction A fundamental postulate of Intellectual Property Rights is due recognition and benefits to creators, innovators, and artists over tangible creations of their original ideas. However, re-sale rights exist as an exception to this rule.

Artwork 98

Artwork Intellectual Property Journalism Copyright 98

The IPKat

OCTOBER 21, 2023

Basing itself explicitly on a combined reading of articles L.111-1 112-2-10 of the French Code of Intellectual Property (CPI), the court recalled in particular that a work of applied art could be protected by copyright provided that it is original. The Court explicitly relied on article 5.3 112-1 and L.112-2-10

Moral Rights 86

Moral Rights Cease and Desist Copyright Infringement Copyright 86

The IPKat

NOVEMBER 21, 2021

The World Intellectual Property Organization's (WIPO) annual WIPI report collects statistics as new indicators to inform the IP community, and The Fashion Law wrote an article about it. WTR has written an article about it! The annual review covers topics such as the definition of a work, authorship and moral rights.

Blogging 73

Blogging IP Moral Rights Copyright 73

The IPKat

MAY 18, 2024

Indeed, relying explicitly on article L. 111-2 of the French Code of Intellectual Property (CPI) , the court recalled that “ a work is deemed to have been created independently of any public disclosure, by the mere fact of its creation, even if unfinished, from the author's conception. 131-2 and L. 131-3 of the CPI.

Moral Rights 62

Moral Rights Cinema Copyright Infringement Copyright 62

The IPKat

FEBRUARY 21, 2022

This Conference marks the 25th anniversary of the Boards of Appeal and will bring together leading intellectual property experts from multiple jurisdictions, representing a broad spectrum of professional interests with representatives from some of the leading IP offices, lawmakers, judges, academics, and lawyers.

Intellectual Property 67

Intellectual Property Moral Rights Registration Editing 67

IP and Legal Filings

JUNE 29, 2024

However, this article will discuss the reasoning of the court with respect to relief claimed by the Plaintiff against a creator of a YouTube video who compiled the interviews of the plaintiff and depicted his personality as ‘thug life’ The plaintiff contended that such videos portrayed him in a derogatory manner.

Personality Rights 97

Personality Rights Fair Use Privacy Intellectual Property Law 97

JIPL Online

APRIL 9, 2021

iii] While intellectual property remedies are painfully slow, the internet is on the cutting-edge of fast paced communication. On one hand, those who view intellectual property rights as a limited monopoly would suggest that even derivative use of the content in a meme is infringement on the rights holder’s interest.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

The IPKat

DECEMBER 26, 2022

Indeed, relying explicitly on Article L. 111-1 of the French Code of Intellectual Property (CPI ) the court noted that (my own translation) "an intellectual creation can only be protected if it reflects the personality of its author, in other words if it is original (.)

Law 95

Law Copyright Infringement Moral Rights Copyright 95

Kluwer Copyright Blog

DECEMBER 5, 2022

For instance, moral rights may be at stake, as well as alternative forms of protection that may limit the availability of works, such as cultural heritage-related rules or contractual provisions. When copyright is involved, both economic and moral rights issues are at stake. published in Grur. 2022, 618ff. by Edward J.

Copyright 102

Copyright Public Domain Art Moral Rights 102

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. Right to communicate the work to the public. [Image Source: Shutterstock]. LEGISLATION IN INDONESIA.

Music 97

Music Copyright Copyright Infringement Moral Rights 97

Olartemoure Blog

MAY 13, 2022

The Colombian government has notified the World Intellectual Property Organization ( WIPO ) a declaration modifying the amounts of individual fee to be paid regarding Colombia according to Article 8.7 La entrada OM Weekly Digest 12/05/22 se publicó primero en OlarteMoure | Intellectual Property. First Name.

Non-Fungible Tokens 52

Non-Fungible Tokens Intellectual Property Moral Rights Contracts 52

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) Emphasis added.)

Intellectual Property 52

Intellectual Property Moral Rights Related Rights Art 52

Intepat

NOVEMBER 3, 2024

In India, the Copyright Act of 1957 provides the legal framework that governs these rights. This article examines how Indian copyright law regulates these creative works, with a focus on recent case law and ongoing developments. In such cases, ownership may be attributed to the publisher or another designated entity.

Copyright 52

Copyright Moral Rights Ownership Publishing 52

Biswajit Sarkar Copyright Blog

DECEMBER 27, 2022

Besides the economic rights provided by copyright, there are moral rights also provided to the copyright holder. India is a signatory to Berne Convention, and Article 6bis of this Convention provides for protection of moral rights which are also known as the paternity rights of the author or creator of the copyrighted works.

Copyright Infringement 52

Copyright Infringement Music Moral Rights Copyright 52

Garrigues Blog

NOVEMBER 28, 2023

Article 92.1 of the Copyright Law ( LPI ) provides that it is the director — as co-author of the audiovisual work ex article 87 LPI—, and the producer, who have the final say on an audiovisual work, all in accordance with the agreement reached between both parties. Article 92.1

IP 52

IP Moral Rights Intellectual Property Copyright Law 52

Intepat

DECEMBER 12, 2021

This article will discuss a topic related to the complex subject of “food plating” and how it is protected under copyright law. The dilemma is whether a chef’s aesthetic plating of a dish (who is also the original creator) may be protected under intellectual property rights.

Art 52

Art Copyright Artistic Work Moral Rights 52

Velocity of Content

DECEMBER 4, 2024

The following is an excerpt from the article “The Heart of the Matter: Copyright, AI Training, and LLMs,” authored by Daniel Gervais (Milton R. The full article can be read in the Journal of the Copyright Society. 1 Another key right is the creation of derivative works, which includes adaptations or translations. 17 U.S.C. §

Derivative Work 52

Derivative Work Copyright Moral Rights Copyright Law 52

Kluwer Copyright Blog

SEPTEMBER 1, 2021

113-2 paragraph 2 of the French Intellectual Property Code (“IPC”) defines a ‘composite work’ as ‘a new work in which a pre-existing work is incorporated without the collaboration of the author of the latter work’. In addition, Article L.122-4 In France, Article L.122-5, Derivative works under French copyright law.

Derivative Work 105

Derivative Work Copyright Law Copyright Law 105

IP and Legal Filings

APRIL 19, 2023

Since it intrudes on their private life and right to privacy, celebrities and public figures have objected to this. Personality rights as such are not expressly stated in the Constitution, but in the case of Judge K.S. Union of India, AIR 2017 SC 4161 , privacy was acknowledged as a basic right under Article 21 of the Constitution.

Personality Rights 97

Personality Rights Privacy Moral Rights Copyright 97

Velocity of Content

MARCH 16, 2023

This article was originally published in The Scholarly Kitchen. The UK was in the vanguard of creating a non-commercial research exception for TDM, and, as I wrote in the Scholarly Kitchen last July, the UK Intellectual Property Office recently mooted an expansion to commercial use. This will be hard to defend.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

SpicyIP

AUGUST 26, 2024

With a passion for the dynamic intersection of law, media and technology, she is particularly interested in exploring intellectual property and tech policy. The scope of these rights has been further developed judicially by an array of observations and pronouncements, starting with D.M. Her previous post can be accessed here.

Personality Rights 111

Personality Rights Privacy Copyright Trademark 111

Kluwer Copyright Blog

OCTOBER 19, 2022

The courts of Member States seized to rule on a dispute must apply so-called ‘overriding mandatory provisions’ of their own national law (Article 9(1)-(2) Rome I Regulation ). to the extent that the contract covers significant acts of exploitation in Germany (Article 32b German Copyright Act ). Overriding mandatory provisions.

Contracts 52

Contracts Law Copyright Intellectual Property 52

SpicyIP

DECEMBER 30, 2023

Madras High Court Inaugurates the IP Division and Notifies Intellectual Property Division Rules, 2022 The Madras High Court on April 12, 2023, inaugurated the Intellectual Property Rights (IPR) Division, making it the second High Court after the Delhi High Court with a dedicated IP Division to hear IPR disputes.

IP 124

IP Copyright Trademark Intellectual Property 124