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. The 2018 review of the Database directive and accompanying public consultation perpetuated this stasis. Stage I: to the Open data directive.

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Kluwer Copyright Blog

AUGUST 24, 2022

As previously reported , between October 2021 and January 2022 the UK Intellectual Property Office held a public consultation on the intersection between artificial intelligence (AI) and intellectual property laws (more specifically, copyright and patents). Lawful access. Ownership for patent inventions. All-purpose TDM.

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Government Intellectual Property Licensing Copyright 95

The IPKat

MARCH 6, 2022

The concepts and role of the informed user and the degree of freedom of choice were recently clarified in Turkish design law, and Marques has reported on the case. COPYRIGHT Networked and interoperable devices have proliferated over the past two decades, and the advent of cloud services has created a standard for data sharing.

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Blogging Non-Fungible Tokens IP Intellectual Property 85

Kluwer Copyright Blog

JANUARY 9, 2023

Following the Report this means: Copyright infringement needs to be addressed; unjustified requests have to be taken seriously, but seem to be an exceptional scenario in particular by qualified rightholders; and there is no real alternative to automation on larger platforms. A vanishing right? Part II is available here. by Edward J.

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Blogging Copyright Fair Use Reporting 95

Kluwer Copyright Blog

JULY 14, 2023

In a policy paper , copyright and art-law experts led by the author clarified the general copyright law principles applicable to stakeholders dealing with digital cultural heritage worldwide and formulated recommendations, addressed to policy-makers, to facilitate their digital activities. Proposal 1. Proposal 4.

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The IPKat

MAY 29, 2023

The second edition offers revised, or wholly rewritten chapters to the overlaps discussed in the first edition so as to reflect recent developments, as well as to include new chapters (the overlap between privacy and copyright law; privacy and secrecy; trademarks certification marks and collective marks; and IP and traditional knowledge).

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IP and Legal Filings

AUGUST 19, 2022

In the Indian scenario, protection: India does not have a separate database protection law as the European Union does. Sui generis protection does not exist in India because the government believes that the Copyright Act’s current level of protection is adequate and that a need for further protection has not yet arisen.

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Kluwer Copyright Blog

JANUARY 17, 2024

Much has been written about the legal challenges and qualifications of the training process (knowing whether it’s legally permissible to train these models on copyright-protected material) and the outputs of these models (especially if there is copyright in the results generated) see here , here , here and here.

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Copyright Database Right Music Intellectual Property Law 83

Kluwer Copyright Blog

DECEMBER 12, 2021

European and international policymakers have raised how artificial intelligence (AI) interacts with intellectual property (IP) law on several occasions. Nonetheless, before any policy and law-making endeavour can be undertaken, a fitness test of the existing IP framework is indispensable. More from our authors: Law of Raw Data.

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Copyright Public Domain Intellectual Property Database Right 52

The IPKat

OCTOBER 20, 2022

Legally, however, “the situation is different” [all English translations from the Italian version of the Opinion are mine, not the Court’s] because of the territorial nature of rights and laws. First, it can give the CJEU an opportunity to clarify questions of applicable law in cross-border copyright disputes with non-EU elements.

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Copyright Database Right Copyright Infringement Copyright Law 52

The IPKat

JANUARY 25, 2025

The Guidelines are overall quite intriguing, including having regard to copyright under Article 7. But, before we jump onto copyright, a small yet key notation is warranted. In turn, where the Vatican Act regulates a certain aspect, Vatican law shall apply; vice versa, where the Vatican Act is silent, Italian law shall apply instead.

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Ownership Copyright Music Moral Rights 140

The IPKat

DECEMBER 20, 2024

The last source, scraping internet data, has been the most controversial so far and given rise to concerns from both intellectual property and data protection perspectives, and nascent litigation in various jurisdictions when the scraping has been done without permission of the copyright/database right holders.

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