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This is a book review of Teaching IntellectualPropertyLaw: Strategy and Management edited by Sabine Jacques, Associate Professor in Information Technology, Media and IntellectualPropertyLaw, University of East Anglia Law School and Ruth Soetendorp, Visiting Academic, City University of London and Professor Emerita, Bournemouth University.
However, the idea of protecting the API through the medium of a trade secret goes against the very idea of conceptualizing and designing an API. Copyright and APIs. Copyright is the most obvious and preferred choice for protecting an API due to the basic reasons that it is permissible within the copyrightlaws of different nations.
In analogizing semiconductor chips to traditional areas of copyrightlaw, the legislative history notes that, just as a plagiarist who copies only one chapter of a book may be held liable for infringement, a person may be liable for copying a part of a mask work if it is a qualitatively important portion that results in substantial similarity.
Eashan writes about Indian intellectualpropertylaw on his Medium page. The Finished Article: Essays on Indian DesignsLaw. The Finished Article intends to offer readers a guided tour through the 100+ year modern history of designs case law in India. Eashan Ghosh.
This post is based on the chapter “Audiovisual Coverage of Sports Events and CopyrightLaw: Originality in the Details?” IntellectualProperty and Sports: Essays in Honour of P. Bernt Hugenholtz, Kluwer Law International, 2021.
Mask work is a type of intellectualproperty protection designed to protect layout designs (topographies) of integrated circuits. Under the SCPA, a mask work is a series of related images that forms a design or part of a design used to produce an integrated circuit. source code) under copyrightlaw.
This book review of “ Transboundary Heritage and IntellectualPropertyLaw: Safeguarding Intangible Cultural Heritage ”, by Patricia Covarrubia (Editor), is kindly provided by Katfriend Felicia Caponigri (Founder of Fashion by Felicia and Visiting Scholar at Chicago-Kent College of Law). 116, 120).
This book review of IntellectualPropertyLaw in Nigeria: Emerging Trends, Theories And Practice by Desmond Oriakhogba (University of the Western Cape, South Africa) and Ifeoluwa Olubiyi (Afe Babaloloa University, Ado-Ekiti, Nigeria) is kindly provided by Kasim Waziri , Professor of Law at the University of Abuja, Nigeria.
And the winner is: The Proportionality Test in European Patent Law (Bloomsbury) by Léon Dijkman Best CopyrightLaw Book The nominations were: • Copyright and the Court of Justice of the European Union (2nd edition), by Elenora Rosati. • Copyright: Music Borrowing and CopyrightLaw, by Enrico Bonadio and Chen Zhu. •
A Kat awaiting weekly IP updates Designs Katfriend Henning Hartwig reviewed the interpretation of Articles 6 and 14 of Regulation 6/2002 (CDR). Marcel Pemsel looked into a recent decision of the German Supreme Court concerning copyright protection for two Birkenstock sandal designs. The survey closes on 1 April 2025.
This is a book review of “ Harmonizing IntellectualPropertyLaw for a Trans-Atlantic Knowledge Economy ”, edited by Péter Mezei, Hannibal Travis, and Anett Pogácsás. Peter Menell traces the evolution of design protection law in the US and Europe, focusing on the non-functionality doctrine to prevent overreach in IP protection.
One of the main areas of intellectualpropertylaw development is the link between artificial intelligence and intellectualproperty rights (IPRs). Growing AI-related business activity, early case law, and legislative and international policy activities are making it more and more relevant in practice.
In Brooktree, the court stated that “If the copied portion [of the mask work] is qualitatively important, the finder of fact may properly find substantial similarity under copyrightlaw and the Semiconductor Chip Protection Act,” even if other portions of the chip were not copied. 17 U.S.C.A. § Brooktree Corp. 2d 1555, 1564 (C.A.
Overview on IntellectualPropertyLaw and Competition Law Indian IP law is primarily designed to encourage innovation and creativity by providing inventors with exclusive rights to their creations for a specified period of time. College: LC-1, Faculty of Law, Delhi University [1] The Patents Act, 1970, No.
Understanding Mask Work Mask work is a type of intellectualproperty protection designed to protect layout designs (topographies) of integrated circuits. Under the SCPA, a mask work is a series of related images that forms a design or part of a design used to produce an integrated circuit.
Photo by Markus Spiske on Unsplash Welcome to the first trimester of the 2023 round up of EU copyrightlaw! In this edition, we report on an AG Opinion that came out late in 2022 and update you on what has happened in the first trimester of 2023 in EU copyrightlaw.
One such legal issues is what is referred to as “fair use,” which becomes particularly problematic in the context of the copyrightlaw. Such databases may include work that is copyrighted. The Digital Personal Data Protection Act, 2023 provides for the laws related to data privacy and some form of regulation.
As a plant intellectualproperty nerd , this Kat was delighted to get her hands on the new book IntellectualProperty and the Design of Nature (Oxford University Press, 2023), edited by Jose Bellido and Brad Sherman. yet this relationship has received very little attention.
Upon independent and less human intervention by a machine in making the work, one expects a built-in gap in the legal design. This has to do with the application of copyright to works made through AI. Originality : A work must exhibit a degree of intellectual effort and creativity to be protected.
By Michael Andreas Kock Once Upon a Time, The Patent: Understanding the past, present and future of protecting inventions by Pascal Attali Patent Law, Green Technology and Innovation, by Ankit Singh, Yogendra Srivastava A Practitioner's Guide to European Patent Law, For National Practice and the Unified Patent Court, second edition by Paul England (..)
Although the lower courts are still bound by the decisions of the higher courts and their precedents set in light of EU law, they may refer the points of law to certain higher courts under section 6A. REULA’s influence on copyrightlaw Although EU law had a strong influence on the UK copyrightlaw, the two were never properly aligned.
Professor Vaver spoke on the origins of fair dealing in Canada and its differences and similarities in comparison to the American legal concept of “fair use”, its evolution throughout the history of Canadian common law jurisprudence, and its potentially far-reaching future beyond Canada and copyrightlaw. .
They are the following: Annual Conference on European Trade Mark and DesignLaw 2021 On 6-8 October 2021 it will be the turn of the Annual Conference on European Trade Mark and DesignLaw 2021 , which will take place online in 3 morning (CEST time zone) sessions.
SAS argues that it made a “plethora of creative choices” in developing its material, and that creativity is more than sufficient to satisfy the originality requirements of copyrightlaw. Thus far, the courts have disagreed with SAS and rejected its copyright assertions. Patents should be the go-to in this area.
These events point to two prevalent issues within the current legal framework: First, that current intellectualpropertylaws do not properly acknowledge collective ownership over shared culture within Indigenous communities and second, whether tattoo designs have the potential to be protected through copyrightlaws.
In short, the name of a non fungible token project as well as the name of the linked digital file can be considered intellectualproperty, and the original owner of the NFT has the exclusive right to transfer IP rights to the new owner if they choose to do so. What is IntellectualProperty? How are Copyrights Used?
Many of these games include highly creative cards and drawings, or very complex rules and mechanics, which are the result of an evident intellectual effort by their creators. The question therefore is: Can board games be protected by copyright? Drawings, designs, figures or characters can be classified as artistic works.
Ares Design, an Italian car manufacturer, filed a cancellation action against Ferrari’s mark by arguing that it had not been used for a continuous five-year period. The shape was once eligible for protection as a registered design, but designs can only last for a maximum term of 25 years in the EU.
Sony Wins Early But Cooler Heads Prevail Software quite rightly receives protection under copyrightlaw but in Datel, Sony wants a ruling that outlaws the modification of variables generated by software that only ever exist in RAM and form no part of the underlying copyrighted source code.
After describing the problem and its possible solution (the publication has not yet been peer-reviewed), I will examine potential legal intricacies related to the protection of such shapes in intellectualpropertylaw. The "spectre" would be an obvious candidate for design protection. 3(a) Community Design Regulation ).
The integration of technology within the domain of art design has provided artists with unprecedented possibilities to conceptualise and implement interactive and immersive experiences. AI vis-à-vis Indian CopyrightLaw For a work to be accorded copyright protection, there are two fundamental criteria to be met.
WIPO - Artificial Intelligence & IP Workshop WIPO will hold an online workshop on Artificial Intelligence & IntellectualProperty from 6 to 10 December 2021 to discuss the impact of artificial intelligence on copyright, design, and patents. More information about the award can be found here.
Unicolors is the owner of copyrights in various fabric designs, including a 2011 copyright registration that consisted of 31 separate designs. The jury found in Unicolors favor and H&M moved the court for judgment as a matter of law, which the trial court denied. Unicolors appealed this decision to the U.S.
As IP aficionados, many readers of this blog will have strong views about the proper scope of copyrightlaw. Can and should those beliefs be protected under the Equality Act 2010, protecting copyright believers against discrimination in employment law and in the exercise by public authorities in their functions?
The Centre serves as a place and way to gather academics and practitioners sharing knowledge on the interplay between Copyrights, Patents, Designs, Trademarks, Geographical Indications, and Trade Secrets with Sustainable Innovations, welcoming inputs and feedback to any of its activities.
ChatGPT and the Underlying Copyright Malady Can the output(s) generated by ChatGPT be protected under copyrightlaw? Who is the owner of the underlying copyright (if any) the coder? Call for Papers: NUALS IntellectualPropertyLaw Review (Vol. The author of the input? Microsoft v.
Call for Submissions: NALSARs Indian Journal of IntellectualPropertyLaw (IJIPL) Vol. 15 [Submissions by March 31, 2025] NALSARs Indian Journal of IntellectualPropertyLaw (IJIPL) is inviting submissions for its 15th Volume. The last date for submission of entries is March 31, 2025.
Let us briefly examine how these systems work and then consider how intellectualpropertylaw relates to them. How it's made Knowing how something works is necessary when discussing law and technology. Unfair competition and trade secrets protection were never designed to address ownership issues.
(Indiana) in part, for copyright infringement of works of original authorship. According to the complaint, in early 2022, Andretti Global hired the Plaintiff and the Defendants to design and construct a racing facility in Fishers, IN.
Professor David Vaver is a Member of IP Osgoode’s Advisory Board and a Professor of IntellectualPropertyLaw at Osgoode Hall Law School. . view is accepted that the doctrine does not apply to future inventions (or, in Canada, also designs) that an employee promises to assign as a condition of employment. [7]
In this part II we discuss two additional aspects, with a focus on UK copyrightlaw and the EU copyright acquis. The First Sale Doctrine in the Metaverse The first sale doctrine, also referred to as the ‘ principle of exhaustion’ , is a longstanding tenet of copyright (and more in general intellectualproperty) law.
We soon realized that information about the changes to copyrightlaw over time – which would be especially useful for empirical studies – was lacking. There have been many studies describing differences in copyright exceptions between countries, such as those by Seng , Crews , Hilty & Nérisson , and the WIPO Secretariat.
7 February 2023 – Centre for Law, Society and Popular Culture, University of Westminster: “ Issues and Developments in Entertainment Law ” (Portland Hall, University of Westminster, UK) The seventh annual lecture delivered by Sir Richard Arnold will centre around issues and developments in entertainment law from an intellectualproperty perspective.
His chapter probes the future of copyrightlaw, attempting to turn the focus of copyright to collaborative authorship. His chapter probes the future of copyrightlaw, attempting to turn the focus of copyright to collaborative authorship. According to Tubaro et al., As described by C.
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