IP Tech Blog

FEBRUARY 15, 2023

Given that China has no discovery system like in the US litigation, potential infringement must be thoroughly investigated by the rights holder, with evidence secured in the proper forms so that it can be admitted before a Chinese court or accepted by the Chinese police in case of a criminal action. But rights holders must be prepared.

Intellectual Property 113

Intellectual Property Due Diligence Ownership IP 113

TorrentFreak

MARCH 10, 2023

After reading hundreds of copyright reports, anti-piracy studies, lobbying documents, and submissions to government and law enforcement agencies, anything that strays from the norm tends to stand out. ” Govt.

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Government Reporting Due Diligence Copyright Infringement 96

The IPKat

AUGUST 27, 2023

It brought us insights on platform liability under copyright law, safe harbours, and injunctions. The OLG Nürnberg found Rakuten to be liable for these infringements. Germany’s Bundesgerichtshof (BGH, the Federal Court of Justice) has since ruled in the cases that were the foundation of the referrals (Katpost here ).

Copyright Infringement 94

Copyright Infringement Due Diligence Advertising Advertising 94

SpicyIP

OCTOBER 20, 2023

Readers would recall that in the past we have written about Government notifications stressing on the menace caused by the threats of legal proceedings (see here and here ). She is keenly interested in Intellectual Property Law, Technology Law, and Corporate Law. Her previous posts can be accessed here. Indian Performing Rights Society Ltd.,

Due Diligence 59

Due Diligence Copyright Copyright Infringement Intellectual Property Law 59

IIPRD

NOVEMBER 14, 2023

Both the e-platforms and sellers have to take initiatives wherein the sellers need to register their products for trademark, copyrights and patents while the platforms have to exercise strict no-tolerance policy in case of infringements. The exception here is that due diligence must be exercised by them.

Intellectual Property 59

Intellectual Property Due Diligence Journalism IP 59

LexBlog IP

FEBRUARY 15, 2023

Given that China has no discovery system like in the US litigation, potential infringement must be thoroughly investigated by the rights holder, with evidence secured in the proper forms so that it can be admitted before a Chinese court or accepted by the Chinese police in case of a criminal action. But rights holders must be prepared.

Intellectual Property 52

Intellectual Property Due Diligence Ownership IP 52

Kluwer Copyright Blog

JUNE 19, 2023

However, the ensuing craze and notoriety generated by many high-value NFT transactions has revealed a slew of unanswered legal copyright questions and issues. However, de facto they merely owned proof of ownership without any proprietary value, as all copyright and any related rights were retained and not granted upon purchase.

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Non-Fungible Tokens IP Ownership Contracts 98

Kluwer Copyright Blog

JULY 14, 2023

Context Copyright can be challenging for cultural institutions (or “GLAM“ for Galleries, Libraries, Archives and Museums) when pursuing digitization and dissemination activities, as copyright governs whether a given work can be used and if so, how (as shown in recent studies for museums , archives or libraries ). Proposal 1.

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Database Right Licensing Public Domain Artwork 52

Technology & Marketing Law Blog

MAY 15, 2024

In so holding, however, the Court declined to resolve the logically antecedent question of whether the discovery rule applies to the three-year copyright statute of limitations, finding “that issue is not properly presented here, because Warner Chappell never challenged the Eleventh Circuit’s use of the discovery rule below.” Nealy , No.

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Music Blogging Copyright Ownership 96

IP Intelligence

JUNE 3, 2024

In affirming the Eleventh Circuit’s ruling, the Supreme Court confirmed that a plaintiff that timely files a copyright claim under the discovery rule can recover damages for infringement that occurred more than three years prior to filing the lawsuit. Under the incident of injury rule, “[a] copyright claim. 1] The U.S.

Music 52

Music Copyright Copyright Infringement Due Diligence 52

Kluwer Copyright Blog

JANUARY 18, 2022

Image by European Copyright Society. To achieve these aims, the DSA sets out numerous due diligence obligations of intermediaries concerning any type of illegal information, including copyright infringing content. 17 of the Copyright in the Digital Single Market Directive (CDSMD). EXECUTIVE SUMMARY.

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Copyright Due Diligence Art Copyright Law 120

Technology & Marketing Law Blog

JULY 25, 2022

Eleven days ago, the Ninth Circuit reaffirmed that: (1) the discovery rule of accrual applies to the Copyright Act’s three-year statute of limitations; and (2) when the discovery rule applies, the copyright owner is not limited to damages for acts occurring within three years before the date of filing the lawsuit. Scholastic, Inc. ,

Blogging 87

Blogging Copyright Licensing Copyright Infringement 87

IIPRD

FEBRUARY 8, 2024

Given that IP rights are territorial and a particular cloud computing service can operate across multiple jurisdictions, it can be quite uncertain which IP regulations should govern activities in the cloud computing environment. Copyright laws, for instance, vary from jurisdiction to jurisdiction.

Intellectual Property 52

Intellectual Property IP Government Technology 52

SpicyIP

MAY 6, 2024

The Court held that plaintiff has made out a clear prima facie case; that the plaintiff has the necklace registered in Italy and since India is a member of Berne Convention for the Protection of Literary and Artistic Works, under Section 40 of the Copyrights Act, 1957 the registration in Italy can prove copyright infringement in India.

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Trademark Invention Licensing Patent 59

TorrentFreak

JULY 23, 2023

That includes copyright infringement. NordVPN notes on its website that it “will only comply with requests from foreign governments and law enforcement agencies if these requests are delivered according to laws and regulations.” Some links in this article are affiliate links. So far, we haven’t had any such cases.

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Privacy IP Technology Reporting 135

43(B)log

AUGUST 4, 2023

Piggyback on VC due diligence, valuation. Can also have government provided guarantee. Ben Depoorter, Copyright Small Claims Litigation: An Empirical Analysis Goal: stick to infringement. So we recognize that lots of copyright infringements are not worth enforcing, either not harmful or even helpful.

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IP Copying Due Diligence Registration 52

The IPKat

AUGUST 11, 2022

Last week, Kenya's government agency in charge of copyright matters, Kenya Copyright Board (KECOBO) published an advisory via its Twitter handle. This post reviews KECOBO’s advisory in the light of Kenya’s copyright law and policy. This is so for several reasons but this post highlights two.

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Social Media Copyright Copyright Law Due Diligence 93