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In any event, it is important to distinguish between the ability for an owner of a large collection of copyright protected works, such as a newspaper publisher, to enter a copyright licence with AI developers in relation to a collection of works and their ability to licence personal data within that collection.
The IPKat has published several posts over the past two weeks! PermaKat Eleonora Rosati posted about last week's General Court judgment on the partial invalidity of the shape mark of an icon of Italian fashion design and history: the Moon Boots. Background, analysis and comments are provided by GuestKat Anastasiia Kyrylenko.
A discount for IPkat readers has kindly been provided by the publisher, please see below for the code. The second part focuses on protecting products through patents and industrial design. The fourth part explains copyright and related rights including performers rights and moral rights as well as confidential information.
DESIGN In Turkey, although the Turkish Intellectual Property Code refers to both the degree of freedom of choice and the informed user, in practice it has not always been clear how these concepts are implemented in design disputes. The Judgment of the Court was summarized by legal-patent.com.
For public sector bodies — producers and holders of vast quantities of data — as well as for the companies that act as suppliers, the sui generis databaseright has been slowly eroded since 2003. because there is no public access regime that applies, or because third parties own intellectual property rights.
The outcome of the consultation is supposed to inform the government with respect to a potential legislative reform of the UK Copyright Designs and Patents Act 1988 (CDPA). The consultation closed in the beginning of January 2022. Conversely, users were very much in favour of an exception as it would remove the need for licensing.
At the end of 2021, YouTube’s first Copyright Transparency Report 2021 (“Report”) was published. A vanishing right? The Sui Generis DatabaseRight and the proposed Data Act by Paul Keller. [T]he T]he European Commission published its proposal for a Data Act. 17 DSM Directive 2019/790 (“DSMD”). .
Council of the EU, Competitiveness Council – Conclusions adopted in meeting 22-23 May 2023 At its meeting on 22-23 May 2023, the Council of the EU agreed on important points related to scholarly publishing.
In the beginning of April, the European Parliament published a report on AI in the Digital Age. In May 2022, the European Parliament published a study on IPRs and the impact on data access, portability and re-use. The international body representing authors and composers published its 2022 Annual Report. CISAC, Annual Report.
On 23 February 2022, the European Commission (EC) published a Proposal for a ‘Regulation on harmonised rules on fair access to and use of data (Data Act)’. The Institute acknowledges that the Data Act Proposal seeks to strike a balance between promoting access to and sharing of IoT data and protecting other conflicting rights.
The first report of this project was published on 15 March 2023 (the “ Vallance Report ”), and the UK Government released its response (the “ Government’s Response ”) shortly after. ” As such, the ICO noted that they may require additional funding from the Government for these proposals to succeed.
The Vatican Act does not however detail restricted acts under copyright and other rights, including related and other rights (e.g., the sui generis databaseright). Arguably, this also extends to model development, though the formulation is unclear.
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/databaseright holders.
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