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But for anyone who had expected the Data Act to include a revision of the Database Directive — an ambition that the Commission had signalled in both the 2020 Data Strategy and the 2020 IntellectualProperty Action Plan — the final proposal will be a major disappointment. A right that shall not be exercised.
This is a review of Guidebook to IntellectualProperty (seventh edition) authored by Sir Robin Jacob (8 New Square and UCL, Matthew Fisher (UCL) and Lynne Chave (UCL). Kat approved This book is aimed at those who are new to the subject of intellectualproperty.
This Kat is pleased to review the “ Overlapping IntellectualPropertyrights ”, edited by Neil Wilkof [full disclosure: a member of the IPKat team], Shamnad Basheer, and Irene Calboli (OUP, 2023, 864 pp.). The authors look at the issue from the perspective of US and EU approaches to database protection.
2023, the Bombay HC (Nagpur Bench) delivered a salient judgement , with significant implications for both the SC/ST Act and IntellectualProperty. The couple petitioned the National Commission for Scheduled Caste (NCSC) to seek compensation for the loss caused due to the damage to their intellectualproperty (IP).
Fast forward and see: The Database directive stands unchanged and there is still no clear evidence that the then-new intellectualpropertyright is an effective instrument. because there is no public access regime that applies, or because third parties own intellectualpropertyrights.
The author gave food for thought on the reproduction of works of art on book covers, on possible moral rights in the discussion, and on Walter Benjamin's notion of the "aura" of a work. SpecialKat Hayleigh Bosher reviewed " Performers' Rights " by the Rt Hon Sir Richard Arnold, Judge of the Court of Appeal of England and Wales.
As previously reported , between October 2021 and January 2022 the UK IntellectualProperty Office held a public consultation on the intersection between artificial intelligence (AI) and intellectualproperty laws (more specifically, copyright and patents). Photo by Kevin Ku on Unsplash. All-purpose TDM. by Edward J.
The revision of the Database Directive that is included in the Data Act does not address the status of public sector data nor does it enable access and use of data for research, but it should. IntellectualProperty Law in China, 2nd edition. More from our authors: Law of Raw Data. by Jan Bernd Nordemann, Christian Czychowski. €
A vanishing right? The Sui Generis DatabaseRight and the proposed Data Act by Paul Keller. [T]he He also claimed that the phonographic rights that according to the language of the contract belonged to the label, were actually his own. T]he European Commission published its proposal for a Data Act. by Alexander Puutio. €
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. This post focuses on selected copyright and related rights matters that the Institute details in its Position Statement. Key coordination issues. by Edward J.
UK law on databaserights post brexit, Genius Sports Technologies Ltd & Ors v Soft Construct (Malta) Ltd & Ors [202… [link] 2021-12-02. . 'Out of step with other nations': Canada's Crown copyright laws in need of an overhaul, say library associations [link] 2021-12-01. link] 2021-12-02.
While the report outlines CISAC’s legislative lobbying actions in several countries to promote stronger laws protecting creators and rightsholders, it also pinpoints growing digital royalties and stronger laws safeguarding creators’ rights as top priorities. EU IntellectualProperty Office, 2022 IP Youth Scoreboard. Stay tuned!
This case relates to the sui generis databaseright and its application to the activity of search engines. UKIPO, UK’s future exhaustion of intellectualpropertyrights regime. CJEU judgments and AG Opinions. CV-Online Latvia, Court of Justice, Case C ?762/19. You can read a comment on the case here.
European and international policymakers have raised how artificial intelligence (AI) interacts with intellectualproperty (IP) law on several occasions. On the whole, it seems there is no justification for the creation of a sui generis right or ancillary right for the protection of ML models. by Christopher Heath. €
In addition to this, numerous other sections address various facets of upholding databaserights. The copyright of a database is safeguarded by the Copyright Act of 1957. The Information Technology Act’s Section 66E outlines the penalties for violating privacy laws, among other things.
However, it’s unclear whether the models themselves are currently protected by intellectualproperty laws. If model weights qualify as a database, what then? As Martin Andreson puts it “ In machine learning research, the weights are everything – the ultimate ‘gold’ that emerges after weeks or even months of training a system.
Yet, beneath the surface of the transformative potential of AI lies a complex legal web of intellectualproperty (“IP”) risks, particularly concerning the use of “real-world” training data, which may lead to alleged infringement of third-party IP rights if AI training data is not appropriately sourced.
” Government should announce a clear policy position on the relationship between intellectualproperty law and generative AI to provide confidence to innovators and investors. labelling) on generated output to support right holders of copyrighted work.
In addition, potential and tangible intersections between intellectualproperty and these trending topics were recently discussed by The Trademark Lawyer Magazine. TRADE MARKS The so-called "metaverse" and "non-fungible tokens" (NFTs) have generated hype among technology enthusiasts over the past two years.
The last source, scraping internet data, has been the most controversial so far and given rise to concerns from both intellectualproperty 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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