LexBlog IP

AUGUST 30, 2023

He worked for large companies, active worldwide in the food industry, which specialised in the design and development of recipes and culinary products for industrial use. Compensation presupposes culpability and infringement of IP (or related rights) (i.e.,

Intellectual Property 52

Intellectual Property Moral Rights Related Rights Art 52

The IPKat

DECEMBER 17, 2021

It had to be decided how the marks would be perceived by the average consumer, in the relevant market, who is reasonably well-informed and observant, taking account of the type of goods and how they are marketed. The degree of similarity of the goods should be considered in relation to the degree of similarity of the marks.

Trademark 96

Trademark IP Registering Trademarks Branding 96

Kluwer Copyright Blog

AUGUST 18, 2021

The consultation document restates the fundamental right to intellectual property as the fundamental principle of ‘protection of the intellectual creations of individuals in the online space’ but is otherwise silent on IP. So effectively, the 2013 directive already curtailed public sector bodies’ copyright and sui generis rights in data.

Government 54

Government Database Right Intellectual Property Copyright 54

IP Whiteboard

OCTOBER 15, 2020

The consultation covers five key areas of IP – patents, copyright, designs, trade marks and trade secrets. Copyright and related rights. According to the UK IPO, AI cannot currently be recognised as the author or owner of a design because AI does not have legal personality. copyright protection for AI software.

IP 40

IP Intellectual Property Invention Copyright 40

Kluwer Copyright Blog

MARCH 30, 2022

The first part examined the legal nature of the VSE rule, concluding that it ought to be qualified not as an ‘exception’, but as a ‘limitation’ to the scope of the right. It was also highlighted that even though the Directive justifies the limitation on economic grounds, its freedom of information undertone should not be overlooked.

Publishing 52

Publishing Intellectual Property Law Intellectual Property Related Rights 52

Kluwer Copyright Blog

JUNE 27, 2023

Generally speaking, the approved transposition follows the text of the Directive rather closely, similarly to other delayed implementations such as the Irish one , without embracing a more “creative” legislative design, as has been the case for instance in Germany and Greece. º-A faithfully follows the text of Art. º-A to 175.º-I) º-B and 74.º-D

Art 101

Art Contracts Publishing Licensing 101

SpicyIP

MARCH 15, 2022

We are pleased to bring you a guest post by Mili Baxi, on the development of a publisher’s right in digital media. Her areas of interest are Information Technology law, Intellectual Property law, Media & Communication Law, and human rights law. . Image from here. Introduction.

Publishing 87

Publishing Marketing Marketing Advertising 87

The IPKat

FEBRUARY 3, 2023

The current generation of AI image generation tools such as Stable Diffusion , Midjourney and DALL·E 2 are designed to take a text description or prompt from a user and generate an image that matches the prompt. What is AI image generation software?

Litigation 143

Litigation Copying Copyright Designs 143

The IPKat

OCTOBER 4, 2022

Watermarking , i.e. the ability to add information and embed it directly into a product, signal or digital file. Fingerprinting , i.e. extracting and analysing recognisable features/information of a digital content (audio or video) to identify and assign some of its unique inherent characteristics.

Technology 114

Technology Publishing Social Media Intellectual Property 114

The IPKat

SEPTEMBER 4, 2022

Further information about the 2022 Conference Program and registration can be found here. For more information and to register, click here. The event's website contains information about the registration and programme. Further information about the event and registration is available here.

Intellectual Property 83

Intellectual Property Registration IP Patent Drafting 83

Kluwer Copyright Blog

MAY 11, 2023

The relevant act, seeking to bring Ireland in line with the Directive, is the Statutory Instrument 567/2021 ‘European Union (Copyright and Related Rights in the Digital Single Market) Regulations 2021’ (hereinafter ‘ the Regulations’ ). The Irish legislative transposition finally became law on 19 November 2021. Section 53A).

Copying 101

Copying Copyright Law Copyright Social Media 101

Kluwer Copyright Blog

NOVEMBER 24, 2021

According to the BGH, the specific design of the cards and consoles manufactured by the plaintiff constituted effective technical measures within the meaning of Section 95a (2) and (3) No. In addition, claims for information are provided for at various points in the UrhG. Claim for information. a) Perpetrators and accessories.

Contracts 98

Contracts Copyright Law Cease and Desist 98

LexBlog IP

JUNE 28, 2023

The term includes, according to the decision, all forms of marketing of the copy of the computer program that include a right of time-limited use for a price. Such usage aims to provide to the rights holder the possibility of receiving remuneration corresponding to the economic value of the copy in question. (4) 2916/2022. (2)

Copying 52

Copying Copyright Law Copyright Editing 52

Kluwer Copyright Blog

JANUARY 9, 2023

Copyright law and football matches: impossible to match? At the same time, a global paradigm of online piracy enabling the retransmission of sports events on a worldwide basis has dynamically emerged.

Copyright 93

Copyright Blogging Fair Use Reporting 93

Kluwer Copyright Blog

FEBRUARY 9, 2022

Collective licensing with extended effect covers various mechanisms in national copyright law to fill the gaps in the repertoire of the collective management organization (“CMO”), which can then conclude licences for works of right holders who are not affiliated to the CMO. 12 of the Collective Rights Management (CRM) Directive ).

Copyright 52

Copyright Licensing Art Publishing 52

Kluwer Copyright Blog

MAY 18, 2022

This approach, referred to as “private ordering” or “self-regulation”, has been reflected in several EU Directives, and has long provided a useful workaround for governments by empowering industry actors to design and implement their own rules and methods of enforcement (given that they comply with existing law). Conclusion.

Copyright 52

Copyright Marketing Marketing Law 52

Kluwer Copyright Blog

DECEMBER 1, 2022

In 2019, the EU’s Copyright in the Digital Single Market Directive (CDSMD) was adopted. This included the highly controversial Articles 15 and 17 on, respectively, the new press publishers’ right (PPR) and the new copyright liability scheme for OCSSPs (“online content-sharing services providers”).

Reporting 52

Reporting Marketing Marketing Copyright 52

Kluwer Copyright Blog

JUNE 6, 2022

With its ruling in Poland v Commission ( C-401/19 ) on 26 April 2022 the Court of Justice of the European Union (CJEU) dismissed an action to annul Article 17 of Directive (EU) 790/2019 on copyright and related Rights in the Digital Single Market (CDSM Directive).

Copyright 54

Copyright Settlement Law Copying 54