LexBlog IP

FEBRUARY 29, 2024

Freed from the shackles of copyright, Walt Disney’s iconic rodent was now in the public domain and, therefore, available for everyone to copy. It is no surprise that the legalities of the public domain are more complicated than the headlines suggest. But not so fast.

Public Domain 52

Public Domain Intellectual Property Copyright Trademark 52

The IPKat

APRIL 30, 2024

The clash between artistic value and substantive value refers specifically to trademark and copyright cumulation and, according to the Italian Supreme Court, would make the shape mark unregistrable. At the conclusion of the session, one cannot help but wonder: What might an EU-wide copyright title look like?

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Reporting Copyright Public Domain Law 60

Patently-O

APRIL 17, 2024

This case began back in 2006 when Crocs sued Double Diamond and others for patent infringement of Crocs’s design patents. The Court held that “origin” in the Lanham Act refers only to the source of the physical products sold in the marketplace, not to the creator of the underlying creative content.

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False Advertising Advertising Advertising Patent 113

Kashishipr

APRIL 20, 2022

Patents, copyright, and trademarks have been the most widely recognized forms of IP to date; however, there are other forms as well, including geographical indications and industrial designs, which have been gaining attention in the past few decades. Eligibility Criteria for Trade Secret Protection.

Intellectual Property 119

Intellectual Property Confidentiality Public Domain Business 119

The IPKat

NOVEMBER 22, 2022

Thus, the owner of a canvas, in general, cannot make reproductions of the work it contains and distribute these copies or make them available on the Internet, unless such work is in the public domain or is subject to any limitation or exception to the rights of its author [see IPKat here ].

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Artistic Work Artwork Public Domain Intellectual Property 144

The IPKat

FEBRUARY 12, 2024

Indeed, much of the debate takes place, consciously or unconsciously, in reference to cliché assumptions about moral rights.” The authors emphasize that AI cannot hold moral rights and that in the absence of an author, the work should be in the public domain.

Moral Rights 70

Moral Rights IP Intellectual Property Public Domain 70

Patently-O

FEBRUARY 5, 2024

Constitution and the Patent Act prohibit design patents on ordinary innovations.” Justice Douglas goes on: It is worth emphasis that every patent case involving validity presents a question which requires reference to a standard written into the Constitution. Although case applied pre-1952 law, the reminder here is poignant.

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Law Public Domain Design Patent Invention 44

The IPKat

JULY 22, 2021

The title of this book clearly sets out its premise: trademark protection has encroached into what used to be solely copyright’s domain, resulting in an undesirable over-protection of works which impoverishes the public domain and restricts others’ creative endeavours. Figure 1: Get your paws on this new book y'all!

Trademark 56

Trademark Public Domain Copyright Cease and Desist 56

Kluwer Copyright Blog

APRIL 5, 2023

which refer to a person’s rights to name and image. It also ordered the company to pay 1.500 euros for each day of delay in the execution of the judicial order, as well as the publication of the decision on a large scale. Setting aside the private international law aspects, the case deserves examination on two main grounds.

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Public Domain Copyright Law Artwork 98

The IPKat

NOVEMBER 30, 2021

Kat friend, Becky Knott, promises that she doesn’t just write about alcohol, see here , but a recent decision involving the Protected Designation of Origin for ‘Porto’ caught her eye (palate?). 2017/1001 (which the GC later said must be understood to refer to Article 8(4a) of Regulation No. 1308/2013 (see here for the Regulation).

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Public Domain Designs Design Registration 117

Biswajit Sarkar Copyright Blog

JULY 19, 2022

Unauthorized use of a work protected by copyright is referred to as copyright infringement. Public domain resources as a starting point. There are several places where you can find public domain content that is free to use. Avoid access to prior design work. What is copyright infringement?

Copyright Infringement 52

Copyright Infringement Copyright Public Domain Copying 52

Velocity of Content

JUNE 8, 2022

Barrie conceives of the character and refers to him in newly-written poems. The dust jacket text refers to the centenary of the novel’s initial publication and the fact that the rightsholder – Great Ormond’s — opted to mark this occasion by authorizing this work, promoting it as “the first ever authorized sequel to J.M.

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Derivative Work Public Domain Copyright Fair Use 105

The IPKat

FEBRUARY 12, 2024

The IPKat has received and is pleased to host the following guest contribution by Katfriend Seun Lari-Williams , PhD researcher in the fields of copyright and dispute system design at the University of Antwerp, regarding Nigeria's Copyright Act 2022 (which came into effect in 2023) and its constitutional reference to copyright as movable property.

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Copyright Moral Rights Government Public Domain 60

The IPKat

JANUARY 25, 2022

EU Designation of International Registration No. 922784 for the 3D mark below covering goods and services in Classes 12, 14, 16, 18, 20, 21, 25, 28, 30, 35, and 37: Volkswagen submitted that its marks enjoy a high degree of recognition within the relevant public in connection with, at least, vehicles in Class 12.

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Public Domain Registration Licensing Publishing 131

The IPKat

SEPTEMBER 15, 2022

One of the first enacted changes concerned the rules for calculation of the compensation paid to the patent owner in the event that an invention, utility model, or industrial design is being used without the patent owner’s authorization. Before the 2021 amendment, such use was allowed only for reasons of public defense and security.

IP 131

IP Branding Brands Branding 131

Biswajit Sarkar Copyright Blog

AUGUST 12, 2022

However, in the Intellectual Property policy framework, traditional knowledge refers to the knowledge related to medical, environmental and biological resources. This refers to the identification, documentation, transmission, revitalization and promotion of cultural heritage. Consequently, it has asked Shein to explain the use.

Intellectual Property 52

Intellectual Property Public Domain Music IP 52

IP and Legal Filings

JANUARY 29, 2024

An indication becomes generic when it returns to the public domain and is no longer protected in its country of origin or has ceased to be used there. References Gautami Govindarajan & Madhav Kapoor, Why The Protection of Geographical Indications In India Needs An Overhaul, Volume-VIII-Issue-I-39-65, NLR, 2019.

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Registration Blogging Designs Design 94

The IPKat

NOVEMBER 9, 2021

Birkenstock's claim that it had designed the pattern and it had been the first on the market to use that design, was considered by the court to as insufficient to consider that the pattern itself also significantly different from other patterns in the shoe and clothing sector. Universal Public Domain Dedication license.

Public Domain 84

Public Domain Licensing Intellectual Property Designs 84

IP and Legal Filings

SEPTEMBER 12, 2022

Subject matter of a copyright is covered under section 13 of the Copyrights Act 1957 (hereby referred to as the Act) which subsists of the following: Literary Work. The issue of copyrightable material for modern art that is object-based or based on a design still exists, though. Copyrighting Art. Subject Matter of Work. Conclusion.

Art 52

Art Copyright Artistic Work Public Domain 52

IP and Legal Filings

OCTOBER 4, 2022

Design rights are registered with the IPPD. Unregistered design rights are not recognised (although in some instances, copyright may apply). There are specific know-how provisions in the Patent and Design Law (Section 5, Federal Law No. The term of protection is ten years. The UAE is a member of the Paris Convention.

Intellectual Property 52

Intellectual Property Law Business Designs 52

Intepat

SEPTEMBER 15, 2023

Copyright laws are designed to safeguard the rights of creators. The Creator’s Conundrum: Defining Authorship in the Age of AI The emergence of AI-generated art introduces a fascinating paradox, commonly referred to as “The Creator’s Conundrum.”

Art 105

Art Copyright Ownership Non-Fungible Tokens 105

Kluwer Copyright Blog

JUNE 8, 2022

In the field of AI, bias may be present at various stages of the development of an application including the design of the algorithms, the designers of the algorithm, the identification and sampling of the learning information and the curation, annotation , and verification of the input data (see, e.g., here and here ).

Public Domain 52

Public Domain Licensing Copyright Law Copyright 52

IP and Legal Filings

MARCH 29, 2022

Intellectual Property” refers to mental creations such as inventions, literary and creative works, as well as symbols, names, and pictures utilised in business. Screen displays, visual user interfaces, web pages, and computer-generated graphic symbols are all eligible for Industrial Design Protection. INTRODUCTION.

Intellectual Property 52

Intellectual Property Intellectual Property Law Artistic Work IP 52

Velocity of Content

JULY 8, 2021

Public Domain work. Section 1201 provides a set of rules collectively referred to as “anti-circumvention”, which might be thought of as addressing the propensity of users to break open the ‘digital locks ’ that you may have placed on your super-valuable content. Image Attribution: John Tenniel (1865).

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Copyright Blogging Intellectual Property Registration 81

LexBlog IP

SEPTEMBER 29, 2021

In August 2011, the plaintiff, an English data center design company, drafted an NDA in connection with negotiations over its potential sale to a competitor. The recent decision in Bladeroom demonstrates what can happen when the drafter of an NDA tries to have it both ways. Ninth Circuit’s Decision in Bladeroom.

Confidentiality 52

Confidentiality Contracts Public Domain Designs 52

SpicyIP

NOVEMBER 15, 2022

The High Court referred to the terms of the assignment deed and ruled that “ what was agreed between the parties is traditional mode of exhibiting the cinema as could be contemplated by both parties by then, but after technical advent of exhibiting film through satellite has become available. In the present case the Assignor (Defendant no.

Trademark 105

Trademark Patent Copyright Designs 105

IP and Legal Filings

SEPTEMBER 13, 2022

In other words, a patentability search is a process of identifying the same or similar inventions with reference to the invention in the question of a patentability search. Assistant Controller of Patents and Designs [2012 SCC OnLine IPAB 192 : [2012] IPAB 191] is a great example of avoidance of Section 3(k) of the Patents Act of 1970.

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LexBlog IP

DECEMBER 14, 2023

4] To bridge the transitional period, the Commission has initiated an AI Pact – a scheme to encourage companies to voluntarily communicate the processes and practices they are putting in place to prepare for compliance and ensure that the design, development and use of AI is trustworthy. [5]

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Reporting Publishing Marketing Marketing 52

43(B)log

FEBRUARY 19, 2022

Wheaton is about no federal perpetual copyright, but it is also about what is common/public property as opposed to private property. The only mention in leg history of facts refers to the sweat of the brow doctrine. Karp agrees that (c) is not like land, which preexisted the public domain and was acquired and distributed by gov’t. (c)

Copyright 57

Copyright Moral Rights Artwork Art 57

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. billion) as this is the reason for its global importance.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. billion) as this is the reason for its global importance.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. billion) as this is the reason for its global importance.

Technology 52

Technology Patent IP Invention 52

LexBlog IP

FEBRUARY 14, 2023

Design patents protect the look of something functional, regardless of whether the functional aspects are new. Because of this, a popular use of design patents is to protect the outside of common consumer products. Increasingly, companies are investing in designing unique and aesthetically pleasing typefaces.

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Design Patent Designs Design Patent 52

Biswajit Sarkar Copyright Blog

MARCH 6, 2024

Prior art, the term mostly used during patent applications, is used to describe all information available in the public domain before the priority or filling date of the patent application. Academic researchers play an important role, as most of the time, they are concerned about publication, not patents.

Art 52

Art Patent Public Domain Invention 52

LexBlog IP

MAY 19, 2023

Furthermore, the SCOTUS decision was influenced by the existence of a licensing agreement between Goldsmith and Vanity Fair, which permitted a one-time use of her photograph as an “artist reference for an illustration.” The pre-existing licensing agreement was also a significant aspect of this case.

Fair Use 52

Fair Use Art Licensing Derivative Work 52

IP and Legal Filings

MAY 3, 2023

The definition of “ original ” as most people understand it refers to something that has never been done before by any person. The Copyright , Designs and Patents Act of 1988 in the United Kingdom specifies in Section (1)(1)(a) that copyright exists in “original literary, dramatic, musical, or artistic works.”

Copyright 91

Copyright Public Domain Copying Publishing 91

Kluwer Copyright Blog

FEBRUARY 8, 2023

Better Regulation The EU has committed itself to designing policies and laws with a greater level of transparency and evidence , backed up with the views of citizens and stakeholders. In achieving this balance, the EU legislator resorts to several tools: the Better Regulation Agenda , the subsidiarity and the proportionality principles.

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Marketing Marketing Copyright Copyright Law 108