The IPKat

JANUARY 18, 2025

related rights, performers rights), trade marks (incl., geographical indications), designs, best foreign language/non-English IP book and IP in general (books covering diverse IP rights). The deadline for submissions to the IPKat Book of the Year awards is 31 January 2025. More information here.

Intellectual Property 69

Intellectual Property IP Music Reporting 69

TorrentFreak

MARCH 24, 2025

With amendments to Article 10, the bill introduces specific offenses based on the offense of copyright infringement and related rights provided for by the Intellectual Property Code. This is most evident where sentences for copyright offenses are perceived to be less punitive than those available for crimes like fraud, for example.

Advertising 60

Advertising Advertising Marketing Marketing 60

Kluwer Copyright Blog

JANUARY 5, 2022

Even though constraints regarding shot selection are imposed by the rules and the purpose of the game itself, the director’s choices create a specific viewer experience which has been designed by the director.

Copyright Law 124

Copyright Law Copyright Law Graphic Design 124

The IPKat

DECEMBER 2, 2022

In the interim, at least, related rights, trade secrets, or protection against unfair competition, might provide some helpful alternatives. [A Related rights will only apply to video or audio, and, in any event, they are not universally recognized around the world. 2021/41/N/HS5/02726.

Copyright 145

Copyright Related Rights Intellectual Property Law Intellectual Property 145

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

Kluwer Copyright Blog

FEBRUARY 2, 2023

21, Copyright and Related Rights Act 2000 ), New Zealand ( section 5(2)(a), Copyright Act 1994 ), South Africa (section 2(h), Copyright Act 1978 ) and the UK ( Copyright, Designs and Patents Act 1988, section 9(3) ). We were not aware that the image may have been created by AI” 2.

Copyright 145

Copyright Art Registration Fair Use 145

TorrentFreak

MARCH 22, 2024

The Paris court noted that the site “encouraged the infringement of copyright and related rights by setting up tools specifically designed for the mass and illicit sharing of protected content.” ” “The operators are located in India,” the MPA informed the USTR. 1 to 3 were masked.”

Reporting 124

Reporting Intellectual Property Designs Design 124

LexBlog IP

MAY 18, 2022

The protection of moral rights, including the rights of publication, authorship, alteration, and integrity, is perpetual. 2D designs and texts on a product or packaging may be protected as written, pictorial, photographic, and graphic works, or even works of fine art, depending on the nature of the design elements.

Design 40

Design Designs Copyright Artistic Work 40

The IPKat

JANUARY 30, 2022

Here they are in case you missed them: TRADE MARKS Katfriend Marijus Dingilevskis posted on a recent decision of the Lithuanian Supreme Court, which states that even if a trade mark has been registered in the international register for 40 years, this is no guarantee that a subsequent national designation will be also registered.

Moral Rights 78

Moral Rights Database Right Designs Design 78

IPilogue

JULY 8, 2021

On 19 April 2019, the European Parliament and Council adopted the Directive on copyright and related rights in the Digital Single Market. CJEU case law has designated criteria for several exceptions; however, the criteria have no clear and decided definitions. Tugce Kucukali is an IPilogue Writer and incoming LL.M.

Copyright 105

Copyright Copyright Law Due Diligence Law 105

Kluwer Copyright Blog

MAY 1, 2024

The Berne Convention underscores the national treatment of foreign authors, allowing Union states to protect designs through various means. The Dutch Supreme Court seeks clarity on whether EU law mandates copyright limitation through reciprocity, especially concerning non-EU right holders.

Copyright 72

Copyright Art Design Designs 72

The IPKat

DECEMBER 23, 2023

Copyright and Designs Chijioke Okorie outlined the developments in copyright law across the African continent throughout the year as part of the “Africa IP Highlights” series for 2023. The overview covers the case law, legislative reforms, and public debates about current issues in copyright law.

Intellectual Property 69

Intellectual Property IP Copyright Law Invention 69

The IPKat

OCTOBER 4, 2022

its pattern, trade mark or design) to determine whether it is genuine or counterfeit. This issue has also raised the question of how to strike the right balance between the respective interests and rights of intellectual property owners on the one hand and amateur creators, users and content sharing services on the other.

Technology 119

Technology Publishing Social Media Intellectual Property 119

Technology & Marketing Law Blog

JANUARY 3, 2023

” However, Wallshoppe does not allege Defendant knew of the specific acts of infringement at issue here—Sienna Lewis selling products featuring the Palm Design on Defendant’s website. Additionally, we note that this Study revealed little demand for additional copyright-related rights for press publishers.

Copyright 111

Copyright Social Media Copyright Infringement Publishing 111

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.

Art 105

Art Contracts Publishing Licensing 105

The IPKat

DECEMBER 28, 2023

As always, readers can vote for books in five categories: Patents, Copyright (including related rights and performers’ rights), Trade Marks (including Geographical Indications), Designs and Intellectual Property (any book that covers more than one type of IP). You can check out the previous nominees and winners here.

Social Media 59

Social Media Intellectual Property Intellectual Property Law Related Rights 59

The IPKat

MARCH 18, 2023

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.

Intellectual Property 80

Intellectual Property Moral Rights Database Right Editing 80

IP and Legal Filings

NOVEMBER 30, 2022

Additionally, it requires Cambodia to maintain online databases with data on applications and registrations for patents, industrial designs, and trademarks. A GI is a label placed on goods with a geographic origin and a quality, reputation, or other attribute associated with that location. Conclusion.

Intellectual Property 95

Intellectual Property Marketing Marketing IP 95

The IPKat

NOVEMBER 7, 2021

UNION­-IP Designs Commission – Round table The Union of European Practitioners in Intellectual Property (UNION-IP) will hold a round table on the topic “Unity in Design Law - a common invalidity trap” on 12 November 2021 from 1:30pm to 4:45pm (CET) in Amsterdam. More information about the event and registration is available here.

Intellectual Property 80

Intellectual Property IP Registration Intellectual Property Law 80

The IPKat

DECEMBER 10, 2023

Marcel Pemsel commented on two instances in which the EUIPO Board of Appeal assessed whether distinctive character was present in relation to cases of trade mark applications for signs portraying a specific person’s photograph. Other news Hayleigh Bosher invited the IPKat readers to vote for the IPKat Book of the Year Awards 2023.

Registration 69

Registration Copyright Law Copyright Intellectual Property 69

azrights

AUGUST 11, 2022

Section 178 Copyright Designs and Patents Act 1988 (CDPA) introduced this law in 1980s. The CDPA designates the author of such a work as “the person by whom the arrangements necessary for the creation of the work are undertaken” (s9(3) CDPA). Most of these computer-generated works are protected by copyright in the UK.

Copyright 97

Copyright Due Diligence Designs Design 97

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 105

Copying Copyright Law Copyright Social Media 105

Kluwer Copyright Blog

DECEMBER 1, 2021

That call concerned patents, copyright and related rights, designs, trade marks and trade secrets. The Copyright, Designs and Patents Act 1988 defines a computer-generated work as a work generated by computer in circumstances such that there is no human author of the work. Text and data mining (TDM).

IP 75

IP Inventor Invention Intellectual Property 75

Kluwer Copyright Blog

DECEMBER 1, 2022

As opposed to Article 15 CDSMD, Article 17 CDSMD does not introduce a new related right to EU copyright law. Instead, it expands the protections already afforded by copyright and related rights law. To the extent that such rights fall outside of the EU acquis such gold-plating is arguably unproblematic.

Reporting 52

Reporting Marketing Marketing Copyright 52

Garrigues Blog

JUNE 26, 2024

This is a “by design” requirement which does not specify the appropriate tools for this purpose or how they should be used, leaving it up to individual providers to decide on the most appropriate method. This is unquestionably an advantage that providers should take into account when designing their systems.

Intellectual Property 59

Intellectual Property Confidentiality Content Creation Designs 59

Kluwer Copyright Blog

DECEMBER 14, 2022

And while the legislative inspiration for the Repair Exception is not entirely clear, all signs point to §56 of Germany’s Act on Copyright and Related Rights (UrhG) and date back to 1965. Member state implementations of the Repair Exception also reveal quite divergent approaches and interpretations of the provision.

Copyright 105

Copyright Cease and Desist Fair Use Publishing 105

The IPKat

SEPTEMBER 4, 2024

AGA did not accept the sales of the cookers changed by the UKIG since they were no longer counted as the original AGA Cookers which led to the infringement of AGA`s trade mark rights. Furthermore, AGA also discussed a possible copyright infringement in its design. On the copyright side, AGA was granted permission to appeal.

Personality Rights 59

Personality Rights IP Art Copyright 59

Kluwer Copyright Blog

OCTOBER 23, 2024

The SPR of EU-based researchers should apply even when the publishing contract designates the law of a non-EU country as applicable law. Binding nature The SPR should apply regardless of the copyright ownership of the publication, or of any contractual restriction in the publishing agreement.

Publishing 81

Publishing Journalism Copyright Editing 81

SpicyIP

MARCH 15, 2022

The EU took the Intellectual Property route by introducing a related right under its copy right law. Australia and EU have taken different approaches to address the issue of making platforms pay for use of news content. After a tussle with Facebook in 2021, Australia adopted News Media Bargaining Code.

Publishing 105

Publishing Marketing Marketing Advertising 105

Kluwer Copyright Blog

JUNE 28, 2022

This post focuses on selected copyright and related rights matters that the Institute details in its Position Statement. The Data Act Proposal explicitly addresses the relationship between the new right to access and share IoT data and the sui generis database right provided for in Article 7 of Directive 96/9/EC.

Copyright 52

Copyright Intellectual Property Database Right Related Rights 52

IP and Legal Filings

SEPTEMBER 28, 2021

Thus, the COVID 19 pandemic has underlined the importance of waiving patents and other IP-related rights linked to healthcare products, vaccines, and scientific processes to ensure the accessibility of the same on a global level. Image Source:gettyimages]. Highlights of the WTO TRIPS waiver proposed by South Africa and India.

IP 52

IP Related Rights Patent Technology 52

Kluwer Copyright Blog

MARCH 30, 2022

Both Article 7b(2)(c) of the Dutch Neighbouring Rights Act and Section 87g(2)(4) of the German Copyright and Related Rights Act very much stick to the wording of Article 15(1) of the CDSM Directive. Like exceptions, or perhaps even more than them, limitations are of fundamental importance in copyright’s overall design.

Publishing 52

Publishing Intellectual Property Law Intellectual Property Related Rights 52

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

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.

Blogging 95

Blogging Copyright Fair Use Reporting 95

IIPRD

NOVEMBER 23, 2022

What kinds of IP related rights would apply to quantum computing technology? This article will provide the holistic view of the current framework of IP and its related rights and how would it balance the interests of innovators/stakeholders and the interest of public. UNDERSTANDING QUANTUM COMPUTING TECHNOLOGY.

Intellectual Property 40

Intellectual Property Technology Intellectual Property Law Government 40

Kluwer Copyright Blog

MARCH 21, 2023

The ‘practical difficulties’ that the Commission acknowledges in its conclusions, which in our view stem from the regime designed in the OWD rather than the Member States’ implementation or practices, will continue to exist. The Directive will therefore continue to exist as it is, with no changes to its scope or its system.

Copyright 105

Copyright Marketing Marketing Licensing 105

The IPKat

SEPTEMBER 4, 2022

The main role of the incumbent is to provide assistance to Member States in drafting and updating their national legislation and adhering to and implementing the WIPO copyright and related rights treaties, and to conduct legal research and draft legal documents related to legislative assistance and treaty adherence and implementation.

Intellectual Property 85

Intellectual Property Registration IP Patent Drafting 85