Sun.Dec 08, 2024

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CJEU rules on vertical direct effect of InfoSoc Directive and allows national courts to disapply incorrect national transpositions

The IPKat

IPKat-approved vertical direct effect As students of EU law know, a key principle which the now Court of Justice of the European Union (CJEU) recognized for the first time in the landmark 1963 judgment in Van Gend en Loos is that of direct effect of EU law. Insofar as EU directives are concerned, they do not produce any horizontal direct effect. This means that they cannot be relied upon in private-party proceedings and do not impose obligations on individuals.

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‘Historic Decision’ to Imprison Pirate IPTV User Smells of Propaganda

TorrentFreak

After investing huge resources into tackling pirate IPTV platforms as significant as the one reportedly taken down last week , a little stagecraft should be as expected when authorities and rightsholders declare victory. Information suggests that the blackout impacted supply across Europe and beyond, so a small amount of window-dressing on the number of users affected and profits generated don’t really have a misleading impact.

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Italian language trade marks raise tough questions again in Australia

The IPKat

Ten years after the well-known decision in Cantarella Bros v Modena Trading , the Federal Court of Australia has engaged with another case about the consumer understanding of trade marks with Italian language elements. On Friday, the Full Court delivered its judgment in Caporaso Pty Ltd v Mercato Centrale Australia Pty Ltd [2024] FCAFC 156. In assessing the infringement claims and the cross-claims for invalidity, the Federal Court found that Australian consumers would not understand the word "me

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RIAA: Pillar of the Plaintiff’s Bar

Likelihood of Confusion

Originally posted 2010-11-09 10:15:20. Republished by Blog Post PromoterReuters “news service” “reports”: A record industry trade group on Thursday said it filed lawsuits against 751 people it claims used online file-sharing networks to illegally trade in copyrighted songs. Among those targeted in the suits are students at Drexel University, Harvard University, and the University of […] The post RIAA: Pillar of the Plaintiff’s Bar appeared first on LIKELIHOOD

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Software Composition Analysis: The New Armor for Your Cybersecurity

Speaker: Blackberry, OSS Consultants, & Revenera

Software is complex, which makes threats to the software supply chain more real every day. 64% of organizations have been impacted by a software supply chain attack and 60% of data breaches are due to unpatched software vulnerabilities. In the U.S. alone, cyber losses totaled $10.3 billion in 2022. All of these stats beg the question, “Do you know what’s in your software?

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The Riyadh Design Law Treaty: Bringing Design Law into the Future

IP Watchdog

In 2007, I began attending sessions of the World Intellectual Property Organizations (WIPOs) Standing Committee on Trademarks, Industrial Designs, and Geographical Indications (SCT) in Geneva, Switzerland, to discuss the development of the Design Law Treaty. I attended these yearly meetings typically on behalf of the International Association for the Protection of Intellectual Property (AIPPI), though occasionally as a representative of the American Intellectual Property Law Association (AIPLA).

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Dual Sanctions: Courts Can Layer Inherent Power Sanctions on Top of § 285 Awards

Patently-O

by Dennis Crouch In PS Products , the Federal Circuit has affirmed that district courts may impose deterrence sanctions under their inherent powers even after (or in addition to) awarding attorney fees under 35 U.S.C. 285. PS Prods. Inc. v. Panther Trading Co. , No. 2023-1665 (Fed. Cir. Dec. 6, 2024). To continue reading, become a Patently-O member.

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