Government, Marketing and Related Rights - Intellectual Property Pulse

Saturday Sundries

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). government agencies, international partners and the public on shared AI priorities. Further details here.

Intellectual Property

Intellectual Property IP Music Reporting

Protection of Nonfungible Tokens in Indonesia

IP and Legal Filings

OCTOBER 28, 2022

As of this writing, there is no explicit regulation governing the NFT market or the way NFTs should be produced, acquired, gathered, coined, etc. The Indonesian government has examined the existence of blockchain technology cautiously, leaning more toward acceptance of the new technology than outright prohibition. Conclusion.

Non-Fungible Tokens

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law

Art. 17 DSM Directive: International Application in EU cross-border scenarios – Or: Why the EU needs a faithful implementation into national law

Kluwer Copyright Blog

JUNE 21, 2021

Article 17 Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (“DSM Directive”) is currently being implemented into national law in the EU Member States. There is some controversy as to how the right of communication to the public as mentioned in Art. Image of conolan on Pixabay.

Art

Art Law Related Rights Marketing

Understanding Compulsory Licensing and Access to Essentials

Kashishipr

NOVEMBER 10, 2021

Where it is known as compulsory licensing in reference to patents, it is known as statutory licenses in reference to copyright and related rights. Lastly, Article 7 allows space for elaboration by stating that the use of IPRs should be in a manner conducive to social and economic welfare and to balance rights and obligations.

Licensing

Licensing Invention Intellectual Property Marketing

EU copyright law round up – fourth trimester of 2021

Kluwer Copyright Blog

DECEMBER 26, 2021

This seems to have pushed EU Member States towards compliance – the latest examples here are the Irish European Union (Copyright and Related Rights in the Digital Single Market) Regulations 2021 (19 November), the Italian Decree (published on 27 November), and the Estonian Act implementing the Directive (8 December).

Copyright Law

Copyright Law Law Copyright Reporting

Cambodia and its RCEP Accession

IP and Legal Filings

NOVEMBER 30, 2022

By integrating 16 nations’ markets, the Regional Comprehensive Economic Partnership (RCEP) aspires to make it simpler for each nation’s goods and services to be available throughout the region. The government’s free and open economic and trade policies have been a major contributor to the growth of the Cambodian economy.

Intellectual Property

Intellectual Property Marketing Marketing IP

AI and IP – to legislate or not? UKIPO’s public consultation seeks evidence

Kluwer Copyright Blog

DECEMBER 1, 2021

In a 2020 consultation , the government sought to broadly understand the implications of AI for IP. That call concerned patents, copyright and related rights, designs, trade marks and trade secrets. This is not the first time the UKIPO has engaged with a public call for views on the topic of AI and IP.

IP

IP Inventor Invention Intellectual Property

Role Of Intellectual Property Rights In The Era Of Quantum Technology

IIPRD

NOVEMBER 23, 2022

Recent advances in the technical field of quantum technologies have not only experienced high amount of attention in information science and software engineering disciplines but also gained a wide interest of government due to its complexity and global significance. What kinds of IP related rights would apply to quantum computing technology?

Intellectual Property

Intellectual Property Technology Intellectual Property Law Government

Sunday Surprises

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

Intellectual Property Registration IP Patent Drafting

AI and IP – A real conversation starter

IP Whiteboard

OCTOBER 15, 2020

For instance, the traditional principles behind patents (being exclusive rights granted on a temporary basis in exchange for making the details of an invention publicly available), and the usual grounds for establishing infringement of a patent, may not apply where an AI retains these details in a ‘black box’. Copyright and related rights.

IP

IP Intellectual Property Invention Copyright

Understanding well-known trademarks application in India

Selvam & Selvam Blog

SEPTEMBER 7, 2023

It is divided into three parts: Part I discusses the origin and statutory provisions governing well-known trademarks in India; Part II analyzes the benefits of gaining a well-known trademark status for businesses; Part III details out the procedure for seeking a well-known trademark status, and Part IV concludes the article.

Trademark

Trademark Registration Intellectual Property Business

Unrequited love at the times of French maisons: the Museum vs Le Musée

Kluwer Copyright Blog

NOVEMBER 20, 2022

According to article 107 CCH “ The Ministry, the Regions and other territorial government bodies may permit the reproduction as well as the instrumental and temporary use of the cultural properties committed to their care, without prejudice to the provisions in paragraph 2 and those with regard to copyright”.

Artwork

Artwork Public Domain Art Copyright

[Guest post] New Ukrainian Law on Copyright and Related Rights

The IPKat

JANUARY 24, 2023

Here's what Kateryna and Liubov write : New Ukrainian Law on Copyright and Related Rights by Kateryna Militsyna and Liubov Maidanyk Last year, the Ukrainian copyright reform got on its fast track. In July the Ukrainian parliament approved one of the legislative proposals on copyright and related rights as a basis.

Please share nicely — From Database directive to Data (governance) acts

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. Stage II: The Data Governance Act. But the Data governance act would do more. 1(6) Open data directive).

Government

Government Database Right Intellectual Property Copyright

CDSM: French transposition Order annulled to the extent that it does not provide for ‘appropriate’ remuneration for authors

Kluwer Copyright Blog

NOVEMBER 28, 2022

Some consider that the Government was influenced by the French union of book publishers Syndicat National de l’Edition – SNE when it decided to leave out the term ‘appropriate’ when transposing the principle of ‘ appropriate and proportionate remuneration ’ of articles 18 and 20 of the CDSM.

Contracts

Contracts Intellectual Property Cinema Copying

[Guest post] Litigation commenced against the developers of AI image generation software

The IPKat

FEBRUARY 3, 2023

While the Irish Copyright and Related Rights Act includes a similar provision concerning the authorship of computer-generated works, Irish academics have noted this provision may be inconsistent with the EU acquis.

Litigation

Litigation Copying Copyright Design

[Guest post] CJEU: New licensing rules for the provision of guest TVs in Germany?

The IPKat

JULY 15, 2024

Pestana, where it already held that Directive 93/83 only governs the exercise of the cable retransmission right in the relationship between copyright owners and holders of related rights, on the one hand, and ‘cable operators’ or ‘cable distributors’, on the other, and that these concepts designate the operators of traditional cable networks.

Licensing

Licensing Television Marketing Marketing

AI and copyright in 2022

Kluwer Copyright Blog

FEBRUARY 2, 2023

There is uncertainty over how much selection and refinement is needed to produce the best work (see examples of selection, refinement and reworking here and here ) and getting the right prompt is challenging enough to have created a market for effective prompts.

Copyright

Copyright Art Registration Fair Use

Sunday Surprises

The IPKat

MAY 22, 2022

This is because the National Archives has today taken over responsibility for the external publication of court judgments, creating the first publicly accessible government database of judgments.

Intellectual Property

Intellectual Property Intellectual Property Law IP Registration

A summary look at the Portuguese transposition of the CDSM Directive

Kluwer Copyright Blog

JUNE 27, 2023

In addition to significantly changing the Portuguese Copyright Code , the Decree-Law also affects Law 26/2015 on collective management organizations and Decree-Law 122/2000 on databases, and creates a new dispute resolution mechanism called “specialized institutionalized arbitration and mediation in matters of copyright and related rights”.

Art

Art Contracts Publishing Licensing

Establishment and operation of CMOs in Greece

LexBlog IP

OCTOBER 13, 2021

Also, article 18(3) of Law 4481/2017 states as follows: Management fees of the collective management organisation shall not exceed the justified and documented costs in managing copyright and related rights. Management fees should not exceed, on average, 20% of the gross rights revenue of the collective management organisation.

Related Rights

Related Rights Law Licensing Copyright

Sunday Surprises

The IPKat

DECEMBER 3, 2023

The Congress is aimed at discussing six main topics and their relation to the Metaverse: the European Digital Acts, the Legal Status of Avatars and Digital Identity, Privacy and Personal Data Protection, Content and Conduct Moderation, Virtual Worlds as Markets and Cybersecurity. The deadline is set on the 20 December 2023.

Privacy

Report on a roundtable on academic publishing and genAI deals – GenAI and copyright series at the Institute of Brand and Innovation Law

Kluwer Copyright Blog

DECEMBER 17, 2024

Jurisdiction According to the EU AI Act and its Recital 106 providers of general-purpose AI models should put in place a policy to comply with Union law on copyright and related rights.

Publishing

Publishing Reporting Brands Branding

Belgian Constitutional Court refers 13 questions on DSM Directive to the CJEU

The IPKat

SEPTEMBER 26, 2024

15 of DSM Directive introduced a related right for press publishers to control the online uses of their press publications by information society service providers (ISSPs). They also claimed that this new system goes against the traditional set-up of licensing practices in Europe and will lead to market fragmentation.

Publishing

Publishing Art Licensing Confidentiality

Commission sends reasoned opinions to 13 Member States for failure to transpose CDSM Directive into national law

Kluwer Copyright Blog

MAY 26, 2022

263 TFEU was filed by the Polish Government in relation to aspects of Article 17 of the CDSM Directive. The CDSM Directive was published in May 2019 (see here and here for an overview), following a controversial legislative process at EU level. In addition, an action for annulment under Art.

Law

Law Intellectual Property Related Rights Art

The AI Act provisions relating to copyright – Possibility of private enforcement? Germany as an example – Part 2

Kluwer Copyright Blog

FEBRUARY 4, 2025

The UWG is part of competition law and serves to protect market participants from unfair business practices. As sanctions, the UWG provides a right to prohibitory injunctive relief or removal in Section8 and a right to compensation in Section 9. The provision governing legal standing to sue is particularly interesting.

Copyright

Copyright Marketing Marketing Copyright Law

CDSM: French transposition on the remuneration of performers

Kluwer Copyright Blog

APRIL 21, 2023

2021-580 of 12 May 2021 (‘transposition Order’) of the French Government implements articles 2(6) and 17 to 23 of the EU Directive 2019/790 on copyright and related rights in the Digital Single Market (‘CDSM’). Image by Pexels from Pixabay Order no.

Contracts

Contracts Intellectual Property Music Cinema

On the necessity of filtering online content and its limitations: AG Saugmandsgaard Øe outlines the borders of Article 17 CDSM Directive

Kluwer Copyright Blog

JULY 20, 2021

In its long-awaited Opinion on an action brought by Poland to annul certain parts of Article 17 of the Directive on copyright and related rights in the Digital Single Market (CDSM Directive), Advocate General (AG) Saugmandsgaard Øe demarcates the borders of permitted filtering of users’ uploads.

Copyright

Copyright Settlement Government Copyright Infringement

Copyright and the meta-regulation of intermediary services and artificial intelligence

Kluwer Copyright Blog

JUNE 13, 2024

These overall aims also include the protection of copyright and related rights. 85 AI Act only sets out a “right to lodge a complaint with a market surveillance authority”, and recital 170 AI Act suggests that this right exhausts the available remedies available to private parties. 34 and 35 DSA).

Copyright

Copyright Art Copyright Law Copyright Infringement

NFTs: promisingly transformational, yet fraught with IP pitfalls – Part I

Kluwer Copyright Blog

JUNE 19, 2023

However, de facto they merely owned proof of ownership without any proprietary value, as all copyright and any related rights were retained and not granted upon purchase. Copyright that is transferred upon selling an NFT may explicitly be outlined in the self-executing smart contract governing the sale.

Non-Fungible Tokens

Non-Fungible Tokens IP Ownership Contracts

Member States referred to the CJEU for failure to transpose copyright directives into national law

Kluwer Copyright Blog

MARCH 15, 2023

Photo by Sara Kurfeß on Unsplash The European Commission has referred six Member States (Bulgaria, Denmark, Finland, Latvia, Poland and Portugal) to the Court of Justice of the European Union (CJEU) for failure to notify complete transposition measures on copyright in the Digital Single Market ( Directive (EU) 2019/790 ) (CDSM Directive).

Copyright

Copyright Law Editing Related Rights

Mandatory collective management of copyright: when the road to deadlock is paved with good intentions

Kluwer Copyright Blog

FEBRUARY 9, 2022

Member States, of course, have their own tradition with collective management (as amply demonstrated in the rich 2021 Study on emerging issues on collective licensing practices ), which they have adopted as a mandatory tool for exercising the rights of authors and other right holders in a wide variety of situations (as acknowledged under rec.

Copyright

Copyright Licensing Art Publishing

Is the Spanish implementation of Art. 17 CDSM compatible with EU Law?

Kluwer Copyright Blog

NOVEMBER 11, 2021

Indeed, the Spanish transposition of the CDSM Directive , which was approved overnight by means of a Government Decree published on the 3 rd of November and which entered into force the following day, came with some surprises, including an apparent carve out from the liability exemption granted in Art. 17(4) of the CDSMD.

Art

Art Law Intellectual Property Intellectual Property Law

Generative AI and copyright: Convergence of opt-outs?

Kluwer Copyright Blog

NOVEMBER 23, 2023

Of the respondents, only Google explicitly positions its opt-out protocol as an implementation of Article 4(3) of the CDSM Directive: Google-Extended is an example of an approach that complies with the European Union Digital Single Market Copyright Directive, and specifically Article 4’s reference to machine-readable opt-out tools.

Copyright

Copyright Fair Use Publishing Reporting

Opinion of the European Copyright Society on certain selected aspects of Case C-227/23, Kwantum Nederland and Kwantum België

Kluwer Copyright Blog

MAY 1, 2024

The Dutch Supreme Court seeks clarity on whether EU law mandates copyright limitation through reciprocity, especially concerning non-EU right holders. In EU law, the Design Directive and Regulation govern the relationship between copyright and design protection for works of applied art.

Copyright

Copyright Art Designs Design

Sunday Surprises

The IPKat

JUNE 26, 2022

Government who will present and discuss subjects having significant importance for SMEs and being of major priority for policymakers on both sides of the Atlantic. Its massive use brings legal consequences for classic IP rights and offers real challenges in particular to trade marks, copyright and related rights and patents.

Intellectual Property

Intellectual Property IP Registration Copyright

After the Decision of the CJEU on the Validity of Article 17 CDSMD, What’s Next? The Regulatory Task Ahead and a Proposal for an Independent EU Copyright Institution – Part II

Kluwer Copyright Blog

MAY 18, 2022

Thus, to circumvent the costly, and at times politically sensitive, task of regulating conduct online, governments rather encouraged private actors themselves to structure, implement and enforce their own sets of rules and procedures preventing illegal conduct. Conclusion.

Copyright

Copyright Marketing Marketing Law

Is the Italian Legislation on Collective Copyright Management compliant with EU Law?

Kluwer Copyright Blog

FEBRUARY 12, 2023

One of its main purposes is to set common minimum requirements regarding the governance, financial management, transparency and reporting of the CMO themselves (for an earlier analysis, see here ). The CRM Directive aims inter alia at strengthening the protection of the interests of members of CMOs, rightholders and third parties.

Copyright

Copyright Law Marketing Marketing

Digital Constitutionalism and Copyright Reform: Securing Access to through Fundamental Rights in the Online World

Kluwer Copyright Blog

JANUARY 25, 2022

Especially in times of change, they serve as guiding principles for citizens, governments and, if push comes to shove, the judiciary. It introduced new roles for actors who constitute the infrastructure of the internet and entrusted them with tasks that directly affect the fundamental rights of users online.

Copyright

Copyright Intellectual Property Copyright Law Law

Constitutional Safeguards in the “Freedom of Expression Triangle” – Online Content Moderation and User Rights after the CJEU’s Judgement on Article 17 Copyright DSM Directive

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

Copyright Settlement Law Copying

The long and bumpy road to copyright for the digital market – the implementation of the CDSM in Poland – Part I

Kluwer Copyright Blog

MARCH 17, 2025

The new copyright law, the amended Polish Copyright and Related Rights Act of 1994, entered into force in the early autumn of 2024. The implementing law amended three acts: the Copyright and Related Rights Act, the law on the protection of databases, and the act on collective management.

Marketing

Marketing Marketing Copyright Related Rights

Remuneration for use of works in text and data mining

Kluwer Copyright Blog

MARCH 28, 2025

Opt-out reservations as a licensing mechanism Based on existing rules, it is possible to use the opt-out model of Article 4 of the Copyright in the Digital Single Market (DSM) Directive as a starting point for constructing a scheme for the compensation of creators. This post will take a closer look at these three proposals.

Licensing

Licensing Copyright Related Rights Copying

First draft of the General-Purpose AI Code of Practice has been released

Kluwer Copyright Blog

DECEMBER 16, 2024

Article 3(63) of the AI Act defines a GPAI model as an AI model which displays significant generality and is capable of competently performing a wide range of distinct tasks regardless of the way the model is placed on the market and that can be integrated into a variety of downstream systems or applications .

Copyright Law

Copyright Law Due Diligence Copyright Technology

Saturday Sundries

Protection of Nonfungible Tokens in Indonesia

Trending Sources

Art. 17 DSM Directive: International Application in EU cross-border scenarios – Or: Why the EU needs a faithful implementation into national law

Understanding Compulsory Licensing and Access to Essentials

EU copyright law round up – fourth trimester of 2021

Cambodia and its RCEP Accession

AI and IP – to legislate or not? UKIPO’s public consultation seeks evidence

Role Of Intellectual Property Rights In The Era Of Quantum Technology

Sunday Surprises

AI and IP – A real conversation starter

Understanding well-known trademarks application in India

Unrequited love at the times of French maisons: the Museum vs Le Musée

[Guest post] New Ukrainian Law on Copyright and Related Rights

Please share nicely — From Database directive to Data (governance) acts

CDSM: French transposition Order annulled to the extent that it does not provide for ‘appropriate’ remuneration for authors

[Guest post] Litigation commenced against the developers of AI image generation software

[Guest post] CJEU: New licensing rules for the provision of guest TVs in Germany?

AI and copyright in 2022

Sunday Surprises

A summary look at the Portuguese transposition of the CDSM Directive

Establishment and operation of CMOs in Greece

Sunday Surprises

Report on a roundtable on academic publishing and genAI deals – GenAI and copyright series at the Institute of Brand and Innovation Law

Belgian Constitutional Court refers 13 questions on DSM Directive to the CJEU

Top 10 Posts on the Kluwer Copyright Blog in 2022

Commission sends reasoned opinions to 13 Member States for failure to transpose CDSM Directive into national law

The AI Act provisions relating to copyright – Possibility of private enforcement? Germany as an example – Part 2

CDSM: French transposition on the remuneration of performers

On the necessity of filtering online content and its limitations: AG Saugmandsgaard Øe outlines the borders of Article 17 CDSM Directive

Copyright and the meta-regulation of intermediary services and artificial intelligence

NFTs: promisingly transformational, yet fraught with IP pitfalls – Part I

Member States referred to the CJEU for failure to transpose copyright directives into national law

Mandatory collective management of copyright: when the road to deadlock is paved with good intentions

Is the Spanish implementation of Art. 17 CDSM compatible with EU Law?

Generative AI and copyright: Convergence of opt-outs?

Opinion of the European Copyright Society on certain selected aspects of Case C-227/23, Kwantum Nederland and Kwantum België

Sunday Surprises

After the Decision of the CJEU on the Validity of Article 17 CDSMD, What’s Next? The Regulatory Task Ahead and a Proposal for an Independent EU Copyright Institution – Part II

Is the Italian Legislation on Collective Copyright Management compliant with EU Law?

Digital Constitutionalism and Copyright Reform: Securing Access to through Fundamental Rights in the Online World

Constitutional Safeguards in the “Freedom of Expression Triangle” – Online Content Moderation and User Rights after the CJEU’s Judgement on Article 17 Copyright DSM Directive

The long and bumpy road to copyright for the digital market – the implementation of the CDSM in Poland – Part I

Remuneration for use of works in text and data mining

First draft of the General-Purpose AI Code of Practice has been released

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