The IPKat

DECEMBER 28, 2023

Readers are reminded that they can vote for their favourite intellectual property law books of 2023 in the annual IPKat Book of the Year Awards! Votes must be made via email before 15th January 2024 as per the instructions below. You can check out the previous nominees and winners here.

Social Media 58

Social Media Intellectual Property Intellectual Property Law Related Rights 58

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). Stay tuned!

Copyright Law 121

Copyright Law Law Copyright Reporting 121

Patently-O

FEBRUARY 17, 2023

This landmark legislation, modeled on the Uniform Trade Secrets Act, elevated and expanded trade secret law’s role in the federal intellectual property system. It also parallels and differs from other types of intellectual property—patent, copyright, and trademark—litigation.

Litigation 105

Litigation Intellectual Property Business Government 105

Kashishipr

NOVEMBER 10, 2021

The domain of Intellectual Property Rights (IPRs) , especially after the adoption of the Uruguay Round’s resultant, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) , has led to the adoption of an expanded understanding of IPRs in contemporary fields to strengthen the legal position of the rights holders.

Licensing 105

Licensing Invention Intellectual Property Marketing 105

Kluwer Copyright Blog

DECEMBER 1, 2021

On 29 October 2021, the UK Intellectual Property Office launched a public consultation looking at how the copyright and patent regimes should deal with artificial intelligence. That call concerned patents, copyright and related rights, designs, trade marks and trade secrets. More from our authors: Law of Raw Data.

IP 75

IP Inventor Invention Intellectual Property 75

Kluwer Copyright Blog

MARCH 14, 2022

Running from 29 October 2021 to 7 January 2022, the “ Artificial Intelligence and IP: copyright and patents ” consultation formed the latest round in an ongoing national conversation between the UK Intellectual Property Office (UKIPO) and interested stakeholders (see here ). A third alternative: the related rights approach.

IP 64

IP Public Domain Copyright Intellectual Property 64

Kashishipr

AUGUST 31, 2022

So, let us now make ourselves familiar with the five essential copyright-related terms that you should be aware of, which, in turn, shall help you take a step towards safeguarding your exclusive rights online. Intellectual Property & Intellectual Property Rights. For more visit: [link].

Moral Rights 52

Moral Rights Copyright Intellectual Property Licensing 52

Kluwer Copyright Blog

NOVEMBER 15, 2021

For most of its existence, international copyright policy at the World Intellectual Property Organization (WIPO) has focused on the creation and harmonization of exclusive rights. More from our authors: Law of Raw Data. Intellectual Property Law in China, 2nd edition. by Christopher Heath. €

Intellectual Property 145

Intellectual Property Related Rights Intellectual Property Law Copyright 145

Velocity of Content

JANUARY 7, 2025

Underwood Chair in Law, Vanderbilt University), Noam Shemtov (Professor in Intellectual Property and Technology Law/Deputy Head of CCLS, Queen Mary University of London), Haralambos Marmanis (Executive Vice President and CTO, CCC), and Catherine Zaller Rowland (Vice President and General Counsel, CCC). Menell & B.

Copyright 52

Copyright Licensing Fair Use Journalism 52

Kluwer Copyright Blog

NOVEMBER 22, 2021

Parts 1 and 2 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here and here , and part 4 will be published on the blog shortly. Related rights. More from our authors: Law of Raw Data. by Christopher Heath. €

Related Rights 52

Related Rights Law Copyright Copying 52

The IPKat

MAY 22, 2022

The Institute for Intellectual Property and Market Law (IFIM) at Stockholm University is proud and delighted to announce its new, in-person event to be held in English at Stockholm University on Thursday, June 2, 2022, on the topic: 'The DSM Directive 3 years on: The Polish challenge to Article 17 and the national transposition maze'.

Intellectual Property 84

Intellectual Property Intellectual Property Law IP Registration 84

Barry Sookman

JUNE 27, 2021

CJEU interpreting the making available right, MICM (Intellectual property – Copyright and related rights – Judgment… [link] … The post Computer and Internet Weekly Updates for 2021-06-26 appeared first on Barry Sookman. link] 2021-06-22.

Intellectual Property 52

Intellectual Property Related Rights Blogging Copyright 52

The IPKat

FEBRUARY 24, 2025

It will be co-organised by the Croatian and Hungarian national groups, and will be dedicated to the ownership and transfer of copyright and related rights. For further details and to register, click here (available soon).

Intellectual Property Law 63

Intellectual Property Law Intellectual Property Ownership Related Rights 63

The IPKat

NOVEMBER 7, 2021

Competition Law Association: 22nd Annual Burrell Lecture and Dinner The Competition Law Association will hold the 22nd Annual Burrell Lecture and Dinner at the Institute of Directors (London, UK) on 2 December 2021 from 6:15pm to 10:30pm, GMT. in intellectual property law and/or competition law.

Intellectual Property 79

Intellectual Property IP Registration Intellectual Property Law 79

Kluwer Copyright Blog

JANUARY 5, 2022

This post is based on the chapter “Audiovisual Coverage of Sports Events and Copyright Law: Originality in the Details?” Intellectual Property and Sports: Essays in Honour of P. Bernt Hugenholtz, Kluwer Law International, 2021. More from our authors: Law of Raw Data. Intellectual Property Law in China, 2nd edition.

Copyright Law 124

Copyright Law Copyright Law Graphic Design 124

Kluwer Copyright Blog

NOVEMBER 24, 2021

In the view of the BGH, an infringement of the film producer’s related right does not require that a copyright protected part had been used. The BGH assumed that an infringement of the related right of the film producer had occurred. More from our authors: Law of Raw Data. by Christopher Heath. €

Contracts 98

Contracts Copyright Law Cease and Desist 98

The IPKat

DECEMBER 13, 2023

After the first DSM Directive-related referral from Belgium on the provisions concerning contracts of authors and performers [IPKat here ] , it is now the turn of Article 15 (the related right for press publishers) as implemented into Italian law.

Related Rights 81

Related Rights Publishing Licensing Contracts 81

Barry Sookman

DECEMBER 19, 2021

Ireland European Union (Copyright and Related Rights in the Digital Single Market) Regulations SI No. Judge Cote Grants Google a TRO Against Operators of Malicious "Botnet" [link] 2021-12-13. 36-Hour Breach Notification Rule to Go into Effect for Banking Organizations [link] 2021-12-13. Twitter, Inc. link] 2021-12-13.

Privacy 45

Privacy Related Rights Copyright Marketing 45

The IPKat

APRIL 13, 2022

Three years after its adoption, the discussion of and around the Directive on copyright and related rights in the Digital SingleMarket 2019/790 (‘DSM Directive’) is anything but exhausted.

Intellectual Property 52

Intellectual Property Intellectual Property Law Related Rights Registration 52

Kluwer Copyright Blog

DECEMBER 12, 2021

European and international policymakers have raised how artificial intelligence (AI) interacts with intellectual property (IP) law on several occasions. Nonetheless, before any policy and law-making endeavour can be undertaken, a fitness test of the existing IP framework is indispensable. by Christopher Heath. €

Copyright 52

Copyright Public Domain Intellectual Property Database Right 52

Kluwer Copyright Blog

JANUARY 4, 2022

This post is based on the chapter “Audiovisual Coverage of Sports Events and Copyright Law: Originality in the Details?” Intellectual Property and Sports: Essays in Honour of P. Bernt Hugenholtz, Kluwer Law International, 2021. More from our authors: Law of Raw Data. Intellectual Property Law in China, 2nd edition.

Copyright Law 130

Copyright Law Copyright Law Intellectual Property 130

Kluwer Copyright Blog

DECEMBER 20, 2022

This contribution is based on a paper published in 44 European Intellectual Property Law Review 595 (2022). . As is known, originality has always been the essential requirement of copyright law, and only works that show some minimum amount of this attribute usually fall within the scope of protection.

Copyright 59

Copyright Related Rights Artistic Work Public Domain 59

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. In Spain, the implementation of the right was analogously broad. More from our authors: Law of Raw Data.

Publishing 52

Publishing Intellectual Property Law Intellectual Property Related Rights 52

Kluwer Copyright Blog

MARCH 29, 2022

By now, Article 15 of Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (CDSM Directive) needs no wordy introductions. Put briefly, the provision requires Member States to introduce a related (or neighbouring) right for press publishers, applicable to online uses of their publications.

Publishing 52

Publishing Related Rights Intellectual Property Law Public Domain 52

Kluwer Copyright Blog

NOVEMBER 11, 2021

17(4) and thus is shielded by the safe harbour established therein, right holders will not be able to claim damages. More from our authors: Law of Raw Data. Intellectual Property Law in China, 2nd edition. According to Art. On the contrary, if the OCSSP meets the conditions laid down in Art.

Art 121

Art Law Intellectual Property Intellectual Property Law 121

Kluwer Copyright Blog

FEBRUARY 9, 2022

Firstly, the mandatory collective management of rights prevents the author, performer, producer and, since the DSM Directive, publisher from individually exercising their exclusive rights under copyright or related rights. More from our authors: Law of Raw Data. Intellectual Property Law in China, 2nd edition.

Copyright 52

Copyright Licensing Art Publishing 52

Kluwer Copyright Blog

APRIL 22, 2022

Part II will present our conclusions regarding EU rules on related rights and outline policy recommendations for EU legislators in this field. As noted below, however, it might still benefit from protection under related rights. More from our authors: Law of Raw Data. by Christopher Heath. €

Music 72

Music Copyright Derivative Work Ownership 72

Kluwer Copyright Blog

APRIL 24, 2022

This post is the second instalment of an analysis of a recent report , a part of the reCreating Europe project, on the application of EU copyright and related rights law to outputs generated by or with the assistance of artificial intelligence (AI) systems, tools or techniques (AI outputs), with a focus on outputs in the musical domain.

Music 59

Music Copyright Related Rights Ownership 59

Kluwer Copyright Blog

DECEMBER 28, 2021

Regarding the entitlement to the rights, the recording and broadcast of a sports event are protected by related rights, which are respectively granted to producers of audiovisual works for the first fixation of the film and to broadcasting organisations for the transmission of broadcast signals for public reception.

Reporting 52

Reporting Publishing Intellectual Property Intellectual Property Law 52

The IPKat

JUNE 26, 2022

The event is designed to encourage interactive discussions among participants through panel debates, with each of them covering 4 or 5 key topics related to each specific sector. , and Copyright in Graffiti and Street Art). The website of the event contains information about the programme and registration.

Intellectual Property 118

Intellectual Property IP Registration Copyright 118

Kluwer Copyright Blog

APRIL 12, 2022

However, Member States can provide for such a right in their legislations. Even if Member States remain free to establish cable retransmission rights both for copyright holders and holders of related rights, these rights should be construed through the harmonised conceptual framework of this Directive.

Television 59

Television Art Related Rights Copyright Law 59

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. Mili is a graduate of Institute of Law, Nirma University, currently completing her LLM at LSE. The EU took the Intellectual Property route by introducing a related right under its copy right law.

Publishing 105

Publishing Marketing Marketing Advertising 105

Kluwer Copyright Blog

NOVEMBER 17, 2021

In order to bring readers up to date on earlier developments, over the next few days we will be republishing in four parts an article (originally published in “Auteurs & Media”) summarising case law from 2015 to 2019 organised by topic. This first part covers the definition of a work, authorship and moral rights.

Moral Rights 52

Moral Rights Law Copyright Copyright Law 52

Kluwer Copyright Blog

APRIL 5, 2022

UK Intellectual Property Office, UK’s future exhaustion of IPR regime. This report examines the application of EU copyright and related rights law to outputs generated by or with the assistance of artificial intelligence (AI) systems, tools or techniques (AI outputs), with a focus on outputs in the musical domain.

Copyright Law 64

Copyright Law Copyright Law Music 64

Kluwer Copyright Blog

JANUARY 25, 2022

The adoption of the Directive on Copyright and related rights in the Digital Single Market ( Directive (EU) 790/2019 , CDSM Directive) brought about important changes in the distribution of rights and responsibilities in copyright law. The creation of ‘new’ fundamental rights in not unprecedented.

Copyright 64

Copyright Intellectual Property Copyright Law Law 64