Intellectual Property, Licensing and Related Rights

Understanding Compulsory Licensing and Access to Essentials

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

Licensing Invention Intellectual Property Marketing

BREAKING: First CJEU referral on press publishers’ related right (Italian-style)

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.

Striking a balance between transparency and intellectual property rights in the Artificial Intelligence Regulation is not an easy task

Garrigues Blog

JUNE 26, 2024

AI) content used in training in order to protect third-party intellectual property rights. The aim is to facilitate this protection by increasing transparency while at the same time enabling AI systems providers to protect their own intellectual property rights and trade secrets.

Intellectual Property

Intellectual Property Confidentiality Content Creation Design

Open Access Book on Negotiating History of the WCT and WPPT by Dr. R.V.V. Ayyar

SpicyIP

JANUARY 12, 2022

Some time ago, we had brought to you a list of freely accessible scholarly material on and around Intellectual Property – the post is here and the list is here – and are happy to say that we are in the process of updating that list with even more books and materials!

Intellectual Property

Intellectual Property Publishing Copyright Technology

UK Government axes plans to broaden existing text and data mining exception

The IPKat

FEBRUARY 3, 2023

It is thus clear that TDM does matter - but what should its relationship with copyright and related rights be? On the other hand, the debate around TDM has not developed in a context devoid of licensing practices, at least in Europe.

Government

Government Related Rights Copyright Law

Protection of Nonfungible Tokens in Indonesia

IP and Legal Filings

OCTOBER 28, 2022

These classifications are then used, among other things, to establish what business licensing is necessary for a given industry. Under the Indonesian regulatory regime, ESPs are subject to various requirements and obligations related to, among other things, the. Provisions of intellectual property law will be applicable to NFTs.

Non-Fungible Tokens

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law

Sunday Surprises

The IPKat

NOVEMBER 7, 2021

4iP Council - Licensing Negotiation Groups: what, why, how 4iP will hold an online webinar to discuss the proposed formation of Licensing Negotiation Groups (LNGs) of implementers that would collectively negotiate and license standard essential patents (SEPs). in intellectual property law and/or competition law.

Intellectual Property

Intellectual Property IP Registration Intellectual Property Law

How artificial intelligence works in relation to copyright

The IPKat

DECEMBER 2, 2022

Not only do many express wonder about how these systems work, but there is even doubt whether such users even have rights to such outputs. Let us briefly examine how these systems work and then consider how intellectual property law relates to them. Disco Diffusion under MIT and Apache 2.0 ). How to live with the issue?

Copyright

Wednesday whimsies

The IPKat

JANUARY 31, 2024

Shortly after that, the European Union Intellectual Property Office (EUIPO) will also hold a webinar on trade secrets, focusing on trends in trade secrets’ litigation across the EU. This year’s theme is AI’s impact on creation, innovation, content, IP rights and competition. See here for further details.

Intellectual Property

Intellectual Property Editing Registration IP

Friday Fantasies

The IPKat

FEBRUARY 3, 2023

With the adoption of both the Directive on Copyright and Related Rights in the Digital Single Market (CDSM) and the Digital Services Act (DSA), the European Union has moved away from the notice-and-takedown model for copyright enforcement and content moderation. Click here and here to know more. Click here to know more.

Intellectual Property

Intellectual Property Intellectual Property Law Contracts IP

Sunday Surprises

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

Intellectual Property Intellectual Property Law IP Registration

The EUIPO has published the second phase of its research on Automated Content Recognition (ACR) technologies

The IPKat

OCTOBER 4, 2022

On September 22, 2022 , the European Union Intellectual Office (EUIPO), through its European Observatory on Infringements of Intellectual Property Rights, published a discussion paper entitled " Automated Content Recognition: IP Enforcement and management use cases ".

Technology

Technology Publishing Social Media Intellectual Property

European Copyright Directive: Which Stage is the European Union At?

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. Service providers should put their “best efforts” to not only license the content shared on their websites, but also prevent the reuploading of content banned by notice and takedown procedures.

Copyright

Copyright Copyright Law Due Diligence Law

Sunday Surprises

The IPKat

SEPTEMBER 4, 2022

EPIP - EPIP 2022 Conference - 14 to 16 September 2022 - Cambridge, UK The EPIP Annual conference brings together scholars, including doctoral students, working on economics, management, and law with a focus on intellectual property, along with policy-makers and stakeholders. They foster an interdisciplinary exchange of knowledge.

Intellectual Property

Intellectual Property Registration IP Patent Drafting

Copyright Legislation vis-a-vis the Music Industry : A Comparative Study of India and Indonesia

IP and Legal Filings

DECEMBER 6, 2022

Copyright is the cumulation of two words: “copy” and “right,” alternatively one may argue that copyright refers to the legal rights of the intellectual property’s real owner. According to Section 30, the holder of copyrights may license all or part of his rights to another party.

Music

Music Copyright Copyright Infringement Moral Rights

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). Stay tuned!

Copyright Law

Copyright Law Copyright Law Reporting

Around the IP Blogs

The IPKat

MAY 31, 2022

Cat in the Box " by admiller is licensed under CC BY 2.0. TRADE MARKS The impact of Brexit on trade mark cases involving UK-based rights has been a hot topic over the past two years. But for how long will UK-based rights continue to play a role in deciding EU trade mark disputes?

Blogging

Blogging Non-Fungible Tokens IP Reporting

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 Licensing Law Copyright

Saving the printed press – the Croatian implementation of Article 15 of the DSM Directive

Kluwer Copyright Blog

DECEMBER 18, 2022

This prompted some commentators to label this new addition a quasi-moral right – since there is no work of authorship to which the new moral right is attached. Nevertheless, a more precise characterisation is that this is a new related right. These licensing schemes only cover professional journalists and photographers.

Moral Rights

Moral Rights Publishing Licensing Copyright

The Five Essential Copyright-Related Terms You Need to Know

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. Copyright License.

Moral Rights

Moral Rights Copyright Intellectual Property Licensing

Africa IP highlights 2023: Reforms in IP policy, legislation and administration

The IPKat

DECEMBER 15, 2023

January: In Kenya, prospective importers were required from January 1, 2023 to declare particulars of intellectual property rights for goods to be imported into the country. 102, outline the criteria for Collective Management Organizations to determine license fees for music usage.

IP

IP Intellectual Property Copyright Music

2H 2022 Quick Links, Part 3 (Copyrights and More)

Technology & Marketing Law Blog

JANUARY 3, 2023

Not every frowning cartoon cat infringes; or at least plaintiff has failed to persuade that its intellectual property reaches that far. It could be copyright infringement to continue serving photos from servers after the license expired. Evox Productions, LLC v. Verizon Media, Inc., 2022 WL 17430309 (9th Cir. 2K Games, Inc. ,

Copyright

Copyright Social Media Copyright Infringement Publishing

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

Kluwer Copyright Blog

NOVEMBER 28, 2022

Article 18 of the CDSM provides that where authors license or transfer their exclusive rights for the exploitation of their works, they are ‘ entitled to receive appropriate and proportionate remuneration ’. More from our authors: Practical Guide to Successful Intellectual Property Valuation and Transactions. by Edward J.

Contracts

Contracts Intellectual Property Cinema Copying

AI and copyright in 2022

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

Copyright Art Fair Use Registration

ALLEA Statement on Open Access Publication under “Big Deals” and the New Copyright Rules

Kluwer Copyright Blog

DECEMBER 12, 2022

Unless these rights are contractually assigned or licensed, it is for the authors, and the institutions that employ them, to determine the conditions under which their works are to be published, reproduced, and otherwise used (including by way of OA) – not for the publishers. 8] (a) Art. 18, (b) Recital 74 and (c) Art.3 9] (a) Art.

Copyright

Copyright Publishing Journalism Art

Study on Copyright and Scientific Publications: Encouraging Access and Re-use

Kluwer Copyright Blog

DECEMBER 8, 2022

In August 2022, the European Commission’s Directorate-General for Research and Innovation published a study on EU copyright and related rights and access to and reuse of scientific publications, including open access. More from our authors: Practical Guide to Successful Intellectual Property Valuation and Transactions.

Copyright

Copyright Ownership Journalism Publishing

[Guest post] What if AI wrote this post? – An inquiry into the impact of AI on the creative industries

The IPKat

MAY 22, 2023

Hayleigh Bosher and Coran Darling giving evidence at the Inquiry Artificial intelligence is a highly debated topic in the intellectual property field currently. The use of AI technology to generate images or music and other creative works, has legal implications for copyright and related rights of creators and rightsholders.

Music

Music Intellectual Property Copyright Technology

Does food flavouring constitute a “work”?

LexBlog IP

AUGUST 30, 2023

However, the Court rejected the action as: not legal, insofar as it concerned the protection of recipes as works of intellectual property; and unfounded, because recipes are assimilated to ideas and not to works enjoying copyright protection under Greek (and EU) law. dishes and seasonings) as works of IP. (1)

Intellectual Property

Intellectual Property Moral Rights Related Rights Art

‘Copying into Copyright Law’: Ireland’s minimalist transposition of Directive 2019/790

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

Copying Copyright Law Copyright Social Media

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

Kluwer Copyright Blog

FEBRUARY 9, 2022

Exceptionally, copyright accommodates other forms of licensing that restrict the author’s individual exercise of rights. For instance, in the 2019 copyright reform, the European legislator used the mechanism of mandatory collective management of the retransmission right (art. 12 DSM Directive). 12 DSM Directive).

Copyright

Copyright Licensing Art Publishing

Why the implementation of the Italian press publishers’ right might not be compatible with EU Law

Kluwer Copyright Blog

MAY 30, 2022

Aimed at ensuring remuneration for publishers when their publications are reused online by news aggregators, Article 15 grants press publishers the right of reproduction and the right of making available for online uses of their press publications by information society service providers.

Publishing

Publishing Law Contracts Licensing

The Portuguese Government completes the transposition of the new European Copyright Directive

Garrigues Blog

SEPTEMBER 5, 2023

However, the government has introduced amendments and additions to the “old” Portuguese Code of Copyright and and Related Rights (CDADC), incorporating special features in the Portuguese law with respect to the wording and legal regime of the Copyright Directive. 47/2023, of June 19, 2023.

Government

Government Copyright Related Rights Licensing

Why the implementation of the Italian press publisher rights might not be compatible with EU Law

Kluwer Copyright Blog

MAY 30, 2022

Aimed at ensuring remuneration for publishers when their publications are reused online by news aggregators, Article 15 grants press publishers the right of reproduction and the right of making available for online uses of their press publications by information society service providers.

Publishing

Publishing Law Contracts Licensing

The Jungle Bird, El Diablo, and the Zombie or Machine Learning Models, Computer Programs and Copyright put to the test

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. Additionally, all proprietary and open source software licensing rely on copyright protection. Intellectual Property Law in China, 2nd edition.

Copyright

Copyright Public Domain Intellectual Property Database Right

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

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. Photo by Rock’n Roll Monkey on Unsplash.

IP

IP Inventor Invention Intellectual Property

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

Kluwer Copyright Blog

AUGUST 18, 2021

Fast forward and see: The Database directive stands unchanged and there is still no clear evidence that the then-new intellectual property right is an effective instrument. So effectively, the 2013 directive already curtailed public sector bodies’ copyright and sui generis rights in data. and not charging fees for re-use.

Government

Government Database Right Intellectual Property Copyright

Greek collecting societies are not entitled to collect equitable remuneration for artists and producers not represented by them by contract or mandate

LexBlog IP

MAY 4, 2022

It was formed following a state license, in order to collect, among other things, the equitable remuneration provided by article 49 of Law 2121/93 in favour of producers, performers, and musicians for the public performance of legitimately released sound carriers. The direct licensing of in-store music was not covered by the agreement.

Contracts

Contracts Music Related Rights Television

Kluwer Copyright Blog

JANUARY 18, 2023

As such, the exemption is reduced to a priority for individual licensing. VGG, an extended collective licensing mechanism, something which is set out as optional under EU law (see below). The new related right for press publishers (Sections 87 et seqq. d) Caricature, parody and pastiche.

Copyright

Whither a Signal-Based Broadcast Treaty?

Kluwer Copyright Blog

APRIL 18, 2024

This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License. Copyright: WIPO. Photo: Emmanuel Berrod. WIPO negotiators appear prepared to approve a draft Broadcast Treaty that is no longer “signal-based” or limited to “traditional” (non-Internet-based) broadcasting.

Public Domain

Public Domain Contracts Copyright Licensing

ALLEA Statement in Support of Secondary Publication Rights for Scholarly Articles

Kluwer Copyright Blog

OCTOBER 23, 2024

About this Statement This ALLEA statement has been prepared by the ALLEA Permanent Working Group on Intellectual Property Rights (PWGIPR) , with Prof P. Learn more here. Bernt Hugenholtz as principal author. Citation : For citation purposes, please use the following: ALLEA.

Publishing

Publishing Journalism Copyright Editing

UKIPO’s public consultation on AI and IP – computer-generated works (Part 1)

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

IP Public Domain Copyright Intellectual Property

Key 2023 update: EU Directive implemented in Greek copyright law

LexBlog IP

JANUARY 24, 2024

It has several aims, including the following: To facilitate copyright and related rights licensing in protected works and other subject matters in certain television transmissions and radio programs. To introduce a mechanism of extended copyright licensing.

Copyright Law

Copyright Law Law Copyright Television

Generative AI and copyright: Convergence of opt-outs?

Kluwer Copyright Blog

NOVEMBER 23, 2023

If adopted in this form, such a provision would significantly strengthen the position of creators and rights holders to prevent or license the use of their works for the purpose of training generative AI models as foreseen in the CDSM Directive. Jaszi Distinguished Lecture on Intellectual Property in September of this year.

Copyright

Copyright Fair Use Publishing Reporting

When must public performances of musical works be reported to CMOs?

LexBlog IP

JUNE 7, 2023

The introduction of Law 4481/2017 into the Greek legislation aimed to regulate the collective management of IP and relative rights, thus amending the EU Collective Rights Management Directive. (1) The A & K Metaxopoulos & Partners Law Firm website can be accessed at www.metaxopouloslaw.gr.

Reporting

Reporting Music Related Rights Licensing

Understanding Compulsory Licensing and Access to Essentials

BREAKING: First CJEU referral on press publishers’ related right (Italian-style)

Trending Sources

Striking a balance between transparency and intellectual property rights in the Artificial Intelligence Regulation is not an easy task

Open Access Book on Negotiating History of the WCT and WPPT by Dr. R.V.V. Ayyar

UK Government axes plans to broaden existing text and data mining exception

Protection of Nonfungible Tokens in Indonesia

Sunday Surprises

How artificial intelligence works in relation to copyright

Wednesday whimsies

Friday Fantasies

Sunday Surprises

The EUIPO has published the second phase of its research on Automated Content Recognition (ACR) technologies

European Copyright Directive: Which Stage is the European Union At?

Sunday Surprises

Copyright Legislation vis-a-vis the Music Industry : A Comparative Study of India and Indonesia

EU copyright law round up – fourth trimester of 2021

Around the IP Blogs

Establishment and operation of CMOs in Greece

Saving the printed press – the Croatian implementation of Article 15 of the DSM Directive

The Five Essential Copyright-Related Terms You Need to Know

Africa IP highlights 2023: Reforms in IP policy, legislation and administration

2H 2022 Quick Links, Part 3 (Copyrights and More)

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

AI and copyright in 2022

ALLEA Statement on Open Access Publication under “Big Deals” and the New Copyright Rules

Study on Copyright and Scientific Publications: Encouraging Access and Re-use

[Guest post] What if AI wrote this post? – An inquiry into the impact of AI on the creative industries

Does food flavouring constitute a “work”?

‘Copying into Copyright Law’: Ireland’s minimalist transposition of Directive 2019/790

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

Why the implementation of the Italian press publishers’ right might not be compatible with EU Law

The Portuguese Government completes the transposition of the new European Copyright Directive

Why the implementation of the Italian press publisher rights might not be compatible with EU Law

The Jungle Bird, El Diablo, and the Zombie or Machine Learning Models, Computer Programs and Copyright put to the test

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

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

Greek collecting societies are not entitled to collect equitable remuneration for artists and producers not represented by them by contract or mandate

The EU DSM Copyright Directive: Implementation in Germany 2021 – Part II

Whither a Signal-Based Broadcast Treaty?

ALLEA Statement in Support of Secondary Publication Rights for Scholarly Articles

UKIPO’s public consultation on AI and IP – computer-generated works (Part 1)

Key 2023 update: EU Directive implemented in Greek copyright law

Generative AI and copyright: Convergence of opt-outs?

When must public performances of musical works be reported to CMOs?

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