IPKat Book of the Year Awards 2024
The IPKat
DECEMBER 19, 2024
Only books published in 2024 are eligible for the award.
Intellectual Property Publishing Related Rights 
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. All this would serve to ‘foster the availability of reliable information’.
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Book review: Guidebook to Intellectual Property + discount code
The IPKat
MARCH 18, 2023
This is a review of Guidebook to Intellectual Property (seventh edition) authored by Sir Robin Jacob (8 New Square and UCL, Matthew Fisher (UCL) and Lynne Chave (UCL). A discount for IPkat readers has kindly been provided by the publisher, please see below for the code.
Under a New EU-Focused Copyright Law, Musical Artists Currently Earn *Nothing*
TorrentFreak
JANUARY 22, 2023
An EU assessment published early 2021 identified many areas in need of attention ( pdf ). According to an EU statement dated January 2022, Moldova’s State Agency for Intellectual Property ( AGEPI ) responded with a new draft transposing nine EU directives in full and four EU directives in part.
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Deadline extension: IPKat Book of the Year Awards 2024
The IPKat
JANUARY 29, 2025
This said, we are eagerly waiting for your votes and invite you to consult our most recent book reviews if you are need to refresh your memory on what was published in 2024! Please remember that, just as in previous years, only one vote per person is allowed. , The IPKat does not disclose nominations until the voting ends.
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Guest Post: Press Publishers’ Rights In Indian News Media Digital Space
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. Her areas of interest are Information Technology law, Intellectual Property law, Media & Communication Law, and human rights law. . Image from here.
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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 ". Audible Magic ).
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IPKat Book of the Year Awards 2023
The IPKat
DECEMBER 1, 2023
It is time to vote for your favourite intellectual property law books of 2023 in the annual IPKat Book of the Year Awards! The IPKat team continues to read and review as many brilliant IP books as possible, of which there are many, for the Kat community. This can be a link to your work profile, LinkedIn or other social media page.
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Advertising on Pirate Sites Outlawed in Ukraine Under New Law
TorrentFreak
SEPTEMBER 20, 2023
The amendments relating to online advertising are considerable but of particular interest is a section that outlaws placement of advertising on pirate platforms, in clearly defined circumstances. Law of Ukraine No.
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The WIPO Files I: the quest to protect user rights
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. Intellectual Property Law in China, 2nd edition. More from our authors: Law of Raw Data. by Christopher Heath. €
Open Access Book on Negotiating History of the WCT and WPPT by Dr. R.V.V. Ayyar
SpicyIP
JANUARY 12, 2022
Dr VRR Ayyar’s book, “Present at Creation: The Making of Internet Treaties (1996)”, published in 2021. And it’s published under a creative commons license, with the text available on his website here. There is however one stand-out entry that looks like it will be of interest to several of our readers.
Potential Impact on Major Pirate Sites as Vietnam ISPs Face New Responsibilities
TorrentFreak
MAY 12, 2023
After spending more than 16 years implementing intellectual property laws introduced in 2005, amendments to intellectual property law in Vietnam came into effect on January 1, 2023. ” Hollywood studios and publishers of Japanese anime and manga have long complained of difficulties enforcing their rights in Vietnam.
France Mulls Instant IPTV Blocks, €750K Fines & New Piracy Crime of ‘Incitement’
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. The scope of potential punishments appears to leave prosecutors and the courts with plenty of room for maneuver.
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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).
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ALLEA Statement on Open Access Publication under “Big Deals” and the New Copyright Rules
Kluwer Copyright Blog
DECEMBER 12, 2022
The European Federation of Academies of Sciences and Humanities (ALLEA) has for many years supported the move away from proprietary models of scientific publishing towards Open Access (OA). [1] As a recent study demonstrates, commercial publishers currently derive more than two billion USD annually from APCs.
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Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 3 of 4: Related rights and exceptions and limitations
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. Intellectual Property Law in China, 2nd edition.
Saving the printed press – the Croatian implementation of Article 15 of the DSM Directive
Kluwer Copyright Blog
DECEMBER 18, 2022
Favouring the press publishers. 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.
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Hope For Hollywood? Vietnam Police Raid Movie Piracy Group, Three Arrested
TorrentFreak
JANUARY 10, 2024
Vietnam’s approach to the protection of intellectual property rights has long been criticized by the United States, earning the country prominent placement in successive USTR Special 301 Reports. Images of all three men have since been published online, but the main focus is on alleged ringleader, Phan Ngoc Tuan.
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Why the implementation of the Italian press publishers’ right might not be compatible with EU Law
Kluwer Copyright Blog
MAY 30, 2022
Much has been said about the press publishers’ right, introduced by Article 15 of the Directive on Copyright in the Digital Single Market (CDSM). An important but relatively neglected flaw is its silence on the features of the licensing mechanism that Member States may and shall adopt for the management of the press publishers’ right.
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Copyright, AI Training, and LLMs: Historical Perspective and Infringement Analysis
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.
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Protection of Nonfungible Tokens in Indonesia
IP and Legal Filings
OCTOBER 28, 2022
Most significantly, “the development of blockchain technology” has been accepted as a legal business activity by the Indonesian standard industrial business categorization code, which was published in 2020. Provisions of intellectual property law will be applicable to NFTs. cross-border transfer of personal data.
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? Recital 8 acknowledges, on the one hand, the value and potential of TDM but, on the other hand, notes the restrictions that copyright and related rights pose to the doing of TDM activities without a licence.
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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. Consequently, the European Commission has tried to eliminate certain ambiguities by publishing the Guidance on Article 17. Tugce Kucukali is an IPilogue Writer and incoming LL.M.
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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. Tattoos are “published” when completed. Additionally, we note that this Study revealed little demand for additional copyright-related rights for press publishers.
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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 to know more. More details to come. More information to come.
Why the implementation of the Italian press publisher rights might not be compatible with EU Law
Kluwer Copyright Blog
MAY 30, 2022
Much has been said about the press publishers’ right, introduced by Article 15 of the Directive on Copyright in the Digital Single Market (CDSM). An important but relatively neglected flaw is its silence on the features of the licensing mechanism that Member States may and shall adopt for the management of the press publishers’ right.
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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. According to Art.
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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) ). The UKIPO has since been speaking with specific stakeholders.
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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. The post is published under a Creative Commons Attribution 4.0 Image by Mediamodifier from Pixabay.
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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'.
Never Too Late: If you missed the IPKat last week!
The IPKat
DECEMBER 23, 2023
Léon has recently published a book on the subject, which is being launched on 12 January 2024. Intellectual Property Generally Chijioke Okorie concluded the “Africa IP Highlights 2023" series by highlighting some of the key reforms in IP policy, legislation and administration in Africa this year.
IPKat Book of the Year Awards 2023 - reminder!
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. Rules of Voting Only ONE vote per person.
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Commission sends reasoned opinions to 13 Member States for failure to transpose CDSM Directive into national law
Kluwer Copyright Blog
MAY 26, 2022
The CDSM Directive was published in May 2019 (see here and here for an overview), following a controversial legislative process at EU level. More from our authors: Practical Guide to Successful Intellectual Property Valuation and Transactions. by Alexander Puutio. € Internet Law: A Concise Guide to Regulation Around the World.
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Estonian Supreme Court rules on the communication to the public of phonograms by a (non-profit) dance school
Kluwer Copyright Blog
MARCH 24, 2022
MTÜ Urban Style , the Estonian Supreme Court examined the circumstances that should be taken into account in determining the amount of the equitable remuneration that phonogram producers and performers are entitled to claim if a phonogram published for commercial purposes or a reproduction thereof is used for communication to the public.
The WIPO Files II: is international lawmaking on copyright still possible?
Kluwer Copyright Blog
MAY 25, 2022
The 42nd session of the World Intellectual Property Organization’s (WIPO) Standing Committee on Copyright and Related Rights (SCCR) took place from 9 to 13 May 2022 in Geneva. More from our authors: Practical Guide to Successful Intellectual Property Valuation and Transactions. Image by Ag Ku via Pixabay.
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The European Audiovisual Observatory publishes the Mapping report on national remedies against online piracy of sports content
Kluwer Copyright Blog
DECEMBER 28, 2021
The European Audiovisual Observatory (“EAO”) has recently published the Mapping report on national remedies against online piracy of sports content (“Report”), conducted at the request of the European Commission. Intellectual Property Law in China, 2nd edition. Image by Marco Verch under Creative Commons 2.0.
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ALLEA Statement in Support of Secondary Publication Rights for Scholarly Articles
Kluwer Copyright Blog
OCTOBER 23, 2024
The European Federation of Academies of Sciences and Humanities (ALLEA) has for many years supported the move away from proprietary models of scholarly publishing towards Open Access (OA). [1] In those six Member States where SPRs do exist, the rules regarding the conditions and scope of the right vary considerably.
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The InfoSoc Directive and the Right to Repair: exploring the boundaries of a lesser-known copyright exception
Kluwer Copyright Blog
DECEMBER 14, 2022
In this blog post, based on a recently published article , I assess this lesser-explored exception and call for its wider implementation and expansive interpretation by EU member states. . It is often prepared and published by either the original equipment manufacturers (OEMs) or third-party publishers. Image by Annie Spratt.
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Can someone’s face be a trade mark?
The IPKat
DECEMBER 29, 2022
Comment Whether a figurative sign consisting of a person’s portrait is protectable by intellectual property is a thought-provoking question. Over time, the EUIPO has reviewed a number of applications for figurative marks representing in effect one’s own likeness.
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‘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).
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EU copyright law round up – first trimester of 2022
Kluwer Copyright Blog
APRIL 5, 2022
UK Intellectual Property Office, UK’s future exhaustion of IPR regime. In February, the Commission published a study on copyright and new technologies caried out by Technopolis Group, Philippe Rixhon Associates, the Catholic University of Louvain (UCLouvain), Crowell & Moring LLP and IMC University of Applied Sciences Krems.
Introducing the Trade Secret Case Management Judicial Guide
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.
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Are the Needs of Research Reflected in Copyright Decision-Making? An analysis of Copyright Councils & Consultations – Part I
Kluwer Copyright Blog
FEBRUARY 19, 2025
They sometimes exist independently or may sit within a wider intellectual property council. Other countries had no formal council, but at least in some cases there were published lists of stakeholders consulted around copyright reforms. There are also two representatives of consumer organisations.
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Never Too Late: If you missed the IPKat the past 2 weeks!
The IPKat
JANUARY 30, 2022
The IPKat has published several posts over the past two weeks! COPYRIGHT Katfriend Moritz Sutterer posted on a new competition tool that the German Competition Authority recently tried out against Google in relation to press publishers' neighbouring right.
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