Kluwer Copyright Blog

NOVEMBER 29, 2022

In 2019, the EU’s Copyright in the Digital Single Market Directive (CDSMD) was adopted. This included the highly controversial Articles 15 and 17 on, respectively, the new press publishers’ right (PPR) and the new copyright liability scheme for “online content-sharing services providers” (OCSSPs). International licence (CC BY 4.0).

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Velocity of Content

OCTOBER 31, 2022

Publishing industry analyst Bill Rosenblatt wrote for Publishers Weekly that higher education is the publishing segment undergoing the most disruptive changes today. These new models aim to help more students afford to attend college in their chosen fields of study.

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Velocity of Content

OCTOBER 1, 2022

Several US trade book publishers have announced their publication plans for the official report of the United States House Select Committee on the January 6 Attack. These published editions are a big deal,” Albanese explains. They are marketed and they attract readers.

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The IPKat

OCTOBER 4, 2021

In a decision that has just been published (available here in French), the Swiss Federal Supreme Court invalidated the 3D mark of Nestlé's related to the shape of the capsules. Quoting the CJEU, the Federal Supreme Court explained that trade mark law is an essential aspect of, and must contribute to, a competitively functioning free market.

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Kashishipr

DECEMBER 28, 2021

FTO is a pretty simple and straightforward concept, which implies that at a given point in time, no Intellectual Property (IP) from any third party is infringed upon a given product or service in a given market or geography. Without any doubt, stepping into patent litigation can be uncertain, full of risks, and expensive.

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Kluwer Copyright Blog

FEBRUARY 22, 2022

In this post, we offer an overview of the project to date, stratified across CREATe’s core research themes : Creative Industries , the Public Domain , and Competition and Markets. Public Domain. In a wider sense, what is public and what is private has important innovation and societal effects.

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The IPKat

JULY 22, 2021

The title of this book clearly sets out its premise: trademark protection has encroached into what used to be solely copyright’s domain, resulting in an undesirable over-protection of works which impoverishes the public domain and restricts others’ creative endeavours.

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Kluwer Copyright Blog

DECEMBER 5, 2022

As a result, AR may be attractive not only to potential users of the cultural heritage-related services, but also for market operators with commercial interests. However, as mentioned, AR can also be developed by third parties, and in particular by market operators that have no initial connection with bodies managing cultural heritage.

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Kluwer Copyright Blog

MARCH 8, 2023

As it introduces a new related/neighbouring right for press publishers (PPR), the provision has been placed in Section VII of L. 51, which awards a special neighbouring right to publishers of printed matter in relation to the typesetting and pagination format of the works published by them, and Art. 15 of the CDSMD. 51B (para.

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Copyright Lately

APRIL 3, 2023

book publishers, rejecting the Internet Archive’s argument that its practice of scanning and lending digital copies of books qualifies as fair use under the Copyright Act. IA’s Open Library project includes millions of public domain books that users can download and read without restriction. It also includes 3.6

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Velocity of Content

JUNE 11, 2024

To make this point, she cites EdReports ’ 2021 State of the Instructional Materials Market, “Teachers want materials that are aligned to state standards, offer support for multilingual learners, and provide culturally relevant content and approaches, but few believe their materials meet these needs.”

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Velocity of Content

DECEMBER 6, 2023

AI generated materials may both advance text publishing and hinder it. In sectors such as science, news, and book publishing, poor quality AI materials can generate bad science, promote misinformation, and lead to harmful results. Significant amounts of content are also available through the public domain.

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The IPKat

MAY 4, 2023

Further to her post of last week, Kat friend Roya Ghafele now discusses the proposed SEP regulation as published by the European Commission. The planned SEPs regulation is written from the perspective of enhancing transparency in markets for standard essential patents and fostering predictability of wireless communications markets.

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The IPKat

NOVEMBER 14, 2022

a wise cat that care about environment kindly provided in CC0 Public Domain license by Pixhere.com) Having to make a selection among the many topics covered, this GuestKat finds it interesting to note that during the conference the EPO case G2/21 on 'plausibility', was repeatedly discussed from different angles.

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Technology & Marketing Law Blog

JANUARY 25, 2023

Though the court doesn’t have cross words for the media defendants, this apparently is another example where media publishers treated publicly available photographs as public domain photographs. However, the fact the publishers didn’t ask at all could be a defect in their rights clearance process.

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Velocity of Content

APRIL 21, 2022

When I was a young reader, my mother used to buy me collections of “classics” — mostly 19 th novels in the public domain – that were out of copyright due to their terms having expired. Whitman Publishing ran these, in cheap hardcovers, while Airmont Classics covered the same ground in paperbacks.

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Technology & Marketing Law Blog

DECEMBER 27, 2023

His defense is that the work he used was free for all; after his victory, that work remains in the public domain for others to build upon. As noted above, a webpage openly published on the Internet still requires a viewer to click on its URL before it may be seen. ” The entire justification for why Rule 8.4

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Kluwer Copyright Blog

DECEMBER 11, 2023

Here the final version is a clear improvement over the original Parliament text as it no longer suggests that model providers need to distinguish between copyright-protected and public domain training materials and then apply different transparency standards to both, which would be unworkable.

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Kashishipr

MAY 25, 2022

Patent Rights exclude others in the industry or market from manufacturing, using, selling, distributing, or importing the patented product or process. By performing a patent search, you can get an indication of what all information is available and accessible in the public domain concerning the proposed invention.

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Technology & Marketing Law Blog

FEBRUARY 13, 2023

Two weeks ago, former President Donald Trump filed a lawsuit against journalist Bob Woodward and his publisher, Simon & Schuster (and its parent company Paramount Global, formerly known as Viacom-CBS), in U.S. The audiobook is also published on CD, and transcripts were published in paperback and ebook formats.)

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Kluwer Copyright Blog

NOVEMBER 20, 2022

We have an artwork, displayed in a museum and which is in the public domain. However, no fees shall be paid for certain specific uses, such as in the case of personal use, use for study purposes or public entities’ use with the aim of enhancing the assets themselves. This is exactly the case here. Second, Art.

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Patently-O

AUGUST 10, 2021

Feldman has also just published a short article in Nature Biotechnology titled Negative Innovation: When Patents are Bad for Patients. (Co-authored Since the low dosage approach is in the public domain, no private company has sufficient incentive to seek and obtain FDA approval. Co-authored with Profs.

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Larson & Larson

FEBRUARY 13, 2021

The term covers anything that was sold in public, used publicly, described in a magazine or similar publication, or already has a patent on file with the patent office. It also includes designs that have been published anywhere in the world or things that have been used anywhere in the world. Exceptions.

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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.

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The IPKat

JANUARY 18, 2022

Also, there are numerous rulings in Italy along the lines of the one commented on herein which have held the requirement of periculum in mora to be absent when (any form of) marketing had already been started by the applicant. So much for commercial certainty, says Merpel. license.

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Patently-O

JANUARY 25, 2022

This trade-secrecy decision includes a few interesting holdings: Published and Widely Distributed, but Still a Trade Secret : The fact that information was found in a prior publication “that has been cited over 1,200 times. by Dennis Crouch. Masimo Corp. True Wearables, Inc. ( 2022 ) (nonprecedential).

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LexBlog IP

DECEMBER 14, 2023

1] In light of criticism following the announcement of the political deal – and renewed warnings that the AI Act risks hampering innovation in the European market – there may still be room for debate over the final terms of the AI Act before ratification. [2]

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IP and Legal Filings

OCTOBER 4, 2022

However, with the publication on 23 October 2012 of UAE Federal Law No. 4 of 2012 Concerning Regulation of Competition all businesses with operations in the UAE or supplying goods and services to the UAE market will have to ensure that they focus on and comply with the provisions of this new law. image Source : Medium Blog].

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SpicyIP

JANUARY 18, 2023

As some readers may have noticed, there was recently a report published by Hidayatullah National Law University, Raipur on patent oppositions. of the total published applications. ’. The ultimate sufferer, in such a situation, would be the ailing public, who seek access to the product. ”.

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Kluwer Copyright Blog

AUGUST 12, 2021

Since the ruling was handed down, the Advocate General’s opinion on the Polish request for the partial annulment of article 17 of the Directive on Copyright in the Digital Single Market (CDSM) has also been published. Or, if the work in question has fallen into the public domain prior to the infringing act.

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The IPKat

SEPTEMBER 15, 2022

The Russian Ministry of Industry and Trade published a list of goods and brands, for which national regime of exhaustion of patents (section 6 Article 1359 of the Civil Code) and trademarks (Article 1487 of the Civil Code) will no longer apply. International license.

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SpicyIP

SEPTEMBER 5, 2022

Moderna’s patent infringement lawsuit is a revenue seeking activity since Moderna wants fair compensation but does not want to remove Comirnaty from the market. Strikingly, the portrait that Moderna paints of itself is not one of a King but of a small, research-driven start-up in need of funding.

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LexBlog IP

JANUARY 16, 2024

In light of criticism following the announcement of the political deal – and renewed warnings that the AI Act risks will hamper innovation in the European market – there may still be room for debate over the final terms of the AI Act before ratification. [13]

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Kluwer Copyright Blog

MARCH 14, 2022

Attempting to pre-empt the advancement of AI in the late 1980s, they reflect neither the contemporary technological reality of algorithmic and ML achievements nor our shared expectations from technological and market developments. Attaching to that output long term proprietary claims risks paralysing the public domain.

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Kluwer Copyright Blog

JUNE 17, 2022

What does this mean for the implementation guidance published by the commission in June last year? . The judgement of the European Court of Justice in case C-401/19 has hardly laid to rest the debates over the use of upload filters in automated copyright enforcement.

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Larson & Larson

JUNE 21, 2021

The publication date, for instance, plays a considerable role in copyright protection. Copyright law provides that for any work published after 1977, the copyright protection will last during the author’s lifetime plus an additional seventy years. . The duration of copyright protection is often date and fact-sensitive.

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Copyright Lately

AUGUST 25, 2023

For purposes of a copyright registration, “unclaimable material” has historically included four types of material: Previously published material. Material that is in the public domain. Strike or no strike, no one wants to spend millions of dollars to produce and market a work that they can’t fully protect.

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