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Last week I discussed the copyright needle buried in the 2022 Canadian budget haystack, a reference to impending legislation to amend the Copyright Act to fulfill Canada’s obligation under the USMCA/CUSMA to extend its term of copyright protection from the life of the author plus 50 years to “life plus 70”.
With this context in mind, it is no wonder that the EUIPO Second Board of Appeal, in Case R 50/2024-2 , concerning the earlier refusal to register the portrait of a Dutch entertainer as an EU trade mark (EUTM), decided to stay the proceedings and refer the matter to the Grand Board.
This is one of the questions posed by a Belgian court to the Court of Justice of the EU (CJEU) in a new reference for a preliminary ruling ( Van Ratingen , case C-749/24). Ratingen appealed to the referring court. Being at the right time in the right place is crucial. But what is the right time for assessing a design infringement?
Image by yousafbhutta from Pixabay On 26 September 2024, the Belgian Constitutional Court referred a highly topical issue of fair remuneration of authors and performers on online streaming platforms to the Court of Justice of the EU (CJEU).
The ruling stays the proceedings and refers 13 questions to the Court of Justice of the European Union (CJEU). Their claims and the corresponding questions referred to the CJEU are detailed below. 216/1 (case no. 216/2 (cases nos. 7922 and 7925), XI.228/4 228/4 (cases nos. 7922 and 7927), chapter 4/2 (cases nos. 7924 and 7927), XI.228/10
terabytes of data from LibGen,” the plaintiffs state in the unsealed document, referring to an email where Anna’s Archive is referred to by the initials “AA” Unsealed email The email, shown above, mentions the Internet Archive as a key source as well, although it’s not a typical shadow library. .”
European Commission refers 11 nations to the Court of Justice, Walmart loses DMCA case and global content piracy is on the rise. The post 3 Count: Piracy Increase appeared first on Plagiarism Today.
On July 19, 2024, the Court directed, vide an order (see here ), the Director of IIT, Delhi, to appoint a Scientific Advisor and established a Terms of Reference (ToR) for the investigation to be conducted by the Scientific Adviser. litigation would help clarify its validity and prevent any future uncertainty among litigants.
Screen Australia Drama Report At a time when streaming services (also referred to as subscription video on demand, or SVOD) are growing internationally at a frenzied pace, various countries are pondering how to deal with this phenomenon, particularly when it comes to local production.
To support this, the applicant referred to the Similarity Tool, contending that, according to this tool, win and gin are similar. The applicant claimed there is a likelihood of confusion between the two trade marks, arguing that wine and gin are similar. 003196752 ).
Instead, it referred users to Wikipedia and Reddit , where the links were still available. While it didn’t upload or directly link to infringing material on Telegram, rightsholders allegedly complained about the links that were posted to the Z-Library website.
Proposed legislation related to artificial intelligence (AI) was the most prevalent and anticipated, and will be the focus of this article, with some reference to non-AI copyright-related rulemakings and legislation.
For reference: Claim 1: Direct Copyright Infringement (no dismissal requested) Claim 2: Removal of Copyright Management Information Claim 3: Violation of CDAFA Late last week, Federal Court Judge Vince Chhabria dismissed the CDAFA claim, as Meta requested. Notably, Meta did not request dismissal of the core copyright infringement complaint.
Recently, the National Medical Products Administration (NMPA) issued the draft version of 'Implementation Measures for Drug Trial Data Protection (hereinafter referred to as the 'Draft for Comments'), aiming to clarify the registration categories and corresponding regulatory data protection periods for chemical drugs and biologics.
Name, image, and likeness (NIL) deals are analogous to endorsement deals, where businesses contract with a person to promote a product or service, but "NIL deals" is typically used to refer to agreements with college student athletes.
2: SoundExchange Royalties Dispute with Music Choice to be Referred to Copyright Royalty Board. In September 2020, the court granted a preliminary judgment, however, this expands that judgment by granting both damages and a permanent injunction.
The new tool is entitled GhostDetect , and it works by analyzing a reference text that is known to be written by the author and a query text that is in question. Since the latter is the oldest, by a day, I opted to use that as the reference. What I found was interesting.
It refers to a foundational test, which asks whether the average consumer will confuse a particular mark (words, design, or both) with a product or service that is not produced or distributed by the company associated with a known […] The post Guarantee of Confusion: When AI Scrapes the News appeared first on The Illusion of More.
Reasoning Regarding the NDCA’s erroneous granting of JMOL of non-obviousness: Factual underpinnings of non-obviousness, e.g. , the Graham factors for obviousness and a POSITA’s motivation to combine prior art references, are issues of fact ordinarily for the jury.
Biosimilar Litigations include litigations relating to biosimilar/follow-on products of CDER-listed reference products. Litigations between biosimilar applicants/manufacturers and reference product sponsors as well as litigations between two biosimilar applicants/manufacturers are included.
As this Kat previously reported here , the Italian Supreme Court referred questions to the CJEU on conflicts between geographical indications and trade marks for wines. The matter raises questions about the applicability and interpretation of various EU Regulations, so the Italian Supreme Court referred two questions to the CJEU in May 2024.
Apple filed two IPR petitions, each challenging various claims of the ’479 patent as obvious in view of multiple prior art references. Background Corephotonics owns the ’479 patent, which is directed to creating “portrait photos.”
The other patent filing referenced in the disclaimer will be called the Reference Patent. If the Reference Patent is not a parent of the Subject Patent, then the term of the Subject Patent will be the term of the Reference Patent excluding any PTA in the Reference Patent. The post How does a Terminal Disclaimer work?
Intellectual Property refers to any intangible asset or property originated from the human intellect. Copyright Copyright refers to the exclusive rights granted to the authors or performers for their original work or performance like book, film, paintings, compute programmes, etc. For that, first let us understand what are IP and IPR.
LLC, the US District Court for the District of New Jersey ordered Teva to delist five patents from the Food and Drug Administration (FDA)’s Approved Drug Products with Therapeutic Equivalence Evaluations (commonly referred to as the Orange Book). Amneal Pharms.
The Italian Supreme Court has referred to the Court of Justice of the European Union (CJEU) a question on the compatibility of Italian anticipatory measures with Directive 2004/48/EC on civil enforcement of intellectual property rights (case C-132/25 ). Ristorazione to use the sign M M Pizza, Sapori e Salute and any other sign containing M M.
Action to ban “all counterfeit Kodi and Stremio applications” is most likely a reference to any third party tools and extensions that enhance Kodi and Stremio with near-instant playback features. Furthermore, Real-Debrid also promises to purge all currently cached files matching these filters. What’s Next?
The plaintiffs claim that Moy referred to himself and his resellers as “silent assassins.” The complaint makes no mention of how long the alleged offending lasted, while references to the business are made in the past tense, which may suggest it no longer exists.
The letter also refers to an expert study in its annex that states Risdiplam, being a small molecule drug, its generic version can be made available to Indian patients for just Rs 3024 per year through local production. The letter points out that the maximum retail price for Risdiplam is Rs. 72 lakhs for children (12 bottles) and Rs 1.86
On February 6, 2025, the PTAB denied IPR institution because the Petitioner failed to establish that its key prior art reference qualified as a printed publication under Section 102(b). 7,623,439 B2 (the 439 patent).
These percentages are hard to interpret without a historical reference. Although the actual number of users who subscribe to pirate IPTV services is unknown, a simulation indicates that, even with conservative assumptions, 1% of EU internet users could have subscribed to illegal IPTV services in just two years.
The key embodiments all depicted the GO on an electronic screen, and the specification contained references to other embodiments that were clearly outside the claim scope, indicating that not everything described in the specification was necessarily claimed.
It refers to the Wayback Machine as a “permanent public archive” though it is far from that. The letter also makes reference to a “DMCA legal case”, which is simply not a thing. However there are still other oddities. The fake lawyer identifies herself as a trademark attorney, but is handling a copyright issue.
With the filing of a single application, referred to as International Registration, administrative inconvenience is avoided when companies want to secure trademarks in any of the countries that participate. The Madrid Protocol had approximately 130 member countries, fully counting by January 2024, and covered almost 80% of global trade.
The Board found that the Chen reference rendered obvious claims 1-3 and 9. The Board also found that Sierra’s motivation to combine Chen with certain GSM references was insufficient. Whether substantial evidence supports the Board’s finding of a lack of motivation to combine Chen with the GSM references?
The matter was referred to the CJEU by the Supreme Court of The Netherlands following a dispute between the companies Vitra and Kwantum. The judgment in Case C-227/23 of 24 October 2024 (Kwantum versus Vitra) is a landmark copyright decision.
Tools that support the process of locating supporting safety literature, organizing and centralizing content, checking and clearing copyright permissions, and easily accessing saved references are invaluable. Getting content is fast, too, with most of the content being available instantly and over 98% of documents delivered in under 24 hours.
The bulletin directed parties to continue referring to PTAB precedent, including Fintiv and Sotera. The bulletin also explained that to the extent any PTAB or Director Review decisions relied on the memorandum, the portions of those decisions shall.
Cormac McGuckin (38) and Maura McGuckin (34), a married couple from Bellaghy, had appeared on FACT’s radar before the anti-piracy group referred the matter to the police. “He also admitted possessing articles for use in fraud on June 18, 2020.
The term “trade dress” refers to the overall look of a product or its packaging that gives the customer an idea of its origin. Non-verbal elements such as shapes, colours, patterns, and even the layout of the store are protected under trade dress, whereas standard trademarks normally refer to words or logos [3].
The legal basis here is still the consent, but we could refer here to an objectified consent of the right holder to have authorised the free access to the work. Additionally, they are required to exclude piracy websites from their training datasets and may refer to official exclusion lists from relevant authorities.
The case also relates to determining when the filing date of a provisional patent application can be used for a non-provisional patent publication as a prior art reference under pre-AIA 102(e)(1). 24, 2025) Our Case of the Week explores the power of an examiner to request a rehearing after the Board has entered a decision on an application.
The data this report refers to was collected between 2017 and 2020, which is far from new. Piracy Decline (2022 report) This report is still not the original source, as another citation identifies an EUIPO copyright infringement report from 2021 as the basis for the conclusion that piracy is declining. Piracy is Actually Rising?
I actually heard a friend of mine yesterday refer to it as half-cinated. The following is a transcript of my video Vaccinate Your Brand with Trademark Registration. As I record this episode, I’m in between my first and second dose of getting the Pfizer vaccine. It’s a hybrid of half-vaccinated.
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