Category: Regions

Subscribe to Regions RSS Feed

INTERNET MEMES IN RUSSIAN PRACTICE: IP PROTECTION AND PERSONALITY RIGHTS ISSUES

When we say “meme”, we usually mean an internet meme. An Internet meme is an idea (and some content embodying this idea) spread via the Internet. Memes are usually created in the internet community for humorous purposes. However, memes in practice may raise issues associated with copyright, registration of trademarks, or even with personal data … Continue Reading

Expanding a Brand into Canada: Trademark Registrations- The Basics

When a corporation expands its business into Canada, consideration should be given to whether it can register its brand as a trademark in this new market. While a corporation may operate in this market without registered trademarks, many statutory frameworks, like the Canadian regime, offer additional benefits to companies[1] that have registered marks. If a … Continue Reading

.AU DOMAIN NAMES MUST HAVE A PRESENCE IN AUSTRALIA

Foreign entities looking to register Australian domain names need to be aware that the eligibility requirements have changed and the threshold is now much higher. If a foreign entity is relying on a registered Australia trademark to meet the Australia presence requirement, they must ensure that their domain is an exact match to that trademark. … Continue Reading

Supreme Court Narrows Definition of Autodialer in Facebook Ruling

The U.S. Supreme Court released its eagerly anticipated decision in Facebook Inc. v. Duguid yesterday, narrowly construing the definition of an automatic telephone dialing system, or autodialer, under the Telephone Consumer Protection Act (TCPA) and resolving the uncertainty that had led to a long-standing split in the circuit courts. Autodialer Definition and Interpretations A circuit split regarding … Continue Reading

Rights in audiovisual works under Copyright Law

Authors’ rights According to the Copyright Law, authors of audiovisual works have various rights, including: producing fixations or reproductions of the work; making the work available to the public (eg, by publishing it on an on-demand video service); broadcasting the work on TV or the radio; and communicating the work to the public.… Continue Reading

Entitled To Copyright Erasure?: A Fair Use Search For A Derived Yet Transformational Work

The title is the first thing the reader sees or hears …—and getting it right is the single most important … decision you’ll make. The title forms the basis of the reader’s judgment ….” Tucker Max For those of you who may read my past ILN posts, you will not be surprised that I subscribe … Continue Reading

Infringers Beware – The U.S. is Emphasizing Copyright Enforcement

The United States received two major copyright updates in the middle of the pandemic.  Copyright owners should breathe a sigh of relief.  On December 27, 2020, as part of the major COVID-19 Relief bill, the Copyright Alternative in Small-Claims Enforcement Act of 2020 (the “CASE Act”) and the Protecting Lawful Streaming Act of 2020 (the … Continue Reading

The Eurasian Patent Office has launched the Pharmaceutical Register

Since 1 March 2021, the Pharmaceutical Register of the Eurasian Patent Office (EAPO) is available on the official website of the Eurasian Patent Office. The Register contains information on Eurasian patents protecting active substances of drugs. The EAPO specifically indicates that the Pharmaceutical Register shall relate to the patents protecting pharmacologically active products (chemical compounds, including those described by the same … Continue Reading

Can U.S. Trademark Registrations Be Cancelled for Non-Use?

Suppose that you want to register a trademark that identifies a source of goods or services for your business.  What if you file a federal trademark application and the U.S. Patent and Trademark Office refuses registration of the trademark based on a likelihood of confusion with another trademark registration?  Can you cancel the cited trademark … Continue Reading

Don’t Smile at the Camera – New Biometric Data Laws

Biometric data is seen as a preferred means of identification by many businesses. Unlocking a smartphone using facial recognition and other biometric identifiers, for example, gives users the feeling as if they are more protected (e.g., less risk of identity theft). However, similar to the boom in privacy developments and legislation related to the collection … Continue Reading

Protecting Confidential Information in Canada: Is there a Better Way?

The British Columbia decision Equustek Solutions Inc. v Jack[1] highlights the difficult, time consuming, and expensive exercise that organizations may find themselves in when an employee misuses confidential information. In today’s environment, information can be downloaded, transferred or shared instantly. How can organizations best protect their intellectual property assets and confidential information to maintain their … Continue Reading

AUSTRALIAN PATENT LAW UPDATE – THE HIGH COURT HAS OVERTURNED OVER 100 YEARS OF LAW, FAVOURING THE US DOCTRINE OF EXHAUSTION

Late last year, the High Court of Australia overturned more than 100 years of precedent when it handed down its decision in Calidad Pty Ltd v Seiko Epson Corporation [2020] HCA 41 (Calidad v Seiko). Rather than following the existing principle of ‘implied licence’, in its decision, the High Court adopted a US common law … Continue Reading

BANKSY’S “FLOWER THROWER” TRADEMARK: A CRITICAL APPRAISAL OF THE RECENT DECISION OF EUIPO CANCELLATION DIVISION

The Cancellation Division of EUIPO has recently issued a resounding decision declaring the invalidity of the figurative trademark representing the “Flower thrower”, one of the most iconic Banksy’s mural paintings. The motivations on which the decision is based are questionable since it seems to be willing to take a punitive stance against the British street … Continue Reading

Cash rebate and tax relief for production of audiovisual works

Introduction In recent years there has been a remarkable effort to make Greece an attractive destination for the production of audiovisual works (eg, films, TV series and video games). The most important initiatives in this respect are: the cash rebate state aid scheme, which covers 40% of eligible production costs; and the tax relief incentive, … Continue Reading

The King Is Dead! Long Live The King!: Elvis Sightings, Taking Care of Business, And Rights Of Post-Mortem Publicity

…Never let me go… I’ll be yours through all the years, till the end of time. [Love Me Tender, performed by Elvis Presley] Elvis sightings have had a long, storied life of their own since the King of Rock-and-Roll’s “death” was reported (or perhaps exaggerated (though neither greatly nor grossly)), in 1977.  Indeed, since 1977, … Continue Reading

Protection of Photographic Works

With the development of science and technology, cameras or mobile phones are now having various built-in shooting modes or parameters to facilitate photographers to quickly shoot assorted scenes or atmospheres, which is quite different from the traditional way that photographers need to adjust various parameters by themselves. Regarding whether the photographic works taken using the … Continue Reading

Can Trademarks having Domain Indicators Like “Dot Com” be Registered?

Suppose that you want to federally register a trademark that has a domain indicator like “.com” at the end that identifies a source of goods or services related to your business.  The trademark may have a first part that is generic like “automobile” and a second part that is a domain indicator like “.com”.  Should … Continue Reading

Protecting Your IP: Social Media Dos and Don’ts

Social media continues to offer an invaluable platform for natural products brands to engage and expand their customer base. In these times, consumers are using social media more and more—particularly on their mobile devices—to stay informed, explore new products, and shop. This rapt audience allows brands to provide authentic and of-the-moment communications to their customers, … Continue Reading

CANADIAN INNOVATION DURING THE COVID-19 PANDEMIC

Canadian Innovation Week, namely November 16th to November 20th this year, is a movement organized by the Rideau Hall Foundation and Canadian Innovation Space which seeks to recognize Canadians advancing their respective industries and sectors, to connect individuals across the country and to encourage collaboration, creativity and innovation amongst current and future innovators. Canadian Innovation … Continue Reading

Journalism and copyright: is there a defence similar to fair use or fair dealing?

Law 2121/1993 on Copyright, Related Rights and Cultural Matters (the Copyright Law) does not provide for a fair use or fair dealing defence.(1) Nevertheless – and in compliance with the EU Information Society Directive (2001/29/EC) – the Copyright Law contains an exhaustive list of specific statutory exceptions and limitations on authors’ economic rights.… Continue Reading

Black Lives Matter Movement Sparks Branding Changes

The tragic killings of George Floyd, Breonna Taylor and Ahmaud Arbery this year, among others, have reinvigorated the Black Lives Matter movement, resulting in powerful nationwide conversations about racial injustice in the United States, with far-reaching ripple effects. Businesses across industries — such as sports, entertainment, consumer products and higher education — have reevaluated certain … Continue Reading

New Trademark Law aligns Greek regime with that of European Union

Introduction In March 2020 – during the lockdown imposed by the government to combat the COVID-19 pandemic – Greece adopted a new Trademark Law (4679/2020), which replaced the previous Trademark Law (4072/2012). The purpose of adopting this new law was to implement the EU Trademarks Directive (2015/2436/EC) into Greek law. By virtue of this new … Continue Reading

Recent changes in personal data regulation in Russia

Personal data (PD) protection is becoming the main topic of the recent days, so the Russian legislation in this sphere changes rapidly. The article represents an overview of updates on personal data regulation for the 3rd quarter of 2020. ATTEMPTS TO COUNTER THE CONSUMERS’ PERSONAL DATA COLLECTION Russian Agency for Health and Consumer Rights has … Continue Reading

SCC LEAVE DENIED: PUBLIC AUTHORITIES — NOT IMMUNE TO TRADEMARK INFRINGEMENT CLAIMS

The Supreme Court of Canada has denied leave to appeal of the Ontario (Energy) v Quality Program Services Inc.1 Federal Court decision, thereby bringing finality to whether public authorities are immune to trademark infringement claims arising from use of their official marks. This Federal Court case law confirms that registered trademark owners will continue to enjoy the … Continue Reading
LexBlog