Anti-piracy committee and new legal framework according to Law 4821/2021

Anti-piracy committee

Τhe Committee for the Notification of Copyright and Related Rights Infringement on the Internet (known as the “anti-piracy committee”) was first established under Law 4481/2017. Its aim is to deal with cases of online infringement of copyright and related rights through an extrajudicial mechanism.

The anti-piracy committee consists of three members:

  • the president of the Hellenic Copyright Organisation;
  • a representative of the Hellenic Telecommunications and Post Commission (EETT); and
  • a representative of the Hellenic Data Protection Authority.

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Priority for Foreign Filing of Design Patent Applications

Suppose that you have an invention disclosure for a design of an article that you want to protect. When you review the invention disclosure, you notice that the design is ornamental, for example, a pattern, on an article such as a chair. You want to file a patent application to protect the design. Can you file a design patent application?  The answer is YES.

For a design patent, 35 U.S.C. § 171 refers, not to the design of an article, but to the design for an article, and “is inclusive of ornamental designs of all kinds including surface ornamentation as well as configuration of goods.” In re Zahn, 617 F.2d 261, 204 U.S.P.Q. 988 (C.C.P.A. 1980).  The subject matter which is claimed is the design embodied in or applied to an article of manufacture (or portion thereof) and not the article itself. Ex parte Cady, 1916 C.D. 62, 232 O.G. 621 (Comm’r Pat. 1916). Based on this, you draft a design patent application on the pattern described as applied to a chair. Can you file a design patent application as a provisional patent application? The answer is NO because the right of priority as to provisional patent applications provided for by 35 U.S.C. § 119 does not apply to designs. Therefore, you must file your design patent application as a regular examination design patent application. Continue Reading

Outcome of Hermes Claim Against MetaBirkin NFT May Provide Glimpse of Future for Fashion, Art in Metaverse

Hermes recently sued a digital artist for knocking off its Birkin handbag through the issuance of MetaBirkin non-fungible tokens (“NFT”). For those not aware of the filing or related media attention, the artist created fuzzy images of the Hermes Birkin handbag and minted them as NFTs.

NFTs are digital records of data stored on a blockchain and uniquely identifiable. NFTs are associated with a larger digital file that is itself too large to store in a blockchain. The digital record can then be traded or sold as an asset identifying the NFT owner as the true owner of the original digital file. Continue Reading

Kim Kardashian and Floyd Mayweather Sued Over Cryptocurrency Promotions

Kim Kardashian and Floyd Mayweather were sued in a class-action lawsuit in the United States District Court for the Central District of California on January 7, 2022, over their promotion of the cryptocurrency token EthereumMax (EMAX). The celebrities were named as co-defendants with the creators of the cryptocurrency, and are alleged to have helped bilk millions from investors. Continue Reading

UNDERSTANDING PRIVILEGE: IS YOUR CANADIAN PATENT AGENT ALSO A LAWYER?

In Canada, there are practising patent agents and trademarks agents who are not lawyers. They are not admitted to any bar of any province or territory in Canada and are not members of any law society. The College of Patent Agents & Trademark Agents (CPATA) is the recently created regulator of patent and trademark agents in Canada in respect of their agency practises. CPATA regulates agents who are and who are not lawyers. The relevant issue is the privilege which applies to agents who are not also lawyers and in this instance specifically to patent agents who are not also lawyers. Continue Reading

Case study: “copyright-free” in-store music and collective management

Facts

Company A (a Greek company) provides music programmes – based on a specific repertoire and intended to function as background music – to retail stores and, more broadly, to commercial or workplaces. Such music is used as a background for the broadcasting of advertising messages that are heard in such commercial spaces on a daily basis. The advertising messages are played at a higher volume than the music.

In order to carry out this activity, company A signed contracts with certain suppliers from which it acquired all of the copyrights and related rights regarding the specific musical repertoire. Continue Reading

“What’s Mine Is Not Yours To Give Me”—Nor To Take Without Just Compensation: A New Jersey Reaction To Sovereign Immunity, Intellectual Property, & Takings

I have to give it to creative, resilient lawyers (and in fact, I have lauded them in the past here and there).  When the United States Supreme Court issued its decision in Allen v. Cooper, 140 S.Ct. 994 (2020), a decision holding that the sovereign immunity of individual states prevented a copyright holder from recovering damages for infringement, I was a bit disheartened.  Seeing no immediate litigation alternative, I called for “common sense Congressional legislation to make States directly liable for damages for copyright infringement,” because I felt it unfair that, after Allen, copyright owners “would find themselves defenseless from state-sponsored copyright piracy.”  Flynn, Queen Anne’s Revenge, Indeed!: Copyright Conundrums, Sovereign States, and IP Piracy (2020).  Then some creative, resilient lawyers said, “Not so fast,” arguing that the 11th Amendment’s bar on infringement damages actions does nothing to lessen a copyright holder’s claim for just compensation for the taking of property under the 5th and 14th Amendments, and that unlicensed use of another’s intellectual property is a form a taking from the owner a defining strand of the bundle of rights that define copyrights as “property.” Continue Reading

Damages for Copyright Infringement before You Register Your Copyright

Let’s suppose that you have not registered your copyright in a book with the U.S. Copyright Office and you find someone has infringed your copyright by copying substantial portions of your book.  Let’s also suppose you are able to prove that the alleged infringer has infringed your work and you have notified the alleged infringer regarding the infringement of your copyright. Let’s further suppose that you cannot prove that the infringement caused you lost sales, lost opportunities to license, or diminution in the value of the copyright. Continue Reading

Related to cryptocurrency? You will not be allowed to participate in organized securities trading in Russia

The Central Bank of Russia did another “shot” at the rights of cryptocurrency holders on July 19, 2021. The Bank issued an Information Letter No. IN-06-59 / 52 “On certain types of financial instruments” on this day.

Now Russian and foreign issuers, if their securities payments depend on:

  • digital currency rates;
  • prices for foreign digital rights;
  • prices for digital rights that can be accepted as means of payment; or
  • prices of contracts related to the transfer of digital rights,

will not be admitted to organized securities trading. Continue Reading

The importance of identifying the correct applicant in Australian trade mark applications

When preparing a trademark application, a significant amount of attention is often given to the drafting of the specification of goods and services. Whilst the goods and service classification is important, care should also be taken to ensure all other details contained within the trademark application are correct, including confirming the true identity of the applicant and that it is the actual owner of the mark.

Whilst it might seem innocuous, incorrectly identifying the applicant in a trademark application could have some damaging consequences, including that a registered trademark owner may be unable to enforce its rights in the mark on the basis that it is not the true owner. Continue Reading

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