Tag: intellectual property

Court clarifies process for CMO equitable remuneration

Introduction This case(1) concerned a collective management organisation’s (CMO’s) application for the temporary determination of related and neighbouring rights and copyrights. This was for equitable remuneration for public reproduction of intellectual works by catering businesses (ie, coffee shops). The judgment also dealt with the presumption of management and protection representative authority for CMOs.… Continue Reading

Duties involving IP matters at the beginning of the corporate term in Colombia

The end of the calendar year is also, for legal purposes, the end of the corporate and accounting year, under Colombian Law.  The beginning of a new corporate year, on January 1, triggers, for corporate entities and branches of foreign companies, the need to carry out several duties, both in the form of legal obligations … Continue Reading

EUROPEAN COURT OF JUSTICE: Judgment in Joined Cases C‑775/21 and C‑826/21

Broadcasting of background music – Equitable remuneration – Mere provision of physical facilities – Sound equipment on board trains and aircraft – Presumption of communication to the public as a result of possession of technical means – Implications on Greek case law and practice in relation to use of in-store/background music in business premises.… Continue Reading

Does food flavouring constitute a “work”?

Introduction In this case before the Multi-member Court of First Instance of Thessaloniki, the plaintiff requested judicial protection of his recipes (i.e., dishes and seasonings) as works of IP. (1) He made this request on grounds including trademark law and unfair competition law. However, the Court rejected the action as:… Continue Reading

Maybe Duct Tape Can’t Fix Everything: Slippery Standards As Copyright Goes Bananas

Whether one focuses on the word’s connotation of silliness or excitement, or maybe even anger, or analogizes to the raucous and rhymingly-named team from Savannah that makes up its own baseball rules, US copyright law is currently going a little “bananas.” From ongoing debates about the human element (or requirement) of authorship to debates over what … Continue Reading

Defining Boundaries: IP Law Addresses Exterritoriality, Lexicography & Human Touch

“Yes, the law is about words…,” says Ben Chiriboga in writing about the essential skills that lawyers must have.  And Ken White noted more recently that “the entire project of the law is about words meaning specific things.”  But our problem often is that the law, or lawyers, frequently use unfamiliar or exotic terms that … Continue Reading

Conundrum behind registrability of GUIs as industrial designs in India

Graphical User Interface (GUI) refers to icons, windows, and/or menus to offer a mechanism to interact with electronic devices visually. There has been quite a bit of debate around the registrability of GUIs under industrial design law in India. While the Designs Act, 2002, recognised protection for GUIs, the Indian Patents Office has been reluctant … Continue Reading

The Training Wheels are Off: The Copyright Implications of Training Generative AI

With the introduction of several readily available applications, artificial intelligence (AI) has leaped into the mainstream and brought with it a host of legal questions.  Following the release in November of the now popular generative AI platform ChatGPT by OpenAI, companies including Microsoft and Google are rushing to release their own generative AI services or … Continue Reading

Free Speech, Chatting About Friends, Kraken/Crackin’ On AI, & Thinking About Fred & Ginger: Generated Content, Amici Curiae, & A Case About Jack Daniels That Dances Around Trademark Issues And Leaves Some Things To Chew On

Lots of people are talking about ChatGPT. Some, like those at Microsoft, see it as a valuable tool to be integrated into their products and platforms; indeed, one of its lawyers thought that the answer provided by ChatGPT to his legal question “sounds like a pretty good lawyer 😉.” But others are wondering whether we … Continue Reading

QR codes with company logos can be a recipe for disaster – or a patent lawsuit

Say your company wants to run a new advertising campaign that includes a QR code for people to scan for additional information about your products or services. Not only that, but your creative team decides to go a step further and include your company logo in the middle of the QR code. You launch your … Continue Reading

THE PARASKAVEDEKATRIAPHOBIA PRECEDENT: Why Friday The 13th Decision Raises Fear Of Slashing Long-Held Copyrights

Admittedly, the second word in that title is a mouthful—but Paraskavedekatriaphobia is a real word, with an etymology and definition.  It even has a synonym, friggatriskaidekaphobia.  Each means “fear of Friday the 13th.”    Though I am tempted to write this October piece about Halloween (whether it is the day or the movies by that name, … Continue Reading

WHAT, IN THE NAME OF GOD, …?: Intellectual Property Rights In Holy Names, Sacred Words, & Other Aspects of Creation

The title of this piece tracks a common “phrase of exasperation used to emphasize a question or statement.”  If that be the case, and I think it is, then the subtitle implies the question this piece will address.  That question is “how have various countries’ intellectual property laws addressed efforts to copyright, trademark, or patent … Continue Reading

Can Patent Claims be Held Indefinite for Failing to Disclose an Algorithm?

Suppose that you want to obtain a patent for an invention and, in your claims of the patent application, you recite terms as a structure with functional language or means-plus-function language.  What if this language requires an algorithm to carry out the function and you fail to disclose the algorithm in your patent application?  Can … 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

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

Not Only Will We March Again: Committed, Resilient IP Lawyers Marching Still In Time Of COVID

A few weeks back, as remote working and social distancing were becoming the order of the day (and interesting phrase, given what quickly became the norm in many US states and cities, as executive orders abounded), my son tossed a statement in my direction that was both compliment and challenge:  “Isaac Newton developed calculus, among … Continue Reading

The Concept of Reverse Confusion is Not Applicable under the Current Trademark Practice in Taiwan

As a principle, Taiwan adopts a “first to file” trademark registration system.  Under the system, fame and extensive use are not the requirements for registering a trademark.  In addition, under Article 2 of the Trademark Act in Taiwan, the holder of a trademark cannot claim its right under the Act unless the trademark has been … Continue Reading

Joint authorship of copyright: UK Court of Appeal tears up the script

A dispute concerning the screenplay for the 2016 Hollywood biographical comedy “Florence Foster Jenkins” (FFJ) – a film about a tone-deaf New York socialite who labours under the delusion that she is a talented opera singer – has this month produced a Court of Appeal decision centering on the parties’ own adjustment to reality. Apart … Continue Reading

The Role of Artificial Intelligence

The use of artificial intelligence (AI) in the fashion and beauty industries — and the marketing of the same — has steadily gained traction over the last few years and it’s not hard to see why. AI provides a myriad of opportunities and potential applications within the fields of fashion and beauty, but it can … Continue Reading

Rospatent gives the green light to foreign applicants from 11 states

As outlined in art. 1247 of the Russian Civil Code, any applicant may choose one of the options how to be represented before Rospatent: directly, or by a Russian patent attorney, or by another representative (e.g., attorney-at-law) The list is significantly shortened for foreign applicants: under art. 1247 (2) of the Civil Code, foreign citizens … Continue Reading

New Process for Timestamping IP works in Greece

On 26 February 2019, the Hellenic Copyright Organization (Greek acronym: “OPI”) launched a new online service for “electronic timestamping” of all types of works. The service, which can be accessed at www.timestamp.gr/en , claims to offer the opportunity to creators, both amateurs and professionals, to easily get certified proof of existence of their work at … Continue Reading

Plant Breeder’s Rights in Australia: updated, amended and strengthened

Recent amendments to the PBR Act have strengthened PBR rights and have aligned aspects of PBR with other intellectual property laws in Australia. This article summarises the changes. The Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Act 2018 (Cth) (Amending Act) received Royal Assent on 24 August 2018 and makes significant changes … Continue Reading
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