Tag: Legislation

New Greek law (5103/2024) for the protection and enhancement of Greek music

On 17/04/2024 the Greek Parliament enacted Law No. 5103/2024 dealing with, among other issues, the “protection” and “enhancement” of Greek Music. The Law introduces a minimum threshold of 40% Greek music (as defined in the Law) that is performed in public in various places such as casinos, malls, etc.  It has both been praised as … Continue Reading

Technovations & Labor Practices: Little Known IP Law For Developing Countries

Some years back, a young Kenyan graduate, working as an intern for a public state corporation, developed an innovative solution that earned his employer a global innovation award. However, his application for intellectual property rights was ignored by his employer, who continued to bask in the fame and glory of the global award. Was the … Continue Reading

One Sheet To Rap Sheet: Evaluating Proposed Federal Rule For Using Lyrics & Creative Writing To Prove Crimes

In a list of Music Industry Terms Every Artist Should Know, “One Sheet” is defined as a “single-page document that highlights an artist’s new music and summarizes their bio, stats, and achievements. It’s given to media, promoters, or anyone else who can further the artist’s career in some way — for example, by hiring them … Continue Reading

Can a Slide Show Be Considered a Printed Publication to Prevent Patentability?

Suppose you have an invention and disclose it in a slide show to an audience attending a conference. Can this slide show be considered a printed publication to prevent the invention from being novel and patented? Are there protective measures that can be taken to prevent the slide show from being considered a printed publication? … Continue Reading

Proposed Changes to Canadian Trademark Regulations: Enhancing Efficiency and Addressing Official Marks

As discussed in my short article of July 10, 2024, important changes to the Canadian Trademark Regulations have been proposed. The changes have not yet come into effect and are still subject to change. The consultation period closed on July 8, 2024. In future articles, I will discuss comments that are being debated and next … Continue Reading

Important Amendments to Canadian Trademark Regulations

On June 8, 2024, proposed amendments to Canada’s Trademarks Regulations were published in the Canada Gazette. The public consultation period is open until July 8, 2024, and comments will be posted on the Canada Gazette website following the end of the consultation period. A coming-into-force date has not yet been set but the Canadian Intellectual … Continue Reading

Cinema and copyright: limitations of transfer agreements and exploitation licences

Facts The first plaintiff, a company, was established in 1989. Its sole partners were: Each partner had a 25% stake in the company. The company’s purpose was to exploit the film (R), the filming of which was completed in 1983. Based on the above agreements, the first plaintiff claimed to be the beneficiary of all … Continue Reading

Seedlings of Ideas For Artificial Intelligence: Learning From A Genetic Resources/Traditional Knowledge Treaty, The Plant Patent Act, & Nico Tanner

The World Intellectual Property Organization announced on May 24, 2024, a treaty on intellectual property, genetic resources, and associated traditional knowledge that was twenty-five years in the making.  As WIPO’s press release noted, “[n]egotiations for this Treaty began at WIPO in 2001, initiated in 1999 with a proposal by Colombia, where discussions were notable for … Continue Reading

The ownership debate: Intellectual property in AI. Who does it belong to?

With the rise in the use of artificial intelligence (AI) in all forms, the question is becoming more present than ever – who owns the intellectual property in a work created with the use of AI? In Australia, there is currently no law specific to the ownership of intellectual property created in computer-generated works, whether … Continue Reading

IP ├ IP???: The Logic Of Election Year Legal Disputes Over Proprietary Intangibles

Title? Typo? Cryptic code? Equation? Really it is a combination of three of the four. In other words, it is not a typo (You can look elsewhere in this piece for those). One key to understanding the reference above is the mathematical logic symbol ├, which is known as the “’turnstile’…because of its resemblance to a … Continue Reading

U.S. House Unveils the Latest Attempt at a U.S. Privacy Law: The American Privacy Rights Act

The United States is among the minority of large economies in the world without a comprehensive national privacy law. In the absence of such a law, numerous states are filling the void with a complex assortment of often inconsistent privacy laws. However, unexpected legislative developments in the U.S. House of Representatives will potentially resolve the … Continue Reading

Comma, Comma, Comma, Comma, Comma Chameleon: How Punctuation Can Color IP & Other Legal Rights

“[T]he comma…this capricious bit of punctuation…” United States v. Ron Pair Enterprises, Inc., 489 US 235, 249 (1989) (O’Connor, J, dissenting) For want of a comma, we have this case.” O’Connor  et al. v. Oakhurst Dairy et al.,851 F.3d 69, 70 (1st Cir. 2017) “But, when pressed, I do find I have strong views about … Continue Reading

India publishes draft amendments to Patent Rules for public comment

The Department for Promotion of Industry and Internal Trade under the Ministry of Commerce and Industry has recently published a set of draft amendments (“Draft Rules”) to the Indian Patent Rules, 2003. The amendments are currently open for comments from the public. The draft amendment rules can be accessed at – https://ipindia.gov.in/writereaddata/Portal/Images/pdf/248296.pdf.… Continue Reading

OXFORD UNIVERSITY’S IP PROVISIONS UNDER THE MICROSCOPE: OXFORD UNIVERSITY INNOVATION V OXFORD NANOIMAGING LIMITED [2022]

Introduction In the recent decision of the UK Patents Court in Oxford University Innovation v Oxford Nanoimaging Limited [2022] EWHC 3200 (Pat), the Court was asked to consider whether UK legislation protecting consumers from unfair contract terms applied to a contract made between Oxford University and a DPhil (doctorate) student. The Court held that the legislation in … Continue Reading

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 … 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 … 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 … 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 … Continue Reading

Establishment and operation of CMOs in Greece

Legal forms of CMOs According to article 8(1) of Law 4481/2017 on the collective management of copyright and related rights, “collective management organisations operate under any legal form under the terms of article 3(a)”. Therefore, upon the establishment of a collective management organisation (CMO) in Greece, the members (ie, the rights holders) themselves are free … Continue Reading

Collective management of copyright and neighbouring rights in Greece

Introduction Under the Copyright Law, certain copyright and related rights are subject to mandatory collective management, meaning that they can be exercised only through a collective management organisation (CMO). These rights include: the right to fair remuneration for reproduction for private use (known as “blank tape levy”), which is calculated at a percentage of the … Continue Reading

Enforcing IP Rights Through Online Intermediaries: The Need for Regulation in Canada

The rise of online intermediaries, such as Google, Amazon, and Facebook, has radically changed the way in which many businesses and individuals operate and has introduced novel legal and business questions and challenges. It is easier and cheaper than ever for bad actors to use online tools, whether it be websites, platforms, or online profiles, … 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

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
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