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Dekuzu Posts

2017 report on EU customs enforcement of intellectual property rights

The annual publication of the result of customs actions at the EU external borders provides an opportunity to measure the scale of customs actions to enforce IPR. Newly published report on EU customs enforcement on IPR contains statistical information about the detentions made under customs procedures and includes data on the description, quantities and value of the goods, their provenance, the means of transport and the type of intellectual property right that may have been infringed.

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SWD Impact assessment on the modernisation of EU copyright rules – options to achieve the objectives: baseline and option 1

It were assessed the baseline scenario, one non-legislative and two legislative options to facilitate licensing in order to enhance cross-border transmissions of TV and radio programmes online. The considered options are enabling options aiming to facilitate licensing of rights, in order to allow the market to respond gradually to legal and policy changes.

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Third edition of USA copyright office compendium – who may file an application for copyright registration

The only parties who are eligible to be the copyright claimant are (i) the author of the work, or (ii) a copyright owner who owns all of the exclusive rights in the work. A person or entity who owns one or more—but less than all—of the exclusive rights in a work is not eligible to be a claimant.

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Russian Roskomnadzor under enforcement fire due to fraud allegations

Three top executives of Russian Roskomnadzor are under investigation. Russian investigative committee has initiated a criminal case and leads investigation in relation to executives of Roskomnadzor. There are three persons involved in this case – Vadim Ampelonsky (press secretary of Roskomnadzor), Boris Edidin (chief of legal department at Roskomnadzor) and Aleksandr Veselchakov.

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When the court sets the royalty rate, applied to the user of collective management organisation, lower than requested by CMO, does it infringe CMO’s property rights?

The CMO, SIA AKKA/LAA, complained to the European Court of Human Rights that the domestic courts had restricted the copyright of authors whose musical works were collectively managed by the CMO. They complained, in particular, that as a result of the domestic proceedings in which the domestic courts had ordered the CMO to conclude licence agreements with broadcasting organisations and had set a royalty rate, the authors’ exclusive rights to freely conclude licence agreements for the use of their musical works had been restricted, contrary to Article 1 of protocol No. 1of the Convention of Human Rights.

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How one word can “streamline” confusion of trade names, companies and even marks?

Streamline Production Systems, Inc. (SPSI) was established in 1993 by Michael Renick in Beaumont, Texas. SPSI initially began as an oilfield services company. In 1997, SPSI began custom fabricating pressure vessels, and today, it produces a range of custom fabricated natural gas processing equipment, such as gas separators, heat exchangers, re-boilers, and pressure vessels, and sells that equipment to customers nationwide, in addition to continuing to provide oilfield services and repair.

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Whether “volitional conduct” is required to establish a claim for direct copyright infringement

T&S hosts a website that includes a public forum called “HairTalk.” Users of the forum may post content, share comments, ask questions, and engage in online interactions with other users on a range of topics including hair, beauty, and celebrities. Use of HairTalk is governed by terms of service providing that “any photo containing… celebrities… or any copyrighted image (unless you own the copyright) is not permitted.” Every time someone logs on to HairTalk, the user must agree to these terms.

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New amendments in Russian law for owners and holders of trademarks

According to amendments if the right holder and infringer of exclusive right are legal entities and/or individual entrepreneurs and the dispute between them is subject to jurisdiction of commercial court, before to bring a lawsuit seeking compensation or damages, the person, intending to sue, must send to defendant a complaint. If the complaint stays without answer within 30 days following the day when the complaint has been sent, the plaintiff has the right to bring a suit.

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