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Dekuzu Posts

USA DOJ ASCAP and BMI ruling – imperfections of fractional licencing

A comparison between the licensing of public performance rights and the licensing of synchronization rights further illustrates the problem faced by music users who rely on PRO licenses. Producers of movies or television programming have traditionally entered separate synchronization licenses with each owner of a fractional interest in a song the producer seeks to include in his or her television show or movie, generally on a song-by-song basis.

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Blossom pie design is functional and therefore ineligible for trademark protection

Chudleigh’s is an apple farm and bakery based in Ontario, Canada, which sells baked goods to consumers and commercial entities. In the mid-1990s, Scott Chudleigh, an owner of the business, began developing a “single-serve, fully baked . . . apple pie” to sell to restaurants, to which it already distributed multi-serving apple pies. Mr. Chudleigh and his wife tested several possible shapes for the single-serve pies, settling on a round shape with six folds of pastry encircling the filling. Chudleigh’s registered a trademark for the six-fold pastry design, known as the Blossom Design, and the mark became incontestable in 2005.

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USA DOJ ASCAP and BMI ruling – fractional licencing and public interest

If PROs offer fractional licenses, a music user, before performing any multi-owner work in a PRO’s repertory, would need a license to the fractional interests held by each of the work’s co-owners. A full-work license from a PRO, on the other hand, would provide infringement protection to a music user seeking to perform any work in the repertory of the PRO.

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The economic cost of IPR infringement in spirits and wine in EU

The European Union Intellectual property office has published report (de) presenting the results of the eighth sectorial study, covering the production of two products: spirits and wine. It is estimated that the legitimate industries loses approximately €1.3 billion of revenue annually due to the presence of counterfeit spirits and wine in the EU marketplace, corresponding to 3.3% of the sectors’ sales.

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Commission finds Spain’s support for private TV broadcasters in breach of EU rules

The European Commission has found that a Spanish scheme compensating terrestrial private broadcasters for carrying out parallel broadcasting during the digitisation of the terrestrial television signal is in breach of EU state aid rules. As no aid has been granted yet, no recovery will be required.

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Right holders have created a competitor of Russian authors society

Right holders, who are not happy with RAO have decided and created their own collecting society. As the basis for new collecting society has been taken already incorporated legal entity in a form of non-profit partnership “Russian society of authors and other right holders on collective management of their rights ROAP”. New legal entity is called Russian Authors Union (ROAS).

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Russian state intends to take control over TLD .ru and .рф

Russian authorities want to take control over coordinating center managing tlds .ru and .рф. Coordinating center also controls 75% stake in Technical Internet Center (TIC) which secure constant work of domain addressing in Russian segment of internet. Whether industry stakeholders and players would like it or they would disagree with it, the decision has been made and is implemented.

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