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Category: Intellectual property

New South African’s IP policy has been published

The National Development Plan (NDP) of South Africa calls for a greater emphasis on innovation, improved productivity, an intensive pursuit of a knowledge economy and the better exploitation of comparative and competitive advantages. Intellectual Property (IP) is an important policy instrument in promoting innovation, technology transfer, research and development (R&D), creative expression, consumer protection, industrial development and more broadly, economic growth.

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Restricting the monopoly of IP rights as antitrust measure in Russia

Russian Federal Antitrust Services (FAS) develops fifth packet of amendments to Russian law on protection of competition. The reason of proposed amendments, according to FAS, is inability to apply current law standards to digital markets. The updated regulation should also cover internet and digital platforms or companies. This so called “fifth packet” includes amendments to Russian IP law.

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What annual complaints book by Russian business proposes for IP industry?

Each year the Russian business ombudsman publishes the book of complaints – the collection of problems identified by Russian business. Each industry identifies certain problems and business ombudsman proposes solutions. The intellectual property is no exception. What complaints and what solutions?

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Andrey Krichevsky, CEO of Russian accredited CMO, about collective management in Russia

Andrey Krichevsky gave to Russian media house “Kommersant” interview. During the conversation with journalist he explained his position and vision of collective management in Russia, his experience and perspectives in development of music business in generally. Below are his main thoughts, and, believe, they have been translated very correctly.

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Strengthening the Press Through Copyright – why a publisher’s right is required

The briefing note by committee of legal affairs demonstrates that the new, related right for press publishers provided in Article 11 of the ‘Proposed DSM Directive’ is required to address pressing market failures in the area of the online press. The note also outlines why the proposed Article 11 is proportionate and the criticism raised against it by various stakeholders is not compelling.

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SWD IA on EU copyright modernisation – impacts of baseline option for out-of-commerce works in the collections of cultural heritage institutions

This option would not have any direct impact on rights clearance and transaction costs and would entirely depend on the solutions available at national level. CHIs in MS whose legal frameworks already allow for licences also covering the rights of outsiders for the digitisation and dissemination of OoC works would already benefit from the possibility of substantially lower transaction costs.

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Ventura v Motherless: safe harbor matters

Joshua Lange, the named defendant, owns, operates, and is the sole employee of his internet site, Motherless.com. The site contains over 12.6 million mostly pornographic pictures and video clips. The content generally has been uploaded by the site’s users, and the uploaders may or may not have created the material. Motherless stores the content on servers that Lange owns. In 2011, the website had nearly 750,000 active users and about 611,000 visits daily.

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Spanski v Telewizja Polska: domestic copyright infringement from abroad

When the owner of a foreign website, acting abroad, uploads video content in which another party holds exclusive United States public performance rights under the Copyright Act and then directs the uploaded content to United States viewers upon their request, does it commit an infringing “performance” under the Act? If so, is it protected from liability by the principle – unquestioned here – that the Act has no extraterritorial application?

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