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Category: Intellectual property

New research on legal aspects of exception for text and data mining in DSM directive – what rights can be concerned?

One of the basic and fundamental principles of copyright law is that data is as such not protected; copyright only protects the creative form not the information incorporated in the protected work. Thus, Text and Data Mining (TDM) should in principle not be a use covered by any exclusive intellectual property (IP) rights (IPRs), both copyright and other sui generis rights.

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Overview of the functioning of the Memorandum of Understanding on the sale of counterfeit goods via the internet

While online marketplaces are strong drivers of innovation and growth as they offer new business opportunities, they are also increasingly used as a distribution channel for counterfeit and pirated goods. To prevent the sale of counterfeit goods online, the Commission invited internet platforms, rights owners and associations to sign a Memorandum of Understanding on the Sale of Counterfeit Goods via the internet (‘MoU’).

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SWD IA on EU copyright modernisation – Impacts of first option on availability of EU AV on VOD

Stakeholders’ dialogue focusing on licensing issues and aiming at improving the proportion of EU audiovisual works available on VoD platforms

Having a platform to meet and discuss licensing issues preventing availability of EU AV works on VoD platforms (e.g. exclusivity issues; release windows), at European level, could contribute to reach agreements (self-regulatory measures) for a more sustained exploitation of EU works, which would benefit all stakeholders involved. However, chances of reaching concrete agreements would depend on the willingness of the stakeholders to engage in constructive discussions and to take commitments.

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Online news aggregation and neighbouring rights for news publishers – copyright economy

The civil law tradition seeks to obtain remuneration for all digital reproductions that are publicly available, subject to some exceptions that are justified by transaction costs. Lawyers and courts are struggling to bring these new technologies in line with that right or design extensions and modifications of copyright law to bring them into the fold of that remuneration right.

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Is the shape of a London taxi a valid registered trade mark?

The claimant and appellant The London Taxi Corporation Limited (“LTC”) contends that it can be. It further contends that the defendants and respondents Frazer-Nash Research Limited (“FNR”) and Ecotive Limited (“Ecotive”) threaten to infringe two of its registered trade marks (“the LTC marks”) which depict models of its taxis, by launching a new London taxi, the new Metrocab.

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Can an artwork, going to be a public domain, be registered as a trademark?

Oslo Municipality applied for trade mark protection for a number of artworks that will become freely available under the Norwegian Copyright Act. Oslo Municipality applied for trade mark protection with regard to several artworks of the oeuvre of Gustav Vigeland, one of the most eminent Norwegian sculptors. Following the refusal to register some trademarks the municipality has appealed.

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Third edition of USA copyright office compendium – book jackets and games

Book Jackets

Book jackets often contain several types of authorship that is separate from the book itself, such as text, illustrations, and photographs. If text is the predominant form of authorship in the jacket, the work may be registered as a nondramatic literary work. If the predominant form of author ship consists of artwork, illustrations, or photographs, the jacket may be registered as a work of the visual arts.

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Reasons for Vitorino’s recommendations on private copying and reprography levies: the notion of harm

The current legal framework is silent on what constitutes ‘harm’. It merely refers to ‘harm’ as a valuable criterion in the calculation of the fair compensation (Recital 35 of Directive 2001/29/EC). The Court of Justice of the European Union, however, affirmed that the fair compensation must necessarily be calculated on the basis of the criterion of the ‘harm’ caused to authors of protected works by the introduction of the private copying exception. The Court did not clarify, however, what exactly should be understood under the notion of ‘harm’.

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Russian ministry of culture proposed to block pirate web-site permanently without court order and any evidence

A new draft law, developed by Russian ministry of culture (MinCult), contains amendments to Russian law on information, its protection and informational technologies, aiming to simplify and streamline restriction of access to pirate web-sites and their mirrors. But there is one little detail.

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