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Category: Uncategorised

Draft evaluation and review of the IPR enforcement directive – Speed, quality and access to enforcement

Judges specialised in IPR matters would provide an added value compared to legal action dealt with in non-specialised courts (shorter length of proceedings, more fir-for-purpose proceedings and better quality judgments). A first option to address this issue is promoting and incentivising of the specialisation of national judges in matters of infringement and validity of IPR through a non-legislative initiative.

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Verb use does not automatically constitute generic use

A claim of genericness or “genericide,” where the public appropriates a trademark and uses it as a generic name for particular types of goods or services irrespective of its source, must be made with regard to a particular type of good or service. Verb use of the word “google” to mean “search the internet,” as opposed to adjective use, did not automatically constitute generic use.

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Can you sell the rights prior to their termination under US copyright law?

Ben E. King was a renowned musician, best known as the singer and co-writer of “Stand By Me”. He also co-wrote “There Goes My Baby.” Both “Stand By Me” and “There Goes My Baby”, are the subject of valid copyrights.

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Russian internet ombudsman believes it is madness to forbid VPN or anonymizers in Russia

Russian ombudsman on internet dislikes idea to forbid VPN and similar services in Russia in order to control access to information or dissemination of information. He believes such idea is madness.

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European citizens and intellectual property: perception, awareness and behaviour

In 2013, the European Union Intellectual Property Office commissioned the study, European Citizens and Intellectual Property: Perception, Awareness and Behaviour, to explore Europeans’ attitudes towards IP; the degree to which Europeans respect these rights, and the concept as a whole.

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When you have to clear copyright to merchandise

Glen Friedman is a well-known photographer whose work focuses on figures from several American subcultures, including skateboarders, punk rock musicians, and hip hop artists. His photography has been in gallery exhibitions and on record covers and has been published widely.

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When it is necessary to present an evidence of your claims

Robin Antonick developed the computer code for the original John Madden Football game for the Apple II computer, which was released by Electronic Arts. Electronic Arts subsequently released Madden games for Sega Genesis and Super Nintendo for which plaintiff received no royalties under a 1986 contract.

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Proposed amendments to Single Market Strategy

Counterfeiting is a serious threat to public health and safety and the total value of counterfeit goods trafficking has increased significantly in recent years, exacerbating the devastating impact of counterfeiting on innovation, employment and the branding of European companies.

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Amendments to coherent EU policy for cultural and creative industries – creator’s rights and interests

The Commission is urged to establish legal provisions which create a fairer environment governing the transfer of rights and the contractual remuneration of authors and performers, to create a contract adjustment mechanism, which allows authors and performers to claim additional remuneration in case the revenues yielded out of the exploitation of the works are disproportionally high compared to the remuneration agreed in the initial contract.

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Max Andersson’s proposed amendments to proposed directive to implement Marrakesh Treaty throughout EU

Persons who are blind, visually impaired or otherwise print disabled continue to face many barriers in accessing books and other print material which are protected by copyright and related rights. Taking into consideration the social interests of granting such persons the right of access to information and the right to participate in cultural, economic and social life on an equal basis with others, measures need to be taken to increase the availability of those works in accessible formats and to improve their circulation in the internal market, within the conditions set forth in this Directive, in order to ensure access to knowledge and information.

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