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Dekuzu Posts

Amendments to Michel Reimon’s draft opinion of EU action plan to enforce IP rights

According to the Commission, the cultural and creative sectors, often IPR intensive, already account for up to 4.5% of GDP and up to 8.5 million jobs in the European Union and are not only essential for cultural diversity but also significantly contribute to social and economic development. The key objective of the Action Plan should be to ensure the effective enforcement of Intellectual Property Rights (IPR) which plays a key role in stimulating innovation, creativity, competitiveness, growth and cultural diversity.

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BMI’s victory over DOJ’s rule of 100% licencing

BMI promptly sought a declaratory judgment that the Consent Decree does not require 100% (“full-work”) licensing. Nothing in the Consent Decree gives support to the Division’s views. If a fractionally-licensed composition is disqualified from inclusion in BMI’s repertory, it is not for violation of any provision of the Consent Decree.

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Explanatory notes for Unjustified Threats Bill

The Intellectual Property (Unjustified Threats) Bill (the Bill) sets out reforms to the law of unjustified, or groundless, threats as it applies to patents, trade marks and designs. The law in this area provides a remedy for those who are affected by unjustified threats. Threats to sue for infringement are unjustified where they are made in respect of an invalid right or where there has been no infringement. These Explanatory Notes explain what each part of the Bill will mean in practice.

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Russian pirate church intends to repeal Rutracker’s permanent blocking in Russian Supreme court

If a certain activity, considered from judicial point of view as a piracy, for some people is necessary due to their faith, regardless of whether sincerely or just for fun or for personal advantage, can it be respected by law and enforcement authorities and courts even if such activity infringes copyright law? Article 28 of Russian constitution guarantees the freedom of religion.

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Another popular Russian web-resource is to be permanently blocked for copyright infringement

Russian popular web-site Librusec (lib.rus.ec) is to be permanently blocked for copyright infringement under Moscow court order. Russian publishing house “AST” has applied for preliminary measure in order to protect its copyright in three literary works illegally placed on web-site in question.

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S.I.A.E.’s public comment on collective management rules review

Right holders should be permitted to grant ASCAP and BMI rights other than those of public performances. The right holders will be allowed to confer the administration of their repertoires to the same Collecting Society for both performing and mechanical rights, and consequently the Collecting Society will be able to provide users with a “one-stop shop”, thus facilitating their job.

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