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Copyright, IP and European Law
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An Alternative to Intellectual Property Theories of Locke and Utilitarian Economics

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'Deep Throat' production company loses 'Lovelace' copyright case

'Deep Throat' production company loses 'Lovelace' copyright case | Copyright, IP and European Law | Scoop.it
NEW YORK (Reuters) - The owners of the rights to the famed pornographic film Deep Throat have lost a lawsuit accusing the producers of the 2013 biopicture Lovelace of copyright infringement.U.S. District
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New to IP? Here's 10 facts about Intellectual Property

New to IP? Here's 10 facts about Intellectual Property | Copyright, IP and European Law | Scoop.it

The aim of this article is to very briefly introduce some topics, facts and issues from the area of intellectual property law. This article is aimed at people who have had little or no contact with intellectual property and is designed as a (very brief) primer to highlight some particular elements of the subject area.

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The Case for Open Visual Representations - NZ Commons

The Case for Open Visual Representations - NZ Commons | Copyright, IP and European Law | Scoop.it
Let's consciously use open principles and make it easier to create, find, share, reuse, and adapt our graphics for science.
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Civil search warrants in intellectual property cases

Civil search warrants in intellectual property cases | Copyright, IP and European Law | Scoop.it
WHEN A PARTY is made a defendant in a court case, it is almost certain that he will not voluntarily provide evidence that establishes his liability. What a complainant can do, in such a case, to obtain evidence is to apply for the issuance of a search and seizure warrant against the defendant.
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Industrial design and maintenance of intellectual property rights

Industrial design and maintenance of intellectual property rights | Copyright, IP and European Law | Scoop.it

[Abstract]  With the development of economic globalization, industrial design is increasingly being valued by all countries. This paper anchored, gives rise to the issue of intellectual property protection design industry, and then talk about how to use intellectual property protection product design, how to use intellectual property safeguard the interests of businesses and designers. Especially in Chinas accession to the WTO, how should we enhance the product design maintains awareness of intellectual property, as well as special situations that may be encountered.
[Keyword] product design IPR special appearance

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eBay settles case over fake goods

eBay settles case over fake goods | Copyright, IP and European Law | Scoop.it
LVMH Moet Hennessy Louis Vuitton and eBay have settled a long-running court battle over the sale of counterfeit luxury goods on the U.S. company's online auction website.
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Nico Rosberg scraps plan to wear World Cup trophy helmet in German GP

Nico Rosberg scraps plan to wear World Cup trophy helmet in German GP | Copyright, IP and European Law | Scoop.it

Nico Rosberg has had to abandon plans to wear a special helmet decorated with the golden World Cup trophy in his home German Grand Prix due to copyright issues

 

A new version would be produced, still featuring the four stars denoting Germany’s four world titles.

 

Fifa said: “Fifa is obliged to take action against any unauthorised reproduction of its intellectual property in a commercial context.

“If Fifa would not follow up on any potential infringements of its intellectual property, it would risk losing its legal right and title to such works, thereby endangering the foundation of its commercial programme which is driven primarily by the access to, and usage of, our brand marks, including the Fifa World Cup trophy.

 

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Trademarks as Search Engine Keywords: Who, What, When? by David A. Hyman, David J. Franklyn

Trademarks as Search Engine Keywords: Who, What, When? by David A. Hyman, David J. Franklyn | Copyright, IP and European Law | Scoop.it

Abstract:


Most Internet searches result in unpaid (organic or algorithmic) results, and paid ads. The specific ads that are displayed are dictated by the user’s search terms (“keywords”). In 2004, Google began offering trademarks for use as keywords on an unrestricted basis, followed in due course by other search engines. Once that happened, any entity (including sellers of competing products) could have their ads appear in response to a search for the trademarked product. Trademark owners responded by filing more than 100 lawsuits in the United States and Europe, making the dispute the hottest controversy in the history of trademark law. Litigation has focused on purchases by competitors — giving the impression that competitors account for a large portion of such purchases. We find that competitors account for a relatively small percentage of keyword purchases, and many trademark owners purchase their own marks as keywords. We also find a high degree of fluctuation in the number of paid ads and the domain names to which those ads are linked. We conclude that the risk of widespread abuse is low. Trademark owners’ objections seem to have more to do with objections to free riding than with the zone of interests currently protected by U.S. trademark law.

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Litigating Intellectual Property Rights in Investor-State Arbitration: From Plain Packaging to Patent Revocation by Henning Grosse Ruse-Khan

Litigating Intellectual Property Rights in Investor-State Arbitration: From Plain Packaging to Patent Revocation by Henning Grosse Ruse-Khan | Copyright, IP and European Law | Scoop.it

Abstract:

 

Enforcing intellectual property rights abroad is difficult. International treaties have generally not created directly enforceable IP rights. Usually, the protection they confer cannot be directly invoked in national courts. Because of the territorial nature of IP protection, right holders must proceed in local courts based on local laws. Litigating IP rights abroad hence faces several hurdles.

 

International investment law offers some options to overcome these hurdles: It commonly includes IP rights in its protection for foreign investments against government interference. Often, investors can directly challenge host state measures in international arbitration proceedings. Relying on investment standards offers an alternative mechanism to protect IP rights abroad and is increasingly used to challenge the host state’s compliance with international IP treaties. However, arbitrators have on occasion denied their competence to rule on alleged breaches of an international IP agreement.

 

This article focusses on the investment interface aspect of IP: Compared to domestic proceedings (where international standards usually cannot be invoked), WTO dispute settlement (where right holders have no legal standing), and the protection of property under human rights instruments (where protection is limited to specific human rights standards), investor-state arbitration may be the only forum where right holders can litigate international IP norms such as the TRIPS Agreement. This may have significant effects on the autonomy of host states in responding to public interest concerns (such as access to medicines or reducing smoking) once measures affect IP rights of foreign investors. Reviewing the options for litigating international IP norms in investment disputes, I conclude that most routes pursued by right holders are unlikely to be successful. Ironically, it is only clauses in investment treaties which aim to safeguard flexibilities in the international IP system that are likely to open a door for challenging compliance with international IP obligations in investor-state arbitration.

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"Intellectual Property, Human Rights, and Sovereignty: New Dilemmas in International Law Posed by the Recognition of Indigenous Knowledge and the Conservation of Biodiversity" by Rosemary Coombe

"Intellectual Property, Human Rights, and Sovereignty: New Dilemmas in International Law Posed by the Recognition of Indigenous Knowledge and the Conservation of Biodiversity" by Rosemary Coombe | Copyright, IP and European Law | Scoop.it
The recognition of IPRs as human rights entails a renewed concern for social justice issues in an era of so-called global harmonization of intellectual property protections that further challenges our considerations of sovereignty. The issue of intellectual property has, for many indigenous peoples, been an effective rhetorical vehicle to keep issues of autonomy and self-determination on the global bargaining table. However, it would be a gross misrepresentation of global cultural politics to suggest that all indigenous interest in intellectual property assumes a collective cultural form. An acknowledgement of IPRs status as human rights instruments seems timely, if not urgent, given the contemporary hegemony of financial and trade considerations in global discussions of intellectual property.
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Europe moves to protect intellectual property rights

Europe moves to protect intellectual property rights | Copyright, IP and European Law | Scoop.it

The European Commission has moved to protect the intellectual property rights of its businesses. 


A new action plan to "address infringements of intellectual property rights in the EU" will be adopted, along with a strategy for the protection and enforcement of intellectual property rights (IPR) in third countries.
European statistics show that the abuse of intellectual property rights is on the rise, with some 90,000 cases identified in 2012 compared to fewer than 27,000 in 2005. 


The OECD estimates that IPR infringements cost the global economy around €200 billion each year.

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A New Theory Of Intellectual Property Rights

A New Theory Of Intellectual Property Rights | Copyright, IP and European Law | Scoop.it
Normal properties do not require physical means to exist because their nature is physical; they exist independently of other physical entities. A rock exists whether or not the river exists. Their existence is independent from each other. Not so with IPs. If we wish to interact with IPs we need physical means to transmit them. Interactive IPs are dependent upon physical means..
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Fashion Star Sued for Selling California Graffiti as Own

Fashion Star Sued for Selling California Graffiti as Own | Copyright, IP and European Law | Scoop.it

Three graffiti artists known as Revok, Reyes & Steel filed a lawsuit Monday against chic Italian fashion designer Roberto Cavalli S.p.A. for copyright infringement, unfair competition and violations of the Lanham Act (false designation claim of origin) in the Central District of California. In his Spring/Summer 2014 line of Just Cavalli clothing, accessories, and shoes, Cavalli used direct designs of murals by the artists throughout the San Francisco Mission District, completed back in 2012. The artists, Jason Williams, Victor Chapa, and Jeffrey Rubin, are in line with other graffiti artists filing suit against the high culture of fashion that is counter to the underground street work of graffiti.

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Compendium of U.S. Copyright Office Practices, Third Edition

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The U.S. Copyright Office released the first public draft of the new Compendium of U.S. Copyright Office Practices, Third Edition.  The Compendium of U.S. Copyright Office Practices, last revised over twenty years ago, is the administrative manual of the Register of Copyrights, and offers guidance on registration policies and procedures as well as the administration of copyright law.  The Third Edition will be considered a non-final draft for approximately 120 days pending final review and implementation.  The Copyright Office expects the final version of the Third Edition to take effect on December 15, 2014.  The draft Third Edition is available here [public draft (1222 pages)] ☛ http://copyright.gov/comp3/docs/compendium-full.pdf

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Instagram must introduce brand verification to clean out fake accounts

Instagram must introduce brand verification to clean out fake accounts | Copyright, IP and European Law | Scoop.it
Hundreds of imitators are damaging legitimate brands on the app. Before Instagram asks marketers for their money, it must first fix its brand problem
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James Robey on protecting intellectual property rights in overseas markets (Part I)

James Robey, Partner and Patent Attorney at Wilson Gunn, Manchester, UK, talks about the key international treaties that protect intellectual property rights overseas and offers tips on protecting intellectual property rights in the Chinese market.


James Robey on protecting intellectual property rights in overseas markets (Part II) ☛ https://www.youtube.com/watch?v=8ZKRT-iDei4

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Regulating GMOs in the United States and Europe: The Political and Economic Drivers Behind Monsanto's Agricultural Biotechnology Business

Regulating GMOs in the United States and Europe: The Political and Economic Drivers Behind Monsanto's Agricultural Biotechnology Business | Copyright, IP and European Law | Scoop.it
While the regulation of bioengineered agriculture began at the same time in both the United States (U.S.) and the European Union (EU), the political and economic landscapes surrounding this industry on each side of the Atlantic diverged significantly over time. This divergence is exemplified by the varying success of industry leader Monsanto on either side of the Atlantic. In the U.S., modern bioengineering interests successfully pioneered a regulatory approach of 'forced invisibility,' whereas in the EU both policymakers and the public continue to demand strict transparency.
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Under RIAA threat, radio “aircheck” historical archive at a crossroads

Under RIAA threat, radio “aircheck” historical archive at a crossroads | Copyright, IP and European Law | Scoop.it

ReelRadio, a radio-streaming site dedicated to historical "aircheck" demos, has come under fire from the Recording Industry Association of America, igniting a licensing squabble that places the site's future in doubt.

Founded in 1996, the site (which still looks like it's nearly 20 years old) streams "scoped" and "unscoped" announcer airchecks. On Wednesday, the site said it would suspend the streaming of unscoped content.

"

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Theralase Advances Intellectual Property of Anti-Cancer Technology

Theralase Advances Intellectual Property of Anti-Cancer Technology | Copyright, IP and European Law | Scoop.it

Theralase Technologies Inc. (“Theralase”)(http://www.theralase.com/) announced today that it has applied for a US patent for a multi-wavelength laser light source that is capable of safely and effectively activating its patented and patent pending Photo Dynamic Compounds (PDCs) in the destruction of cancer at various tissue depths.

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How Intellectual Property Law May Have Destroyed Men’s Shaving In America | Fair Copyright

How Intellectual Property Law May Have Destroyed Men’s Shaving In America | Fair Copyright | Copyright, IP and European Law | Scoop.it

Over a hundred years ago The Gillette Safety Razor Company patented its method of manufacturing cheap but effective safety razors which allowed men to shave safely and effectively at home. This had a dreadful effect on Barbershops who previously had a monopoly on shaving.

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Read also "Razor Manufacturing Giant Gillette Filing A Patent For 3D Printed Razor Blades" ☛ http://www.faircopyright.ca/razor-manufacturing-giant-gillette-filing-a-patent-for-3d-printed-razor-blades/

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Why Apple Losing A Siri Patent Case In China Is Great News For Intellectual Property Holders Everywhere

Why Apple Losing A Siri Patent Case In China Is Great News For Intellectual Property Holders Everywhere | Copyright, IP and European Law | Scoop.it
Apple appears to have just lost the first stage of a patent case in China about Siri, the voice application. At first blush you might not think this is a good idea for patent holders outside the Middle Kingdom, for what this is is a court ruling against such foreign intellectual property. However, there’s another way around to think of this. Which is that China in general, Chinese courts and Chinese companies are only going to start taking the protection of IP seriously when they’ve got some of their own IP to protect. And if we’re now beginning to see that there is such domestic IP, which is being protected by those domestic courts, then it’s entirely possible that we’ll see, over the coming years, something of a sea change in IP protection in that country.
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Tesla slams China trademark action

Electric carmaker Tesla on Wednesday denounced a Chinese businessman's lawsuit seeking millions of dollars for alleged trademark infringement as an attempt to "steal" its property and "without any conceivable merit".

 

Zhan Baosheng, said to be the founder of a cosmetics website in the southern city of Guangzhou, registered "Tesla" as a trademark in China in 2009, the China Business News said.

 

He also sought to trademark a T-shaped logo and the phrase "Tesla Motors", it said, although those applications were still pending following objections.

 

Zhan filed a lawsuit against Tesla in a Beijing court last week, the paper reported, demanding it close its showrooms, service centres and charging facilities in China, terminate all sales and marketing activities in the country and pay 23.9 million yuan ($3.9 million) in compensation.

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Apple loses China patent case, separate suit against Apple continues

Apple loses China patent case, separate suit against Apple continues | Copyright, IP and European Law | Scoop.it
A Beijing court has ruled against Apple Inc (AAPL.O) by upholding the validity of a patent held by a Chinese company, clearing the way for the Chinese company to continue its own case against Apple for infringing intellectual property rights
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Developers Must Consider Intellectual Property Liabilities In Solar Projects

Developers Must Consider Intellectual Property Liabilities In Solar Projects | Copyright, IP and European Law | Scoop.it
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