ILN IP Insider

Troubled Waters for Online Pirates in Greece

On November 6, 2018 a remarkable blow was delivered to online piracy in Greece. On that day, the newly-formed “Committee for Online Copyright Infringement” – informally and more descriptively also known as the Greek “Anti-Piracy Committee” – published its first decisions, ordering, by one of those (Decision No. 3/2018), all Internet Service Providers (ISPs) in Greece to block the access to 38 domains names that corresponded to websites with copyright infringing content. The decision was most welcomed by copyright holders in Greece and was also widely shared among Internet users, many of whom were taken by surprise by the new development as the Committee’s establishment had not, until then, become known to most people not associated with the intellectual property field.

Read more

Read full article

Client Wants To Do Business in US, What To Do from an IP Perspective

The Amazon Marketplace, an online sales platform for third-party sellers, has seen a significant increase in popularity. It is not, however, the only third-party sales platform, Walmart.com, e-Bay, and Etsy are other popular marketplaces in the U.S., and all offer great ways for international sellers to enter the U.S. market. There are, however, some IP considerations international sellers should consider before selling on these marketplaces.

Read more

Read full article

NEW TRADEMARK LAWS – CANADA | PART I

June 17, 2019 is the big day – a day anticipated since 2014. The major changes to the Canadian Trademarks Act will be implemented on this day. What does this mean for trademark owners?

Read more

Read full article

Copyright law update – proposed amendments to website blocking laws

Background

The Copyright Amendment (Online Infringement) Act 2018 (Act) which passed both Houses of Parliament on 28 November 2018, and is due to commence the day after it receives Royal Assent, amends section 115A of the Copyright Act 1968 (Cth).

Read more

Read full article

“…this is my life”: Corporate Biography, Moral Rights & Being Slow To Berne

I don’t care what you say anymore this is my life
Go ahead with your own life leave me alone.
—Billy Joel, My Life

People often do quite well financially selling their life story.  But stop and think for a minute what that statement means — “selling their life story.”  The complex personal investment each writer makes in his/her craft and the further psychological dynamic of autobiography have each seen repeated comment and exploration. See Calvin D. Peeler, From The Providence Of Kings To Copyrighted Things (And French Moral Rights), 9 Ind. Int’l & Comp. L. Rev. 423, 426 (1999)(authors’ moral rights “evolved from a societal concern about individual author’s and artist’s personality and reputation investments as they are exhibited through their creative work”);  C. R. Romiţan, The Right Of Authorship On A Work, 1 AGORA International Journal of Juridical Sciences 155, 158 (2014) (“The authorship of a work belongs only to individuals, because only they have the specific qualities of the creator, namely: intelligence, personality, sensibility, faculty to create, to think, to formulate ideas and also to expose them in an original and personally form. In order to recognize the authorship of a work, the law does not require any condition because it arises from the mere fact of creating the work”); see also Livingston, P. (2016). “Authorship.” In N. Carroll & J. Gibson (Eds.), The Routledge companion to philosophy of literature (pp.173-183). New York: Routledge, at 14 (autobiographies convey perspectives beyond what is “manifested in the texts alone”); Burke, P., “Representations of the Self from Petrarch to Descartes,” pp. 17-28 in Porter, R., (1997) Rewriting the self: histories from the Renaissance to the present, London: Routledge, at 17 (“‘man became a spiritual individual and recognized him- self as such’. The rise of self-awareness or subjectivity was reflected by the rise of autobiographies”).    Does a life story sold cease to be one’s own life?  Is it no longer an individual’s personal history?  Does it become someone else’s life? When I remember and describe my own history in my own language and way, has not my history somehow merged with my expression of it?  While one might ask if I can get it back, is it not just as natural for me to say why should I have to do that, as my story has never left me?  I mean, it is mine, isn’t it?

Read more

Read full article

Can Trademarks Be Primarily Geographically Descriptive?

Suppose that you want to register a trademark that identifies a source of goods or services for your business.  What if the trademark describes a geographical area such as eastern?  Should you register your trademark with the U.S. Patent and Trademark Office?  Can you obtain a registration from the U.S. Patent and Trademark Office?  The answer is YES! if the mark is not primarily geographically descriptive.

Read more

Read full article

IP Court restrained to sell and market a generic drug until the patent expiry

On 24 April 2018 the Intellectual Property Court published its Decision in case A41 85807/2016 between Swiss-based Novartis AG and local generic Nativa LLC.

Read more

Read full article

ARGOS aggro: UK infringement issues arising from US advertising site

The Court of Appeal for England and Wales was asked to consider a case where 2 companies were using the same name in different territories, both legitimately, but one decided to exploit traffic mistakenly hitting its website by using targeted ads[1]

Read more

Read full article

CANNABIS AND CANADA

Recreational cannabis became legal in Canada under the Canadian Cannabis Act on October 17, 2018 and sales have begun. Prior thereto, only medical marijuana was available in Canada.

Read more

Read full article

Federal Circuit Establishes New Test for Trade-Dress Secondary Meaning

The United States Federal Circuit recently issued a precedential opinion addressing trade dress secondary meaning.  The decision establishes a six-factor test to determine whether trade-dress acquired secondary meaning and clarifies a variety of other, related matters.

Read more

Read full article