Author: John Richards | Practices: , , , | Tags: , , , ,

COPYRIGHT PROTECTION FOR MASS-PRODUCED ARTICLES IN THE UNITED KINGDOM

Prior to a recent change in the law, copyright protection in an artistic work expired after 25 years if articles embodying the work had been applied industrially (defined as making more than fifty articles).  This kept the period of protection for...

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Author: John Richards | Practices: , , | Tags: , , ,

CASE 168/09 FLOS SPA v SEMERARO CASA E FAMIGLIA SPA

The District Court of Milan referred questions to the Court of Justice of the European Union for a preliminary opinion on the interrelation of the EU’s Council Directive 93/98 on the duration of copyright protection and Directive 98/71 relating to...

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INDIA’S NEW NATIONAL INTELLECTUAL PROPERTY RIGHTS POLICY

On May 12, 2016 India published its National Intellectual Property Rights Policy (National IPR Policy) to raise awareness about the importance of IPR’s as a tool for financial and economic advancement. The mission of the National IPR Policy is to...

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The Effect of The Brexit (UK Departure from EU) on IP Rights

In a June 23, 2016 referendum, the combined electorates of the United Kingdom and Gibraltar voted in favor of leaving the European Union (EU). According to Article 50 of the Treaty on European Union (TEU), the United Kingdom will leave the EU two...

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Author: John Richards | Practices: , | Tags: , , ,

SUPREME COURT IN KIRSTAENG V WILEY: objective reasonableness not controlling for attorney fees

The case of Kirstaeng v. Wiley hit the headlines in 2013 when the Supreme Court held that importation and sale in the United States of books bought from the copyright owner in Thailand was not an infringement of copyright, even though a notice in...

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Author: Dennis S. Prahl | Practices: , , , | Tags: , , ,

CALIFORNIA DISTRICT COURT PUTS BABY IN A CORNER

In the United States, federal laws take precedence over state law and common law causes of action where there is an overlap. This lesson was recently learned again in Lions Gate Entertainment Inc v TD Ameritrade Services Co, where the Central...

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