Subjects -> PATENTS, TRADEMARKS AND COPYRIGHTS (Total: 28 journals)
Showing 1 - 9 of 9 Journals sorted by number of followers
Journal of Copyright in Education & Librarianship     Open Access   (Followers: 29)
International Data Privacy Law     Hybrid Journal   (Followers: 27)
International Journal of Intellectual Property Management     Hybrid Journal   (Followers: 26)
Journal of Intellectual Property Law & Practice     Hybrid Journal   (Followers: 25)
IIC - International Review of Intellectual Property and Competition Law     Hybrid Journal   (Followers: 24)
The Journal of World Intellectual Property     Hybrid Journal   (Followers: 22)
Journal of Intellectual Property Rights (JIPR)     Open Access   (Followers: 22)
JIPITEC Journal of Intellectual Property, Information Technology and E-Commerce Law     Open Access   (Followers: 21)
Fordham Intellectual Property, Media and Entertainment Law Journal     Open Access   (Followers: 17)
Berkeley Technology Law Journal     Free   (Followers: 16)
World Patent Information     Hybrid Journal   (Followers: 15)
Marquette Intellectual Property Law Review     Open Access   (Followers: 13)
IP Theory     Open Access   (Followers: 10)
International Journal of Innovation Science     Hybrid Journal   (Followers: 9)
Expert Opinion on Therapeutic Patents     Hybrid Journal   (Followers: 9)
John Marshall Review of Intellectual Property Law     Free   (Followers: 8)
Northwestern Journal of Technology and Intellectual Property     Open Access   (Followers: 7)
Reports of Patent, Design and Trade Mark Cases     Hybrid Journal   (Followers: 5)
Journal of Data Protection & Privacy     Full-text available via subscription   (Followers: 5)
Journal of Knowledge-based Innovation in China     Hybrid Journal   (Followers: 4)
Invention Disclosure     Open Access   (Followers: 1)
GRUR International     Full-text available via subscription  
Law, State and Telecommunications Review     Open Access  
Revista La Propiedad Inmaterial     Open Access  
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GRUR International
Number of Followers: 0  
 
  Full-text available via subscription Subscription journal
ISSN (Print) 2632-8623 - ISSN (Online) 2632-8550
Published by Oxford University Press Homepage  [419 journals]
  • Monopolising ‘Foreign Agents’ in Russia – Marking Individuals,
           Freedom of Speech and Trade Mark Law

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      Authors: Lee N; Sevastianova V.
      Pages: 587 - 588
      PubDate: Tue, 26 Apr 2022 00:00:00 GMT
      DOI: 10.1093/grurint/ikac044
      Issue No: Vol. 71, No. 7 (2022)
       
  • Robojournalism – A Copyright Study on the Use of Artificial Intelligence
           in the European News Industry

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      Authors: Trapova A; Mezei P.
      Pages: 589 - 602
      Abstract: AbstractThe copyright protectability of outputs generated by, or with the help of Artificial Intelligence (AI) is a hotly debated question in academia and by many institutions. In practice, sophisticated AI algorithms have become a meaningful assistant in the European news industry for the reporting of sports (Retresco’s collaboration with the German Football Association), weather (textOmatic’s collaboration with FOCUS Online) and finance (the Guardian’s ‘Guarbot’). Furthermore, for the first time in copyright history a court in China assessed the validity of a company’s copyright claim over the articles produced by the corporation’s algorithm. The protection with copyright of this ‘robojournalism’ is no longer just a buzzwordy trend. From a technological perspective, robojournalism currently relies on assistive, generative and distributive technologies. The first two seem to be the most problematic from a copyright perspective as they challenge the well-rooted human authorship requirement. Experts have been able to agree so far that it does not look like AI technology is going to be a disruptive force in the media industry. However, researching the impact of AI in journalism matters a great deal. There are numerous benefits stemming from the use of AI in the newsroom – from expanding news coverage, through faster content production, all the way to leaving journalists more time for the more ‘creative’ and investigative tasks where the algorithm remains weak. This paper addresses, first, the protectability of the outputs of robojournalism under the existing European Union copyright laws. It then goes on to introduce findings related to the practical significance of robojournalism in the European news industry. Here, our focus is on the business, media, and communications studies’ perspectives of automated journalism. Our results demonstrate that the extent to which European journalism relies on assistive and generative technologies to produce written output does not justify, from a copyright perspective, the changing of the current anthropocentric copyright system. These findings have wider implications as AI-generated outputs have prompted many to talk about market failure if copyright (or related rights) protection was to be refused for such works.11
      PubDate: Sun, 08 May 2022 00:00:00 GMT
      DOI: 10.1093/grurint/ikac038
      Issue No: Vol. 71, No. 7 (2022)
       
  • The Use and Abuse of Anti-Suit Injunctions in SEP Litigation: Is There a
           Way Forward'

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      Authors: Geradin D; Katsifis D.
      Pages: 603 - 617
      Abstract: AbstractCross-border litigation over standard essential patents (SEPs) entered a new phase when the English courts decided in Unwired Planet v Huawei that they have the power to set the terms of a global license within the context of national patent infringement proceedings. Unwired Planet appears to have unleashed a global race to the bottom and a race to the courthouse, with litigants racing to seize their preferred forum to set global rates while trying to prevent their opponents from bringing proceedings elsewhere through ‘anti-suit injunctions’, a type of relief traditionally granted by common law jurisdictions but now increasingly by civil law jurisdictions such as China. Yet this is rarely the end of the matter, with litigants applying for anti-anti-suit injunctions or even anti-anti-anti-suit injunctions. The purpose of this paper is to explore the new realities in SEP litigation post-Unwired Planet, with a focus on the use of anti-suit injunctions and the corresponding turf war between national courts. After discussing the legal test for granting such relief in various legal systems, the paper discusses the worrying proliferation of anti-suit injunctions across major jurisdictions, noting how this trend wastes judicial resources and may undermine international comity. It considers that in the absence of some form of international coordination, a satisfactory solution is unlikely to emerge in the short term. As a first step, it proposes that governments consider establishing ‘best practices’ for SEP licensing dispute resolution, including for jurisdictional issues such as the scope of licenses fashioned by national courts.
      PubDate: Thu, 23 Jun 2022 00:00:00 GMT
      DOI: 10.1093/grurint/ikac051
      Issue No: Vol. 71, No. 7 (2022)
       
  • Participating in Cultural Life via Augmented Reality on Cultural Goods:
           What Role for Copyright'

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      Authors: Sappa C.
      Pages: 618 - 632
      Abstract: AbstractAugmented Reality (AR) is a technology enabling the overlap of digital images with those from the real world. This technology can have a wide range of applications, including in the cultural heritage sector. AR initiatives can be implemented by cultural heritage institutes (CHIs) for educational and research purposes, but also by third parties as (complementary) commercial practices. When AR is applied to cultural goods, this can be referred to as the ‘exploitation’ of such goods. These goods often embed works of art which may fall under the protection of an Intellectual Property Right (IPR). This paper focuses on the importance of AR experiences when applied to cultural goods and explains why it is a suitable tool for a comprehensive and consistent achievement of the CHIs’ missions and, more broadly, for economic, cultural and social growth, as well as for a better implementation of the legal right of participation in cultural life. The analysis studies this from an IPR perspective and explains how copyright interferes with the development of AR applications. The work does not deal with the protection of AR outcomes as such. It discusses when and what challenges are raised for both moral rights and economic rights when data and images are communicated to the public via AR applications. Anyone that intends to develop AR needs to own economic rights. When rights are owned, if AR is developed by a public sector body or a CHI, rules on public sector information may also apply and facilitate the initiative. If the IPRs are not owned by the AR developer, the latter should request a license, probably via Collective Management Organizations, unless exceptions and limitations can provide for a solution. Thus, exceptions and limitations are one of the main focuses of this work.
      PubDate: Tue, 10 May 2022 00:00:00 GMT
      DOI: 10.1093/grurint/ikac045
      Issue No: Vol. 71, No. 7 (2022)
       
  • Can Clarity of an Amended Patent Claim Be Challenged Before the UPC
           (')

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      Authors: Hüttermann A.
      Pages: 633 - 635
      Abstract: AbstractThis paper assesses whether the clarity of a claim after amendments have been made to it can be challenged in a nullity suit or counterclaim for revocation before the Unified Patent Court (UPC). It argues that, given the uncertainties of Rule 30 of the UPC’s Rules of Procedure, it will be up to the Appeal Court to decide on this matter.
      PubDate: Mon, 28 Mar 2022 00:00:00 GMT
      DOI: 10.1093/grurint/ikac023
      Issue No: Vol. 71, No. 7 (2022)
       
  • Concurring Data Policy Cycles' Global Data Strategies Conference,
           University of Passau, 20 and 21 September 2021

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      Authors: Dittmar J.
      Pages: 636 - 638
      Abstract: AbstractGlobal data law is on the rise, and the competitiveness of societies is at stake. Today, the competing approaches to data law around the world are still manifold. But is it likely that these approaches will be unified by a strategic turn towards a global data strategy' The first conference of the Global Data Law Conference Series of the University of Passau Research Centre of Law and Digitalisation (FREDI) turned to this question in September 2021. The ensuing discussions led by international experts highlighted the interplay between policymakers and private corporations in shaping data strategies and protecting as well as empowering data subjects. Different data protection levels worldwide were evaluated and factored against the data-driven competitive advantages of private corporations. The range of aspects spread from prospects of a global data governance architecture, the notion of data colonialism and the European digital single market to the Chinese digital silk road.
      PubDate: Tue, 26 Apr 2022 00:00:00 GMT
      DOI: 10.1093/grurint/ikac043
      Issue No: Vol. 71, No. 7 (2022)
       
  • Protection against Dilution only Applies to ‘Highly Renowned’
           Trade Marks

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      Pages: 641 - 652
      Abstract: Law No. 9.279/96 on Industrial Property, Arts. 125 and 130 - Perdigão
      PubDate: Thu, 23 Jun 2022 00:00:00 GMT
      DOI: 10.1093/grurint/ikac052
      Issue No: Vol. 71, No. 7 (2022)
       
  • Acquired Distinctiveness of Abstract Colour Trade Marks

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      Pages: 653 - 660
      Abstract: Goldhase III [Gold Bunny III]
      PubDate: Mon, 04 Apr 2022 00:00:00 GMT
      DOI: 10.1093/grurint/ikac032
      Issue No: Vol. 71, No. 7 (2022)
       
  • Labelling Food Supplements with Information on Their Effects on Human
           Health Does Not Constitute Unfair Competition

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      Pages: 661 - 665
      Abstract: ‒ Les Laboratoires Servier v Simply You Pharmaceuticals a.s.
      PubDate: Fri, 01 Apr 2022 00:00:00 GMT
      DOI: 10.1093/grurint/ikac027
      Issue No: Vol. 71, No. 7 (2022)
       
  • Scope of Protection of Computer Programs

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      Pages: 666 - 667
      Abstract: Italian Copyright Statute (Law No. 633/1941), Art. 64quater; Civil Code, Arts. 1175, 1375 and 2598 ‒ Ales S.r.L. v HP Enterprise Services Italia S.r.L.
      PubDate: Thu, 23 Jun 2022 00:00:00 GMT
      DOI: 10.1093/grurint/ikac046
      Issue No: Vol. 71, No. 7 (2022)
       
  • Fairness in Licensing Contracts and Definition of ‘First Fixation’
           under the Law on Related Rights

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      Pages: 668 - 671
      Abstract: Spinnin Records
      PubDate: Wed, 22 Jun 2022 00:00:00 GMT
      DOI: 10.1093/grurint/ikac050
      Issue No: Vol. 71, No. 7 (2022)
       
  • Decompilation of a Computer Program in Order to Correct Errors Affecting
           Its Operation

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      Pages: 672 - 672
      Abstract: Top System SA v Belgian State
      PubDate: Tue, 08 Feb 2022 00:00:00 GMT
      DOI: 10.1093/grurint/ikac010
      Issue No: Vol. 71, No. 7 (2022)
       
  • Scope of Patents Claiming Priority

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      Pages: 639 - 640
      Abstract: Right of Priority
      PubDate: Tue, 07 Dec 2021 00:00:00 GMT
      DOI: 10.1093/grurint/ikab151
      Issue No: Vol. 71, No. 7 (2021)
       
 
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