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EFF Challenges DMCA Anti-Circumvention Provisions, Reopens “Dancing Baby” Case

Intellectual Property Watch - Tue, 08/16/2016 - 14:58
Issues arising from the often-controversial US Digital Millennium Copyright Act (DMCA) prompted the Electronic Frontier Foundation to head to court in recent weeks to address what it sees as violations of free speech and the right to freely use copyrighted content in some instances.
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Israel As Cybersecurity Powerhouse Applies Knowhow To Intellectual Property

Intellectual Property Watch - Tue, 08/16/2016 - 08:37
Israel has emerged as the world’s second-largest exporter of cyber security services behind the United States, as data attacks are increasingly becoming a threat to intellectual property ownership.
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Growing Call For Transparency Within African CMOs To Ensure Membership Confidence

Intellectual Property Watch - Tue, 08/16/2016 - 07:45
KAMPALA, Uganda -- Collective management organisations (CMOs) in African Regional Intellectual Property Organization (ARIPO) member states, and Africa at large, have the potential to contribute to the growth and development of creative industries. However, they need to be supported, guided and supervised to ensure that they achieve the purpose for which they are established.
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Switzerland Stars, China In Top 25, Innovation Rating Finds

Intellectual Property Watch - Mon, 08/15/2016 - 08:57
A global innovation rating has found Switzerland to be the most innovative nation in the world for the sixth consecutive year even if some other countries are on its heels. The lead group of countries continued to be mainly composed of most economically advanced nations, while innovation is lagging in many developing countries, but China and India made notable leaps up the list this year. The rankings stirred a broader discussion today of the shifting global economy and the role of innovation, including a call for a new approach to global innovation governance.
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Kenyan Start-Ups Make The Ride Tough For Uber

Intellectual Property Watch - Mon, 08/15/2016 - 08:23
NAIROBI, Kenya -- After making a dramatic entry into the African market late last year that was marked by as much drama as elsewhere in the world, global taxi hailing service Uber is facing tough times in the Kenyan market, thanks to a number of innovative tech start-ups that are giving the company a run for its money.
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adidas three stripes strip away competition

According to the Court of Justice of the European Union (CJEU), adidas’ three stripes prevent a rival from gaining a foothold in footwear.

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CJEU addresses private copying and fair compensation issues

The InfoSoc Directive (2001/29/EC) aimed at harmonising copyright-related aspects within the EU. Article 5(2)(b) of the Directive, which concerns private copying has given rise to numerous cases, largely concerning the amount of the relevant fair compensation to be paid to right holders. Copydan Båndkopi v Nokia Denmark is one such case where the Court of Justice of the European Union (CJEU) was called upon to decide whether a private copying levy can be imposed on mobile telephone memory cards and multi-functional memory devices. Within the ambit of the InfoSoc Directive, the CJEU decided that Member States can formulate legislation that levies private copying on multi-functional devices like memory cards, even if the primary function of the device is not to facilitate private copying.

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Viiniverla: too much 'ado about nothing

The drink name ‘Verlados’ is in breach of the Geographical Indications (GI) Regulation on spirits and must be changed to comply with EU law; the Court of Justice of the European Union (CJEU) confirms a broad interpretation of the term ‘evocation’ with regard to GIs in relation to names of sprits; the ‘ados’ in ‘Verlados’ evokes the word ‘Calvados’, a drink name protected under the GI Regulation, making its alluding use unlawful under EU law.

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"Balsamico" is the taste of Modena and Reggio Emilia only

The use in the course of trade of the denominations ‘Balsamico’ and ‘Aceto Balsamico’ in connection with vinegar-based products, other than those protected under the geographical indication ‘Aceto Balsamico di Modena’ (protected geographical indication (PGI)), is an evocation of such registered geographical indication. Therefore, the use of a component of a registered name for a geographical indication can be prohibited even when such component is not protected on its own insofar as it creates a misleading association with the protected geographical indication in the minds of consumers.

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The storm over a teacup: Hong Kong top court clarifies IP law

The Hong Kong Court of Final Appeal (HKCFA) clarified several key questions on Hong Kong intellectual property law, including the applicability of the United States approach of ‘dilution’ in the law of passing-off, and the proper construction and application of the Hong Kong Trade Marks Ordinance.

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