Posted in IP Law, Privacy

Netherlands: AP allows DFW’s processing of personal data for copyright infringement purposes

Dutch FilmWorks will be ableto collect and process perosnal data (like IP addresses) of copyright infringers.

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Posted in IP Law

China gets tough on commercial bribery, IP and commercial secrets infringements with significant fines under revised law: 5 key changes

Step-up by Cina on various legal matters from 1/1/2018:

  • Penalties are increased in case of  IP infringiments, briberies, misappropriation of commercial secrets, false/misleading advertisine,, lotteris, raffles, damage to biz reputation, fraud on internet and more,
  • Commerical briery’s definition has been widened,
  • New laws have been added to counter internet frauds,
  • Trade secrets have been colstered in protection, and
  • misleading trade names are also sanctioned

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Posted in IP Law

Can a TV show format acquire copyright protection?

Yes, provided the requirements set out in Green v New Zealand Broadcasting Corporation [1989] 2 All ER 1056 are respected, aka as a minimum:

(i) there are a number of clearly identified features which, taken together, distinguish the show in question from others of a similar type; and

(ii) that those distinguishing features are connected with each other in a coherent framework which can be repeatedly applied so as to enable the show to be reproduced in recognisable form.”

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Posted in IP Law

Scope of protection of descriptive trade names

The Netherlands, an interesting IP case.

The plaintiff traded under the name Parfumswinkel and its customers got confused by the website Parfumswebwinkel.

Unfortunately for the defendant, Dutch IP law covers trade names as well. Yet, is it possible to argue that the name is not descriptive and therefore doesn’t deserve protection?
This is a grey area under Dutch law, but protection is generally afforded (contrary to Law).

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Posted in IP Law

Why China Is Still A Challenge for In-House IP Counsel

China and its endless debate on whether its protection afforded to IP law is sufficient or not.

Did you know that:

  • despite several bespoke courts set up for such disputes, damages are often very low ($50k as an example, even when disputing with big multinationals).
  • China holds several IP appeal venues, while a unified one would best suit the purpose.
  • the aggressive bogus trademark requests are faced by outnumbeed and poorly equipped staff.
  • one of the conditions to enter Chinese market is to have the IP managed and owned by a Chinese subsidiary

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Posted in IP Law

Nederland kritisch over voorstel EC om user-generated content te laten filteren door hostingproviders

The new copyright directive will require content hosters to automatically remove IP-breaching content (N.B. youtube does it already). Despite the initial claim that this automation would be too burdensome, all the US tech-titans manged to apply this check and have it coutnerbalance by objections of the content-owner.

TheNetherlads is currently opposing such a system, since the appeal process may take a long time, therefore voiding the content of the immediate importance that it may have on a given day.

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