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Copyright protection of design: approach of Italian courts and Italian law after ECJ’s decision in Flos vs Semeraro

  • Portolano Cavallo Studio Legale
  • -
  • European Union, Italy
  • -
  • October 16 2012

The manufacture and marketing of products which slavishly imitate the stylistic and aesthetic features of pieces of Italian design has been the subject of recent Italian Courts’ decisions aimed at the protection and valorization of the Italian industrial design through the enforcement of copyright protection

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Protecting of works of applied art under Chinese judicial practice

  • King & Wood Mallesons
  • -
  • China
  • -
  • November 16 2012

Under Chinese law, the term “works of applied art” originates from the Berne Convention for the Protection of Literary and Artistic Works (the “Berne Convention”), in which Article 2 and Article 7 state that all signatory countries should give at least a 25-year protection to works of applied art.

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Protecting of works of applied art under Chinese judicial practice

  • King & Wood Mallesons
  • -
  • China
  • -
  • October 31 2012

Under Chinese law, the term "works of applied art" originates from the Berne Convention for the Protection of Literary and Artistic Works (the "Berne Convention"), in which Article 2 and Article 7 state that all signatory countries should give at least a 25-year protection to works of applied art.

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When copyrights and patents collide

  • Olivares & Cía
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  • Mexico
  • -
  • November 21 2012

Let us begin with a few definitions.

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European jurisprudence and its impact on copyright protection

  • Latham & Watkins LLP
  • -
  • European Union, United Kingdom
  • -
  • March 20 2013

For nearly a century, intellectual property lawyers in England & Wales were confident in their understanding of the requirements for the subsistence

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Le Corbusier furniture is eligible for copyright protection

  • Hogan Lovells
  • -
  • Italy
  • -
  • October 25 2011

The Court of Milan says it straight and loud: design works are eligible for protection as copyrighted works, even if they have never been registered under design law.

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Software protection in Thailand

  • Tilleke & Gibbins
  • -
  • Thailand
  • -
  • June 22 2012

In Thailand, the principal source of law relating to copyright is the Copyright Act B.E. 2537 (1994) (the Copyright Act).

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What is a "sculpture" for copyright purposes?

  • Cassels Brock & Blackwell LLP
  • -
  • Canada, United Kingdom
  • -
  • March 25 2010

A recent decision of the English Court of Appeal considered the meaning of the term "sculpture" in a copyright context, as well as a conflict of law issue.

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UK copyright reforms designers will benefit but “replica” businesses will suffer

  • Squire Sanders
  • -
  • United Kingdom
  • -
  • August 29 2012

Businesses that import, manufacture or sell replica "classic" design products in the UK (be it furniture, lamps or something else) need to be aware of the government’s latest proposals to reform copyright law, which could result in them having entirely to rethink their existing business model.

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Entering the IP maze of 3D printing

  • Arthur Cox
  • -
  • Ireland
  • -
  • February 18 2013

3D printing is frequently viewed as a game changing technology that will revolutionise domestic computing and change the face of modern manufacturing

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Final draft of proposed PRC Copyright Law amendment released by NCAC

  • Wan Hui Da Intellectual Property Agency
  • -
  • China
  • -
  • January 7 2013

The third draft the PRC Copyright Law amendment was released and will be submitted to the State Council Legislative Affairs Office (SCLAO) for further

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Are you creating data? Then the database directive is (probably) not for you!

  • Wragge & Co LLP
  • -
  • European Union
  • -
  • March 21 2012

The Court of Justice of the European Union (CJEU) has provided guidance as to when copyright will subsist in a database under Directive 969EC (the Database Directive).

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Prior copyright claim in trademark opposition in China

  • Kangxin Partners PC
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  • China
  • -
  • December 7 2012

When looking at the topic, the first question people may ask is why copyright can be andor need be involved in a conflict purely between trademarks.

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The Arco lamp case the never-ending story of copyright protection for design works in Italy

  • Hogan Lovells
  • -
  • European Union, Italy
  • -
  • April 14 2011

The Court of Justice of the European Union (CJEU) issued a decision concerning copyright protection of the "Arco" lamp, a masterpiece of post-war Italian design created by Achille and Pier Giacomo Castiglioni and currently marketed by the Italian company Flos.

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3D printing: a design revolution; an IP nightmare?

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • June 14 2013

3D printing, otherwise known as "Additive Manufacturing", is set to transform the landscape in which businesses in the manufacturing and design based

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Lucasfilm v Ainsworth - a new hope for copyright clarity?

  • Wragge & Co LLP
  • -
  • United Kingdom
  • -
  • September 11 2008

The High Court has delivered a judgment covering a multitude of issues relating to alleged intellectual property rights in the Stormtrooper costumes used in the original Star Wars movie.

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Copyright protects the code of a computer program not its functionality or the ideas underlying the software

  • Dorsey & Whitney LLP
  • -
  • European Union, United Kingdom
  • -
  • May 15 2012

According to the recent decision of the Court of Justice of the European Union (“ECJ”) in SAS Institute Inc. (“SAS Institute”) v World Programming Ltd (“WPL”), the defendant did not infringe the claimant’s copyright by effectively reverse engineering the SAS software and writing a new program closely emulating the functionality of the SAS software.

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Star Wars in the Supreme Court

  • Wragge & Co LLP
  • -
  • United Kingdom
  • -
  • August 1 2011

A long, long time ago, in a decade far, far away (well - the early 1970s!), a young film maker (George Lucas) wanted the Imperial Stormtrooper characters he intended to appear in his first Star Wars film to wear "fascist white-armoured suits".

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Question and answer: do I need permission to use a photograph of public domain art?

  • Heenan Blaikie LLP
  • -
  • Canada
  • -
  • June 23 2011

Let's imagine someone wants to use a photograph of a very old painting in their movie or television show (or, what the heck, in a book) - under Canadian law, do they need permission from the photographer or other owner of the photograph?.

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Star Wars Episode IV: a new hope?

  • CMS Cameron McKenna
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  • United Kingdom
  • -
  • August 3 2011

The Supreme Court has handed down its very first Intellectual Property (IP)-related decision, ruling on a copyright infringement case with a five year heritage.

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Court of Appeal rules on Star Wars copyright dispute

  • Squire Sanders
  • -
  • United Kingdom
  • -
  • January 28 2010

In Lucasfilm v Andrew Ainsworth the Court of Appeal has ruled on various copyright issues including what constitutes a ‘sculpture’ within the Copyright Designs and Patents Act 1988 (CDPA) and whether US copyright can be directly enforced in the English courts.

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Rights to treasure

  • Heenan Blaikie LLP
  • -
  • Canada
  • -
  • September 8 2011

When art and function meet, sparks fly - especially in the world of jewellery design.

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