Litigation/Dispute Resolution and Copyright©2018 Managing Intellectual Property60Litigation/Dispute Resolution and CopyrightIP Corporate Strategy - A glimpse into the futureSpeakers at the Managing IP Corporate Strategy Summit discussed issues pertinent to in-house counsel, including new ways to exploit IP assets, managing business risk, influencing policy and resolving disputes. Sanjana Kapila reports, 16 Nov 2018 10:00:00 GMTCJEU: Taste of food cannot have copyright protectionThe EU’s highest court ruled that the taste of a Dutch cheese called Heks’nkaas cannot be considered a copyrightable ‘work’ because it is subjective, 13 Nov 2018 09:45:00 GMTAn Indian perspective on intermediaries and safe harboursRajendra Kumar and Deepak Gogia of K&S Partners examine when internet service providers are liable for infringement of intellectual property and when they are protected by safe harbours, 31 Oct 2018 05:45:00 GMTRevisiting Star Athletica’s impact on copyrightMeaghan Kent of Venable assesses highlights from the past year in copyright, including the influence of the Supreme Court’s Star Athletica ruling, enforcement of rights by photographers, and graffiti disputes, 31 Oct 2018 01:30:00 GMTOut of DMCA safe harbours, into choppy watersTwo recent cases have highlighted the gray areas of DMCA safe harbour rules, with one observer predicting “choppy waters for some time”, 30 Oct 2018 01:45:00 GMTAG opinion: military records should not be copyrightableA top adviser to the Court of Justice of the EU has advised the court to rule that a simple military report cannot be protected by copyright, 25 Oct 2018 17:45:00 GMTChina contemplates IP appeals courtIP practitioners in China are concerned about the high volume of cases the proposed court would need to handle, 25 Oct 2018 14:45:00 GMTUS government backs registration approach in SCOTUS copyright caseAmicus brief in Fourth Estate v urges the Supreme Court to affirm the appeal court’s decision, which favoured the registration approach in copyright infringement litigation, 23 Oct 2018 15:30:00 GMTLed Zeppelin ruling may help plaintiffs in other music copyright suitsThe Ninth Circuit’s Stairway to Heaven opinion has already been cited in an Ed Sheeran dispute. Copyright practitioners discuss its impact and issues to watch in the retrial, 19 Oct 2018 17:45:00 GMTGreece: Compulsory mediation restricts access to justice, 19 Oct 2018 10:00:00 GMTCJEU rules that family life does not trump copyright protectionThe owner of an internet connection used for copyright infringement through file-sharing cannot escape liability by naming a family member who may have used the connection, the CJEU holds, 18 Oct 2018 18:30:00 GMTProtecting the intellectual property of jewellery designsDyan Finguerra-DuCharme and Giovanna Marchese explore the circumstances under which jewellery may qualify for protection under US copyright and trade mark laws and discuss the shortcomings associated with each, 18 Oct 2018 05:15:00 GMTWho are the most influential people in IP? Have your say!Managing IP is compiling its list of the 50 most influential people in intellectual property. Who do you think should be included?, 18 Oct 2018 01:45:00 GMT9th Circuit Led Zeppelin ruling introduces new copyright infringement frameworkThe Ninth Circuit’s Stairway to Heaven decision on September 28 offers a better application of the inverse ratio rule, according to one observer, 17 Oct 2018 00:45:00 GMTTools for advancing women in the legal professionThe IPO’s Women in IP Committee has developed a collection of work products encouraging the retention and advancement of women in the legal profession, 11 Oct 2018 22:15:00 GMTHow will US Supreme Court define “full costs” in copyright cases?In Rimini Street v Oracle, the definition of “full costs” awarded to prevailing parties by the Copyright Act is disputed. IP practitioners weigh in on whether the court will decide it includes only taxable costs or non-taxable costs as well, 04 Oct 2018 21:30:00 GMT“Caving to US”, “sad capitulation”, “net loss” – How the USMCA will affect Canadian IPThe USMCA includes provisions for Canadian IP that extend protection for biologics and copyright, exporting what some observers see as the worst of US IP law to its northern neighbour, 03 Oct 2018 17:45:00 GMTHow the Music Modernization Act changes US copyright lawThe Act’s provisions, most controversial aspects and differences between the House and Senate versions examined, 02 Oct 2018 19:00:00 GMTThe weakest link for copyright? Comparing US and Europe linking casesIn recent years, courts on both sides of the Atlantic have struggled to balance copyright owners’ rights and internet users’ freedom of information and expression in the context of linking, 01 Oct 2018 21:15:00 GMTUS Supreme Court takes on “full costs” copyright caseThe question in Rimini Street v Oracle is whether the Copyright Act's allowance of "full costs" to a prevailing party is limited to taxable costs or also authorises non-taxable costs, 27 Sep 2018 20:00:00 GMTGerman court refers second platform liability case to CJEUOne week after sending its YouTube case for a preliminary ruling, the German Federal Court of Justice has referred another matter to the CJEU to determine whether a second content-hosting platform is directly liable for copyright infringement, 27 Sep 2018 11:00:00 GMTCanadian Supreme Court rules ISPs can charge some costs of identifying illegal downloadersISPs’ obligations in tackling illegal downloading have been clarified in Rogers Communications v Voltage Pictures. They can charge copyright holders for some steps in identifying suspected customers but not those costs incurred under the notice and notice regime, 14 Sep 2018 23:15:00 GMTGerman Supreme Court refers questions to CJEU in YouTube copyright caseThe questions to the CJEU concern whether YouTube has primary liability for videos uploaded without the permission of right holders, with the German judges also suggesting the platform acts as a neutral intermediary for the purposes of copyright, 13 Sep 2018 22:15:00 GMTIP STARS 2019 research has begunResearch for the 2019 edition of Managing Intellectual Property IP STARS is now underway, starting with a survey of firms, 05 Sep 2018 16:30:00 GMTFederal Circuit denies Oracle v Google en banc rehearingGoogle has already said it will appeal to the Supreme Court in the latest development in the dispute over unauthorised use of 37 packages of Oracle’s Java application programming interface, 29 Aug 2018 09:00:00 GMTBrexit no-deal could send cigarette packaging up in flamesThe UK government’s Brexit no-deal guidance has raised uncertainty over tobacco plain packaging that uses EU copyrighted images. IP practitioners say the potential disruption to UK cigarette companies will depend on the EU Commission’s attitude to its IP, 28 Aug 2018 17:00:00 GMTABS pre-1972 copyright case against CBS to be replayedA copy of the original analogue sound recording will rarely exhibit the necessary originality to qualify for independent copyright protection, writes Judge Richard Linn, sitting by designation, 21 Aug 2018 20:30:00 GMTCJEU gives clearer picture of copyright law in Cordoba caseCopying work onto a server and uploading it is deemed “communication to the public" in a decision that also distinguishes between hyperlinking and posting online under copyright law, 08 Aug 2018 14:15:00 GMTArista to pay Cisco $400m patent and copyright settlementThe parties agree “that, with limited exceptions, no new litigation will be brought over patents or copyrights related to existing products, for five years”, 08 Aug 2018 02:00:00 GMTGerman court rejects ICANN’s injunction requestIn a ruling that leaves unanswered questions about right holders’ future ability to enforce online, ICANN’S request for a preliminary injunction to make one of its registrars collect data on new registrants has been denied, 06 Aug 2018 17:00:00 GMT