May 2019 | Dekuzu

Federal antitrust service drafted procedure for compulsory licensing

Published 21st May 2019

Russian federal antitrust service has drafted and published for public discussion the procedure providing compulsory licensing in medical industry. Actually the heading of procedure shows that the potential appliance of this procedure can go much beyond of medicine. “On procedure to make decision in the interests of defense and security, including gin order to protect citizens’ live and health, to exploit invention, utility model or industrial design without right holder’s consent and with payment to right holder respective remuneration”.

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How to choose between actual or statutory damages – simply inform the court

Published 20th May 2019

When Robert Smith (aka Bigg Robb) recorded his song Looking for a Country Girl, he probably was not looking for a legal battle, too. But Bernard Thomas (aka Bishop Bullwinkle) copied the beat from Smith’s song to make a new one – called Hell 2 Da Naw Naw – and suddenly became famous. Understandably upset at his work being copied, Smith informed Thomas of the issue and attempted to negotiate a resolution. When that failed, he sued and won.

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SWD Impact assessment on the modernisation of EU copyright rules – options for the use of protected content by online services

Published 19th May 2019

Baseline

No policy intervention. This option would rely on the voluntary deployment of technologies by user uploaded content services, which will continue to apply their own terms and level of transparency as to the functioning of the technologies.

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Third edition of USA copyright office compendium – publication issues of sound recordings for copyright registration purposes

Published 18th May 2019

For sound recordings, publication is the distribution of phonorecords of a work to the public by sale or other transfer of ownership or by rental, lease, or lending. Offering to distribute phonorecords to a group of persons for purposes of further distribution or public performance constitutes publication. A public performance of a sound recording does not, in and of itself, constitute publication.

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A trademark cannot be separated from the goodwill of a business

Published 16th May 2019

An attempt to simultaneously sell a restaurant and license associated intellectual property has led to ten years of litigation in state and federal court. Michael Shwartz and his family owned and operated the Camellia Grill restaurant on Carrollton Avenue (the “Carrollton restaurant”) for decades. He operated the business – the single restaurant – through a wholly owned corporation, Camellia Grill, Inc. In 1999, Shwartz formed CGH for the sole purpose of owning federally registered Camellia Grill trademarks.

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People don’t like the law on internet autonomy

Published 14th May 2019

This March some civil activists have organized the rally against new law on Russian internet autonomy. And as always the data about the quantity of people, who was there, are different. The police claims there were six and half thousand peoples, the civil activists claim there were 15 thousands. But the rally has been authorized by the local authorities. The rallies were in Moscow, Habarovsk and Voronezh, where the authorization has been not granted.

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Russian senators developed draft law on digital profile

Published 14th May 2019

According to the draft law the digital profile would be a platform where the different information and data on citizens are to be collected. The draft law also provides new definition – the electronic id. The main aim of the draft law is to adapt to digital environment in modern world and achieving purposes of relevant national agenda. The draft law provides main principles for regulation of person distance identification and authentication.

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Rutracker allows any internet user create own “MyRutracker”

Published 13th May 2019

Now, according to Rutracker you don’t need to use TOR, VPN or any other means to be anonymous in internet. Some Russian media resources even call Rutracker a “cultural portal”. Some right holders would not agree and would challenge such name.

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Russian ministry of culture proposed to examine being in demand of Russian artists

Published 8th May 2019

Sometimes Russian authorities proposed some things with the aim to build and improve the Russian market and economy. But the outcome of such proposal is often one step back to the Soviet Union. Quit recently the Russian Ministry of Culture has proposed to examine the being in demand of Russian artists in order to decide whether to extend the term of agreement or to conclude the new one.

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Russian writer believes Smeshariki (Kikoroki) are plagiarized from his works

Published 8th May 2019

One Russian writer has sued the creators of cartoons Smeshariki (Kukoriki) – popular Russian cartoon serial – for plagiarism. He believes the screenplays for certain series have been plagiarized from his literary works. And he knew it thanks to Siberian scientists. They have developed new system “anti-plagiarism” which revealed multiple rip off in cartoons.

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Month: May 2019