Intellectual Property and Entertainment Law Publications

Intellectual Property and Entertainment Law Committee Publications

The Intellectual Property and Entertainment Law Committee publishes a variety of interesting articles and other content of relevance to the practice area. Some items are only available to Committee members via logging in after clicking on the item. Forgotten login details?

Looking for conference papers? If you attended the conference, access them via this link or if you did not attend, use the IBA shop.

Contact publications@int-bar.org if you need assistance.

Back to Committee homepage
Message from the Co-Chairs, October 2018

A message from the Co-Chairs of the Intellectual Property and Entertainment Law Committee.
Entertainment industry: prospective use of blockchain for IP protection and smart contracts and potential set up of new networks

Blockchain technology is currently perceived as a revolution which could renew our vision of business by changing the relationship between individuals to enhance transparency, trust and rapidity. While blockchain firstly affected the financial sector, its scope has been expanding to other markets there is a relative consensus that blockchain could have an important impact on the music and film industries. This article aims to give a brief overview of the ins and outs of blockchain technology.
The fashion industry and new provisions of Turkish Industrial Property Code regarding protection of unregistered design rights

The fashion industry is constantly changing, yet the manufacturing process changes even faster. As the duration of the processing in which a product is manufactured and offered to consumers becomes much shorter, the copying of designs also becomes more convenient and common. As per the new regulation in Turkey, unregistered designs may be protected for three years upon their presentation to the public. Fashion industry is expected to be affected the most from this new regulation.
Industrial property and arbitration in Portugal

Arbitration is a relatively recent alternative dispute resolution method in industrial property in Portugal. It was only when the current 2003 Industrial Property Code was approved and subsequently amended that arbitration was expressly instituted as a dispute resolution method for industrial property rights. This article looks how it is in the field of disputes relating to patents that protect pharmaceutical compounds, pharmaceutical compound manufacturing processes, or formulations or dosages of medicines that the influence of arbitration as a form of dispute resolution makes itself felt.
Copyright infringement exceptions for satire and parody: a balancing act

New Zealand’s copyright regime currently makes no specific exception for parody or satire. A private member’s bill has been introduced to parliament with the aim of amending the Copyright Act 1994 to include an exception for parody and satire, and in so doing, better aligning New Zealand’s copyright regime with those of similar regimes. However, as parody and satire must still be part of a criticism or review to benefit from the exception, the amendment falls short of its intended purposes, fails to fully align New Zealand law with other regimes and does not provide an exception to a breach of moral rights.
Combatting the online infringement of trademark and copyright in Thailand

Nowadays, online infringement of trademark and copyright is a global issues. The internet has created opportunity for intellectual property infringing activities to take place more easily and brought significant challenges to business owners to protect and enforce their intellectual property rights. Thailand is one of the countries where counterfeit and pirated goods are easily found and more trademark and copyright infringement is shifting to online venues. Although a few new laws have been enacted, it is still very difficult to regulate.
Madrid Protocol in Thailand

After a very long wait, on 7 November 2017, Thailand finally effectively acceded to the Madrid Protocol (MP). The Trademark Act, B.E. 2534 (1991), as amended by the Trademark Act (No.2) B.E. 2543 (2000) and the Trademark Act (No. 3) B.E. 2559 (2016), was amended in 2016 to include the much anticipated acceding to the MP. The concept of the filing and registration through MP is pretty much the same as any other MP member countries.
All's Fair use in song and games? A multijurisdictional discussion on fair use exceptions in the gaming, music and online market

This session looked at balancing the rights of owners of copyright works and trademarks with the rights of the people who use them to create new material. Visual presentations illustrated the concept of fair use.
Branding strategies and use of image licensing/sponsorship in the sports and entertainment industries

In this session, speakers with different backgrounds in sport and the entertainment industry discussed the protection of image rights and names of celebrities and athletes, and the challenges it poses.
IP and employees: how to enhance creativity and ensure protection

This session focused on intellectual property rights and the protection of confidential information in employment relationships.
Message from the Co-Chairs, May 2018

A message from the Co-Chairs of the Intellectual Property and Entertainment Law Committee.
And the Oscar goes to… inclusion riders

In her Oscar acceptance speech Frances McDormand introduced the notion 'inclusion riders' to the wider public. This is the idea that actors can negotiate into their contract a clause to ensure that casting and production staff meet certain levels of diversity on gender, race and disability.
Morals clauses: the corporate ejection seat

Celebrities can generate huge amounts of revenue through endorsement deals. This can be a win-win situation for both the brand and celebrity when they are at the height of their popularity, but what can companies do to protect their reputation if the celebrity they've endorsed falls from grace?
Wish to synchronise music and images? Don’t rely on the Collecting Society and turn to the music rightsholder!

A look at the copyright issues surrounding the use of music in TV and films in the case involving SMP, RAI Radiotelevisione Italia and Fremantle which was brought before the Italian Supreme Court in December 2017.
‘I see a boat on a river’: the copying of vehicular shapes

The protection of shapes is a controversial issue, particularly in statutory trademark law, because the shape is seen as a mere adjunct to the trademark. The issue has also featured in the common law of South Africa in terms of passing off. This article looks at relevant case law in the US and Germany.
An innocent abroad: a successful recovery of trademark rights in China

The spectre of trademarks pirated by unscrupulous Chinese actors is well-known. A growing counter narrative is increased respect and protection for IP by Chinese courts and institutions. This article highlights a case involving an American company that recently succeeded in clawing back trademark rights from multiple trademark pirates.
Trademark enforcement and protection systems

Registration of trademark may be the easiest part, the difficulty is in the enforcement. Thailand is moving fast in this area and coming up with new ways to combat counterfeit products in the market. The introduction of the Intellectual Property (IP) Rights Recordation System is being well received and showing signs of being effective.
Compulsory-use licences in cases of pharmaceutical patents

Patents are exclusive rights granted by the state on a product. However, today pharmaceutical patents have become an obstacle to the health right and to access to medicines. This situation is affecting developing countries, where the disadvantage of granting a pharmaceutical patent is a monopolistic obstacle opposed to free competition.
The implications of EPO opposition proceedings on enforcement and validity actions in Turkey

Ever since Turkey became a member to European Patent Convention, the enforcement of the Turkish validation of a European Patent, while proceedings before European Patent Office are pending, has been a hot topic. This article looks at IP law in Turkey in light of the law that came into force in January 2017.
The rise of predictive justice: what are the teachings of the statistical analysis of trademark litigation in France?

De Gaulle Fleurance et associé have developed LitiMark, a statistical analysis tool for civil trademark litigation in France. This tool provides an interesting overall insight and this article shares some of LitiMark's findings.
The Olympic Chart

A look beyond the main events and the medal table at how much the Olympics is worth as an advertising platform and what the economic advantages are of being part of the Olympic Movement.
The Copyright (Amendment) Bill, 2017: a welcome relief for copyright holders in Kenya

A look at the bill, currently being debated in Parliament, which establishes the Kenya Copyright Board, whose main mandate is to ensure the protection of all works eligible for protection under the Act.
Catching up with Argentina's latest changes in IP legislation

Following an emergency decree issued by the President of Argentina on 10 January 2018, the government is pursuing major reforms in order to open up the country to the world again.
A question of morality - branding strategies session, IBA Annual Conference, October 2017

This article from the Daily News publication at the IBA Annual Conference 2017 in Sydney reports on the committee's branding strategies in sports and entertainment session held on Wednesday 11 October. 'Athletes are only human, but for star sportsmen and women, a moral breach could mean a huge loss of earnings if image rights are tied to a brand and their compensation decreases in proportion with the severity of a scandal...' 
Intellectual Property and Entertainment Law Update, October 2017

The Committee presents a selection of articles on some of the latest IP and entertainment law developments worldwide covering, for example, patent utility, performers’ rights, online privacy, logo trademarks, and IP law in post-Brexit Britain. Click here to download.
Intellectual Property and Entertainment Law Committee update - June 2017

Articles from global jurisdictions on key issues around data protection, privacy, trademark and patents, plus a preview of the Committee's sessions at the IBA Annual Conference in Sydney. Click here to download.
Intellectual Property and Entertainment Law Committee Newsletter, September 2016

The latest edition of the Committee's newsletter is now available to download. This newsletter addresses a wide array of topics including articles on the counterfeiting criminal cases in Italy, the issues of ambush marketing in the Olympic Games in Brazil and online gambling in Japan as well as survey questionnaire's with three of our members.
Intellectual Property and Entertainment Law Committee Newsletter, June 2016

Download the Intellectual Property and Entertainment Law Committee Newsletter, June 2016, featuring articles on...(PDF download, members will need to login using their IBA username and password)
Privacy and data protection: recent developments in Brazil - Intellectual Property & Entertainment Law, December 2015
By Fábio Pereira
Privacy and data protection has become a hot topic over the past few years. States, companies and individuals are more and more concerned and careful with how their data – private or professional – is collected, handled, stored and transferred.
Intellectual Property and Entertainment Law Committee Newsletter, December 2015

Download the Intellectual Property and Entertainment Law Committee Newsletter, December 2015, featuring articles on...(PDF download, members will need to login using their IBA username and password)
A petal on appeal: the Interflora and Marks and Spencer appeal - Intellectual Property/Entertainment Law Committee, October 2015
By: Jane Bourke
This article looks at the series of cases in the ongoing litigation between Interflora and Marks and Spencer (M&S), focusing on the recent appeal. In particular, it will examine the interpretation of Articles 5 (1) and 5 (2) of the European Trade Mark Directive 89/104 in relation to keyword advertising.
Intellectual Property and Entertainment Law Committee Newsletter, September 2015

Download the Intellectual Property and Entertainment Law Committee Newsletter, September 2015, featuring articles on domain names in Argentina, an attack on software patents in the United States and a new cyberbullying law passed in New Zealand… (PDF download, members will need to login using their IBA username and password)
IP & Entertainment Law newsletter, September 2014

Download the IP & Entertainment Law Committee Newsletter, September 2014, featuring articles on... (PDF download, members will need to login using their IBA username and password)
IP & Entertainment Law newsletter, September 2013

Download the IP & Entertainment Law Committee Newsletter, September 2013, featuring articles on... (PDF download, members will need to login using their IBA username and password)
IP & Entertainment Law newsletter, September 2012

Download the IP & Entertainment Law Committee Newsletter, September 2012, featuring articles on... (PDF download, members will need to login using their IBA username and password)
IP & Entertainment Law newsletter, October 2011

Download the IP & Entertainment Law Committee Newsletter, October 2011, featuring articles on... (PDF download, members will need to login using their IBA username and password)
Convergence

Convergence is the publication of the Intellectual Property, Communications and Technology Section of the IBA. It provides current and incisive analysis of developments in the areas of information technology, intellectual property, media, the law relating to arts and culture, communications and outer space law.