The Day the Music Stopped

The article highlights the devastating impact that the global Covid-19 pandemic has had on the live music industry and shows how this might be mitigated by embracing the newer forms of exploitation of copyright to bolster artists’ income streams.

Released on Aug 13, 2021

Arbitrating Intellectual Property Disputes in Nigeria: Lessons from Hong Kong and Singapore

Arbitration is now becoming globally recognised as the preferred method for resolving technology disputes. In this article, we examine the position in Nigeria, while considering the existing practices in Hong Kong and Singapore.

Released on Aug 13, 2021

Access to Vaccines is a Right, a Human Right!

The article considers accessibility to vaccines and health in general as a human right and in so doing looks at the rights enshrined in various treaties and declarations and Mexico’s Constitution in seeking to address a global rollout of vaccines.

Released on Aug 13, 2021

Everybody Needs Good Neighbours: Case 265/19 RAAP v PPI

This article provides a case summary of a recent CJEU decision on a dispute between Irish music performers, the collective management organisation and the Irish music producers’ organisation. The decision clarifies the extent of the right of performers to equitable remuneration with producers under Article 8(2) of Directive 2006/115/EC and its applicability to non-EEA performers.

Released on Aug 12, 2021

From the Editor – IP & Entertainment Law – August 2021

A letter from the Editor for the August 2021 Intellectual Property and Entertainment Law Committee eBulletin

Released on Aug 12, 2021

A Letter from the Co-Chairs for the August 2021 Intellectual Property and Entertainment Law Committee eBulletin

A letter from the Co-Chairs for the August 2021 Intellectual Property and Entertainment Law Committee eBulletin

Released on Aug 12, 2021

When 3-D Objects in Video Games Pose IP Challenges

Video games often include real-life 3D objects, particularly if the game is to be realistic. The trouble with real-life objects is that they may be protected by various intellectual property rights. Unless the right holder has consented to the real-life object being used in the game, the game’s developer or publisher risk infringing IP. The article discusses reported cases from the US and EU regarding in-game use of 3D objects.

Released on Aug 12, 2021

Portugal: Covid-19 Expropriation and Compulsory Patent Licensing

The article, in addressing compulsory patent licensing, looks at the constitutional protection afforded to industrial property rights in Portugal, the conflict between constitutional provisions and compulsory licensing and the principle of proportionality.

Released on Aug 12, 2021

Compulsory Licensing of Essential Drugs During the Covid-19 Pandemic

The article addresses the question of compulsory licensing of patents in India: whether it assists with supply, and potential adverse effects on innovation.

Released on Aug 12, 2021

Intellectual Property and Access to Vaccines During the Covid-19 Pandemic

The article provides insight into patents, why and where they are filed, how they are acquired and whether they can hinder access to vaccines.

Released on Aug 12, 2021

Decision regarding effective date of revocation of trade mark for non-use impacts on strategy

On 15 October 2020, the Supreme Court of New Zealand issued a decision discussing the interpretation of New Zealand’s Trade Marks Act 2002 (the ‘Act’) in International Consolidated Business Proprietary Limited v SC Johnson & Son Incorporated [2020] NZSC 110. The decision explored, in particular, the provisions relating to applications for revocation for non-use and the effect of revocation on subsequent applications for registration.

Some exceptions to patentability and the New Mexican Industrial Property Law

Some exceptions to patentability and the New Mexican Industrial Property Law.

Practical aspects of fast-track examination of patent applications in Brazil

Practical aspects of fast-track examination of patent applications in Brazil

The impact of Covid-19 on US patents and trademarks

For the past few months, many people have been faced with a new normal as many jurisdictions across the globe have implemented stay-at-home orders. Government institutions have attempted to adapt certain functions in response to the Coronavirus. For example, both the US Patent and Trademark Office (USPTO) and the US Court of Appeals for the Federal Circuit (CAFC) have modified their operations in response to the global pandemic.

The impact of the Covid-19 pandemic on copyright registration and the entertainment sector in the Philippines

The Philippines’ entertainment sector has, without doubt, been heavily hit by the outbreak of Covid-19, as the government’s imposed community quarantine measures have forced many sector stakeholders to suspend their business operations or, in the worst cases, close down. As the gradual reopening of the economy brings hope to the entertainment sector, its relevant stakeholders must remember that they cannot operate in the same way that they did before. They must now ensure compliance with the guidelines iss

The forgotten compulsory licences during the Covid-19 pandemic

On 24 March 2020, shortly after the World Health Organization (WHO) declared Covid-19 a pandemic, the Mexican President announced that Mexico had officially entered Phase 2 (local transmission) of the Covid-19 outbreak. New and additional social distancing measures were brought into force to help contain the spread of Covid-19 and ‘flatten the curve’.

Regulating the rapid switch to online working during a pandemic: an overview for the Philippines

Regulating the rapid switch to online working during a pandemic: an overview for the Philippines.

Compulsory patent licensing in the era of pandemic

When a business decides whether to compete in today’s world marketplace, it must consider the extent to which its ideas and designs will be protected from misappropriation. This can be especially true when a company invests heavily in developing a remedy, vaccine, or therapy during a pandemic.

Compulsory licensing in Panama

The Industrial Property law in Panama, which is barely 24 years old, was established by Law 35 of 1996, ‘which dictates disposition regarding Industrial Property’. This law contemplated the Bolar provision and uses for scientific and/or educational research purposes as flexibilities of the Patent Law.

Covid-19 and life sciences in Mexico

There is no doubt that Covid-19 has impacted almost every known aspect of life. Life sciences are no exception and have also been heavily impacted. Due to the ongoing health crisis, governments have (among other efforts) implemented measures expecting to curtail high rates of infection; tried to adapt the regulatory landscape to respond to the new virus; and continued to attend other illnesses.

Ecuador: patents, compulsory licences and the Covid-19

The Covid-19 sanitary emergency has challenged patent systems around the world, especially in developing countries. Ecuador is no exception. The new pandemic has highlighted the importance of an efficient and agile patent system that allows new medicines, vaccines and technology to be immediately available to the public and at the same time secures the rights of inventors through enforcement processes.

Compulsory licensing and ‘inventing’ for Covid-19

The Covid-19 pandemic has once again put compulsory licensing into the spotlight. However, strengthened compulsory licensing provisions may not motivate inventors to create the desired solutions. Understandably, most governments have panicked about providing fast and equal access to equipment such as ventilation machines, masks, goggles and, most importantly, pharmaceuticals.

Impact of Covid-19 on IP rights protection

In response to the growing number of Covid-19 cases in the Philippines, President Rodrigo Duterte declared a state of public health emergency on 9 March 2020, which was followed by a declaration placing the island of Luzon under enhanced community quarantine (ECQ) a week later.

Practical aspects of the prosecution of IP

The Covid-19 pandemic has had a great impact not only on public health and the economy, but also in the context of the prosecution of intellectual property rights. The operation of several intellectual property offices has been affected, delaying and sometimes even interrupting prosecution proceedings. Intellectual property rights holders have had their rights affected in favour of the public interest (especially in the context of compulsory licensing of Covid-19-related technologies).

Taiwan Intellectual Property Office establishes ‘TAIWAN IP Team’ and devises six strategies during Covid-19

As Covid-19 continues to cause devastation around the world, many countries are engaging in research and development (R&D), especially for test reagents, Therapeutic Drugs Treating Covid-19 and vaccines, in order to tackle intellectual property (IP) rights issues and address legal risk.

The legal implications of the coronavirus

As Covid-19 continues to spread, health anxieties have also developed worldwide. However, fears have not only been related to health: it appears that Covid-19 has also had great legal consequences. This article will focus on the legal implications of Covid-19 for the entertainment industry in Lebanon.

A brief analysis of price compliance

Since the beginning of the Covid-19 pandemic, markets have seen the panic buying of anti-epidemic products such as masks, disinfectants, disinfecting wipes and medical alcohol. The behaviour of merchants, marking up prices to make huge profits, has aroused wide concern from all walks of life.