Intellectual Propertylegal & regulatory updates

Ethiopian Intellectual Property Authority: EIPA Revises Copyright Laws to Combat Online Piracy

The Ethiopian Intellectual Property Authority (EIPA) is revising the country’s copyright laws to strengthen enforcement against digital piracy and better protect creators as infringement on online platforms surges alongside internet use. The move comes amid a significant increase in online copyright infringement, with officials citing the need for updated legislation to address emerging challenges. The revisions aim to tighten enforcement mechanisms and provide more effective protection for creators, particularly in the digital sphere. This development is significant for practitioners, as it highlights the growing importance of addressing online copyright infringement in Ethiopia. The amendments are being developed in collaboration with legal experts, indicating a commitment to ensuring that the revised laws are grounded in sound legal principles. The Copyright and Neighboring Rights Protection Proclamation No. 410/2004 will be amended to reflect changes in the digital landscape. This legislation has been in place since 2004 and has undergone revisions over the years. The current amendments aim to address emerging challenges, such as online piracy, and provide more effective protection for creators. The key parties involved in this development are the EIPA officials, legal experts, and stakeholders in the creative industry. Practitioners should monitor the progress of these revisions closely, as they will have a significant impact on the enforcement of copyright laws in Ethiopia. The revised legislation is expected to provide more effective protection for creators and tighten enforcement mechanisms against digital piracy.

Delhi High Court: OpenAI's ChatGPT Training Data Not Infringing Copyright

Delhi High Court declined to grant ANI Media an interim injunction against OpenAI, holding that LLM training falls under 'private or personal use, including research'. Court's reasoning on territorial jurisdiction and fair dealing may shape how Indian courts approach copyright disputes involving lar

Court of Appeal England Wales: JJH Enterprises v Microsoft EU Copyright Exhaustion

The Court of Appeal of England and Wales recently issued a judgment in JJH Enterprises Limited v Microsoft Corporation, which has implications for the concept of copyright exhaustion. This development is significant because it highlights the ongoing debate surrounding the scope of copyright protection. The court's ruling may have far-reaching consequences for businesses and individuals involved in the distribution and sale of copyrighted materials. Practitioners should be aware that this decision may influence future cases related to copyright exhaustion, particularly in the context of digital rights management. The relevant statutes and regulations governing copyright law in England and Wales include the Copyright, Designs and Patents Act 1988 (CDPA) and the EU's Copyright Directive. The Court of Appeal's judgment is likely to be considered in conjunction with these legislative frameworks when interpreting the scope of copyright protection. JJH Enterprises Limited v Microsoft Corporation may also be seen as a precursor to future cases involving digital rights management, which could have implications for the music and film industries. Practitioners should monitor this development closely, particularly those involved in the distribution and sale of copyrighted materials. The outcome of this matter is not yet reported, but its potential impact on copyright law makes it an important case to follow.

Kenya Ministry of Investments: Final Draft National Intellectual Property Policy Complete

Kenya could soon have an intellectual property policy in place after two previous attempts to establish the plan failed, following the conclusion of public participation on the Draft National Intellectual Property Policy conducted by the Ministry of Investments, Trade and Industry, the Anti-Counterfeit Authority (ACA), the Kenya Industrial Property Institute (KIPI), and the Kenya Plant Health Inspectorate Service (Kephis). The legal significance of this development lies in its potential to provide a clear framework for the protection and enforcement of intellectual property rights in Kenya. A national IP policy would help to clarify the government's stance on issues such as patent and trademark registration, copyright protection, and trade secret laws, thereby providing businesses and innovators with greater certainty and predictability. The relevant statutes and regulations involved in this development include the Industrial Property Act, 2012, the Copyright Act, 2003, and the Trade Marks Act, 2012. The Kenya Industrial Property Institute (KIPI) is responsible for administering patent and trademark registrations, while the Anti-Counterfeit Authority (ACA) focuses on combating counterfeiting and piracy. The key parties involved in this development are the Ministry of Investments, Trade and Industry, the ACA, KIPI, and Kephis. Practitioners should monitor the progress of the draft policy and be prepared to provide input or advice as necessary. Businesses and innovators should also be aware of the potential benefits and implications of a national IP policy for their operations and investments in Kenya. Practitioner takeaway: Attorneys and businesses should stay informed about the development of the draft National Intellectual Property Policy and be prepared to adapt their strategies and practices accordingly.

US Courts Tackle Admissibility of AI-Generated Evidence

Delhi HC Seeks Patent Office Response to DABUS Inventor Plea

TMOB Expunges Moosehead Breweries' Lager Beer Trademark

In a recent decision, the Trademarks Opposition Board ordered the expungement of Moosehead Breweries Limited's trademark for lager beer under section 45 of the Trademarks Act, 1985. The order also amended three other trademark registrations owned by the brewery. The legal significance of this matter lies in its impact on intellectual property law and the requirements for maintaining trademark registrations. Practitioners should note that the decision highlights the importance of demonstrating use of a mark within the relevant period to maintain registration. Failure to do so can result in expungement, as seen in this case. The legal context of this matter involves section 45 of the Trademarks Act, which allows for the expungement of trademark registrations where the owner has not used the mark within the relevant period. The decision also references sections 63(3) and 45 of the Act, which relate to the requirements for maintaining trademark registrations. The key parties involved in this matter are Moosehead Breweries Limited, the owner of the expunged trademark, and 14095863 Canada Inc., the applicant who requested the expungement. The Trademarks Opposition Board is also a critical party, as it made the decision to expunge the trademark. Practitioners should take note that this decision emphasizes the importance of maintaining accurate records of use for trademark registrations. Attorneys and businesses should ensure that they have sufficient evidence of use within the relevant period to avoid similar consequences.

Delhi High Court Orders Takedown of Derogatory Yuvraj Singh Content

The Delhi High Court on Wednesday directed the takedown of online content flagged as violating the personality rights of former Indian cricketer Yuvraj Singh. This order is significant for practitioners and businesses dealing with online content, as it highlights the importance of respecting individuals' personality rights in the digital age. The legal context of this case involves the Delhi High Court's jurisdiction over matters related to personality rights under the Indian law. The court's order was passed on a suit filed by Singh seeking protection of his personality rights and removal of online content found violating these rights. The court clarified that it would not issue a blanket direction covering future content at this stage, but rather direct the takedown of specific URLs identified in the suit. The key parties involved in this case are Yuvraj Singh, the Delhi High Court, and the individuals who uploaded the derogatory content on social media platforms. Practitioners should note that this order emphasizes the need for online intermediaries to remove infringing content upon receiving a notice from the rights holder. Businesses dealing with online content should also be aware of their obligations under Indian law to respect individuals' personality rights. Practitioner takeaway: Attorneys and businesses should monitor this development and ensure compliance with Indian law regarding online content and personality rights. They should also be prepared to respond to notices from rights holders and remove infringing content in a timely manner.

Swedish Court Ruling on Journalism Exceptions EU GDPR

In Sweden, Legal Newsdesk was sued by ND for failing to remove their criminal offense data from a database under GDPR rules. The case raises questions about the balance between freedom of expression and data protection rights in the EU. The Swedish law at issue provides broad protections and exemptions for journalism, but its compatibility with the General Data Protection Regulation (GDPR) is unclear. This judgment has significant implications for media outlets and individuals operating within the EU's jurisdiction. The relevant statutes and regulations involved include the GDPR, which sets a high standard for data protection across the EU. The Swedish law in question appears to exempt journalism from certain GDPR provisions, but its compatibility with the regulation remains uncertain. The court hierarchy involved is that of the European Court of Justice (ECJ), which has jurisdiction over matters related to EU law and regulations. The key parties involved are Legal Newsdesk Sweden, ND, and the relevant Swedish authorities. Practitioners should monitor this case closely as it may set a precedent for how media outlets handle sensitive information within the EU's data protection framework.