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Legal Intelligence · Intellectual Property

Intellectual Property legal & regulatory updates

Briefly tracks intellectual property developments — court rulings, legislation, gazette notices, and regulatory updates — from courts and regulators. 33 updates tracked in the past 30 days, last updated 8 Aug.

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Legal News
India
Case Law

Calcutta High Court: Hotels Need Licence for Music on Hotel TVs

Hotels in India must obtain a copyright licence for music played through TVs in rooms. Providing cable television is considered a commercial amenity under the Copyright Act, 1957.

8 Aug
India
Case Law

Supreme Court: No KENT Trademark Infringement Relief for Kent RO

The Supreme Court refused to let Kent RO Systems Limited sell fans under the trademark 'KENT' due to a trademark dispute with Kent Cables. Kent Cables claimed that it adopted the KENT mark in 1984 for insulated wires, cables, and electrical components and obtained trademark registration in 1986.

7 Aug
India
Case Law

Delhi High Court Orders Takedown of Derogatory PhysicsWallah Founder Content

The Delhi High Court has ordered the takedown of several websites and social media content flagged as obscene, derogatory, and involving unauthorized commercial use of Alakh Pandey's personality traits. Pandey's image and likeness were used to create Telegram stickers that were being sold for commer

5 Aug
Nigeria
Case Law

Lagos High Court: X Corp Ordered to Unmask Parody Account in Nigeria

The High Court of Lagos State, Ikorodu Judicial Division, has ordered X Corp to disclose the identity of an anonymous parody account operator within 14 days or pay N50 million in general damages. This ruling marks a significant development in Nigeria's digital landscape, where social media platforms have been grappling with issues of accountability and platform responsibility. The legal significance of this judgment lies in its implications for digital privacy and freedom of expression. The court's order to unmask the parody account operator raises questions about the balance between individual rights and corporate responsibilities. Practitioners should note that this ruling may set a precedent for future cases involving social media platforms and their obligations to users. The relevant statutes and regulations involved in this case are likely the Cybercrimes Act 2015, which governs online activities in Nigeria, and the Lagos State High Court's rules of procedure. The court hierarchy in Nigeria is structured with the Supreme Court at the apex, followed by the Court of Appeal, and then the High Courts, including the Lagos State High Court. The key parties involved in this case are X Corp, the social media platform ordered to disclose the identity of the parody account operator, and the anonymous user who was awarded N20 million over a manipulated post. Practitioners should monitor this development closely, as it may have implications for their clients' online activities and obligations.

4 Aug
European Union
Case Law

EU General Court: Specific Illustrations Key to EU Design Patent Relevance

Invalidity applicants relying on patent specifications to attack the validity of an EU design should take note: only the specific illustrations actually relied upon as “earlier designs” are relevant to the assessment of individual character, not the wider patent disclosure surrounding them. This is the key lesson from the General Court’s judgment in a recent case. The General Court's ruling has significant implications for practitioners handling EU design invalidity proceedings. The court's decision highlights the importance of carefully selecting and relying on specific illustrations when attacking the validity of an EU design. Practitioners should be aware that merely referencing the patent specification as a whole will not suffice, and only the specifically relied-upon illustrations will be considered. The General Court's judgment is based on the relevant provisions of the EU's Community Design Regulation (CDR) and the case law of the European Court of Justice (ECJ). The CDR sets out the rules for the assessment of individual character in design invalidity proceedings, while the ECJ has established precedents on the interpretation of these provisions. Practitioners should be familiar with these regulatory frameworks to provide effective advice to clients.

4 Aug
Australia
Case Law

Australian Court: AI Training Licenses Must Be Contractually Explicit

AI has evolved from a 'talking point' to a live contractual issue in Australia. Clients are demanding that contracts explicitly address how their IP will be utilized for training AI models.

3 Aug
Ethiopia
Legal News

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.

1 Aug
India
Case Law

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

1 Aug
European Union
Case Law

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.

31 Jul

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IndiaNigeriaEuropean UnionEthiopiaKenyaUnited StatesCanadaMalawiNamibiaGhanaSouth Africa

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