Litigation/Dispute Resolution and Copyright©2018 Managing Intellectual Property60Litigation/Dispute Resolution and CopyrightCanadian Supreme Court rules ISPs can charge some costs of identifying illegal downloadersISPs’ obligations in tackling illegal downloading have been clarified in Rogers Communications v Voltage Pictures. They can charge copyright holders for some steps in identifying suspected customers but not those costs incurred under the notice and notice regime, 14 Sep 2018 23:15:00 GMTGerman Supreme Court refers questions to CJEU in YouTube copyright caseThe questions to the CJEU concern whether YouTube has primary liability for videos uploaded without the permission of right holders, with the German judges also suggesting the platform acts as a neutral intermediary for the purposes of copyright, 13 Sep 2018 22:15:00 GMTIP STARS 2019 research has begunResearch for the 2019 edition of Managing Intellectual Property IP STARS is now underway, starting with a survey of firms, 05 Sep 2018 16:30:00 GMTFederal Circuit denies Oracle v Google en banc rehearingGoogle has already said it will appeal to the Supreme Court in the latest development in the dispute over unauthorised use of 37 packages of Oracle’s Java application programming interface, 29 Aug 2018 09:00:00 GMTBrexit no-deal could send cigarette packaging up in flamesThe UK government’s Brexit no-deal guidance has raised uncertainty over tobacco plain packaging that uses EU copyrighted images. IP practitioners say the potential disruption to UK cigarette companies will depend on the EU Commission’s attitude to its IP, 28 Aug 2018 17:00:00 GMTABS pre-1972 copyright case against CBS to be replayedA copy of the original analogue sound recording will rarely exhibit the necessary originality to qualify for independent copyright protection, writes Judge Richard Linn, sitting by designation, 21 Aug 2018 20:30:00 GMTCJEU gives clearer picture of copyright law in Cordoba caseCopying work onto a server and uploading it is deemed “communication to the public" in a decision that also distinguishes between hyperlinking and posting online under copyright law, 08 Aug 2018 14:15:00 GMTArista to pay Cisco $400m patent and copyright settlementThe parties agree “that, with limited exceptions, no new litigation will be brought over patents or copyrights related to existing products, for five years”, 08 Aug 2018 02:00:00 GMTGerman court rejects ICANN’s injunction requestIn a ruling that leaves unanswered questions about right holders’ future ability to enforce online, ICANN’S request for a preliminary injunction to make one of its registrars collect data on new registrants has been denied, 06 Aug 2018 17:00:00 GMTCheese opinion could leave a bad taste for copyright lawCopyright flexibility throughout the EU could be seriously limited if the CJEU follows the Advocate General’s reasoning behind his opinion that taste should not be copyright protected. One lawyer describes it as the “right decision based on flawed logic”, 02 Aug 2018 20:30:00 GMTGet ready for a new UK disclosure menuThe judiciary in England and Wales has announced a pilot scheme for the new rules on disclosure that may affect intellectual property disputes, 02 Aug 2018 17:00:00 GMTTaste of cheese can’t be copyright protected: CJEU AGA top EU court adviser has recommended that the taste of cheese not be protected by copyright and that protection should only be applied to work that is seen or heard, 25 Jul 2018 15:30:00 GMTUEFA scores against ISPs againThe English High Court has extended a live blocking injunction for UEFA less than a week after it extended a similar order for the English Premier League. Other sports such as Formula One are tipped to follow suit, 25 Jul 2018 02:00:00 GMTEnglish Premier League scores copyright hat trick against ISPsThe English High Court has extended a live blocking injunction for the Football Association Premier League, showing that such injunctions are here to stay but adds nothing about who should pay for them, 20 Jul 2018 19:30:00 GMTThe copyright considerations of artificial intelligenceAI intersects with copyright in two ways: protecting AI software by registering the source code as a copyright and determining liability and ownership of AI-generated creative works, 18 Jul 2018 03:00:00 GMTUK copyright infringement falls among young consumersNew research suggests young people are infringing less and indicates that more people are paying for content, 11 Jul 2018 15:45:00 GMTEU Parliament to revisit copyright rules in September, after directive rejectedMEPs rejected a controversial committee proposal to begin negotiations to update copyright laws for the digital age, 09 Jul 2018 21:30:00 GMTHow the US Supreme Court is likely to rule in copyright registration caseSupreme Court in Fourth Estate v will consider whether parties can sue for copyright infringement when they have filed a registration application, or whether they must wait until their application has been evaluated and approved, 02 Jul 2018 17:00:00 GMTEU legal affairs committee adopts controversial copyright directiveThe draft includes controversial provisions set out in in articles 11 and 13 – also known as the press publishers right and value gap proposal – which were approved by small majorities, 20 Jun 2018 13:30:00 GMTEU digital copyright rule changes receive mixed receptionThe draft Directive on Copyright in the Digital Single Market was not supported by some countries and also provoked mixed reactions from the IP industry – particularly around Article 13, known as the value gap proposal, 12 Jun 2018 17:15:00 GMTWhat the German YouTube case could mean for copyrightDoes YouTube or the uploader make the act of public communication? The German Federal Court of Justice will decide, 16 May 2018 18:30:00 GMTCopyright changes in the UK after BrexitPatrick Wingrove asks UK practitioners how copyright will change after Brexit, and analyses the EU Commission's recent report on the subject, 08 May 2018 15:30:00 GMTThe Top 250 Women in IP (2018)Managing IP presents this year’s leading female intellectual property practitioners, according to IP STARS research, 26 Apr 2018 08:00:00 GMTNinth Circuit appeals court denies monkey’s copyright claimsBarring an en banc review or Supreme Court intervention, the three-year monkey selfie saga has come to a close, with the animal’s copyright claims denied, 26 Apr 2018 07:00:00 GMTGerman Supreme Court rules ad-blocking not unfair competitionThe German Federal Supreme Court has ruled that popular ad-blocking software AdBlock Plus does not break the country’s unfair competition rules, 25 Apr 2018 23:30:00 GMTThe argument for Canada’s controversial website-blocking proposalA coalition of Canadian companies has proposed a regime to block egregious copyright infringing websites. McCarthy Tétrault’s Barry Sookman voiced support for the proposal at the Fordham IP Conference while pointing to the recent experience in the UK and elsewhere, 10 Apr 2018 00:15:00 GMTFederal Circuit revives Oracle v GoogleThe Federal Circuit has overturned the jury verdict of fair use in Oracle v Google and remanded the case to a federal judge in the Ninth Circuit for a third trial to determine damages, 29 Mar 2018 04:45:00 GMTThe week in IP – Marrakesh Treaty, STRONGER Patents Act, Blurred Lines, Mexico IP amendments, Fujifilm, PTABPatrick Wingrove rounds up recent intellectual property news, including the introduction of the Marrakesh Treaty and STRONGER Patents Act in US Congress, the Blurred Lines copyright appeal, amendments to Mexico’s IP law, Fujifilm winning at the ITC, and more, 22 Mar 2018 05:45:00 GMTMake your nominations for the Global Anti-Counterfeiting Awards 2018Managing IP and the Global Anti-Counterfeiting Group (GACG) are inviting nominations for the Global Anti-Counterfeiting Awards (2018), 19 Mar 2018 10:00:00 GMTHow blockchain will change intellectual property – copyrightManaging IP is publishing a series of articles that looks at how blockchain technology is changing the landscape of IP. In this article, Ellie Mertens analyses its implications for copyright, 13 Mar 2018 04:45:00 GMT