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Browse \ Tags \ Intellectual Property

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Fortnite IP Royale: Can Dance Moves Be Copyrighted?

Fortnite Battle Royale has become the biggest game in the world. One particularly popular aspect of the game is the variety of 'emotes': dances players can perform in game. Recent lawsuits against Epic Games, its developer, has raised a key question: can simple dance moves be copyrighted?

12:00, 5th February 2019
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Article 13 of the Copyright Directive: Is the EU Really Banning Memes?

Copyright law has, in the internet age, lagged behind technological advances. However, the most recent attempt of the European Parliament to catch up with technology - the newly proposed Copyright Directive - has sparked fierce opposition online, mostly for its alleged attempts to 'ban memes'.

12:00, 18th December 2018
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Tainted Medicine: Pharmaceutical Patents in the Developing World

The need to ensure that medicine is universally accessible conflicts with the need to encourage companies to invest in developing new drugs. Particularly in the developing world, patent law has struck an uneven balance that has left populations priced out and vulnerable. How can this be resolved?

12:00, 2nd March 2018
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The Death of Copyright Law's Idea/Expression Dichotomy

For copyright law, a between ideas and expressions has long been considered to have foundational status. However, a number of recent judgments from both the English and EU courts have cast doubt on the extent to which that fundamental dichotomy really is applicable today.

12:00, 2nd February 2018
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Problems with Trade Marks for Shapes

At present, the law applies strict limits to when a particular shape can be registered as a trade mark. Recently, this has denied protection to the shape of London Taxis and Nespresso coffee capsules. This appears to disregard the important role played by a product's aesthetic for many companies.

12:00, 16th January 2018
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Copyright Protection for TV Shows: Pointless or Going for Gold?

While scripted TV shows have long been protected by copyright law, the legal position of programmes that rely on spontaneity, like quiz shows or reality television, has been heavily contested. However, a recent High Court case has finally provided guidance as to when protection may be available.

12:00, 19th December 2017
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Fair Use on YouTube: The H3H3Productions Copyright Case

A recent American case saw, for the first time, a maker of a YouTube video that used clips made by other YouTubers taken to court. It sheds light on the similarities between two doctrines of English and American law that govern when the exclusive right granted by copyright law can be overcome.

12:00, 19th September 2017
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Eli Lilly v Actavis: Widening the Scope of Patent Protection

A case of fundamental importance to the future of many patent claims was heard by the Supreme Court earlier this month. The decision, which appears to provide better protection for patent holders against competing inventions, might cause more problems than it solves.

12:00, 28th July 2017
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The Failure of IP law to Protect Comedians

The law of IP across many jurisdictions has struggled to provide adequate protection for comedians, as demonstrated by an upcoming case in America involving Conan O'Brien. There is evidence that shows comedians have thus resorted to using social norms to protect themselves, and each other.

12:00, 11th July 2017
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Commercial Awareness: The Fortnightly Round-Up (w/b 24th April)

Understanding the complex world of commerce is vital for aspiring commercial lawyers. Keep Calm Talk Law's fortnightly round-up carries on providing a succinct and manageable guide to the commercial stories you should know about.

19:00, 30th April 2017
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Having a Laugh? The Parody Exception to Copyright Infringement

Parodies are an enigmatic force of comedy. Notoriously difficult to define with precision, parodies are something we ‘know when we see’. How does copyright law deal with something so difficult to define? When does a parody become so unacceptable that there should be no copyright exception?

12:00, 17th May 2016
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Opening Pandora’s Box: Uncertainty in European Trade Mark Law

Over the years, the 'power' of trade marks has rapidly expanded. In 2016, trade marks are an invaluable asset to global business. However, the purpose of trade marks has become increasingly blurred. Are they designed to protect consumers or brand owners, and how well are they doing each?

12:00, 14th April 2016
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Copycat Packaging: Brand Infringement and Brand Protection

The Department for Business, Innovation and Skills commissioned a report with the objective to review the effects of copycat packaging and, in particular, to examine the problems which arise when brand owners are forced to rely on the current enforcement methods. Was the conclusion satisfactory?

12:00, 10th February 2016
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Anne Frank’s Diary: The End for Kitty’s Copyright?

Anne Frank’s diary, Kitty as she called it, has developed an immediate and intrinsic association with the atrocities committed by the Nazis during the Second World War. A number of publishers hold that the copyright discontinues at the end of this year. Hypothetically, would it under English law?

12:00, 15th December 2015
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The Caspian Sea Convention: International Law Meets International Relations

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