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1 week ago | 
ipkitten.blogspot.com | Eleonora Rosati
What does 'pastiche' mean? A question like this, raised a few years ago, would probably have sounded esoteric - if not plainly weird - to most. Yet, it is now at the centre of one of the most important recent referrals to the Court of Justice of the European Union (CJEU): Pelham II, C-590/23 [IPKat here, here, here, here, here].
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2 weeks ago | 
ipkitten.blogspot.com | Eleonora Rosati |IPKat readers
* PermaKat Eleonora Rosati received the 2022 Adepi Award. * PermaKat Eleonora Rosati listed as one of the World Intellectual Property Review's "Influential Women in IP" of 2020. * PermaKat Eleonora Rosatilisted as one of the Managing Intellectual Property magazine's "Fifty Most Influential People" of 2018. * IPKat founder and Blogmeister Emeritus Jeremy Phillips listed as one of the Managing Intellectual Property magazine's "Fifty Most Influential People" of 2005, 2011, 2013, and 2014.
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1 month ago | 
openlegalblogarchive.org | Eleonora Rosati
Existential crisis? Ask AI …Over the weekend, reports circulated that the Court of Justice of the European Union (CJEU) has received its very first referral on Artificial Intelligence (AI) and copyright.Like Company v Google, C-250/25 comes from Hungary. It concerns chatbots vis-á-vis the press publishers’ right and the text and data mining (TDM) provision under, respectively, Articles 15 and
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1 month ago | 
ipkitten.blogspot.com | Eleonora Rosati
Over the weekend, reports circulated that the Court of Justice of the European Union (CJEU) has received its very first referral on Artificial Intelligence (AI) and copyright. Like Company v Google, C-250/25 comes from Hungary. It concerns chatbots vis-á-vis the press publishers’ right and the text and data mining (TDM) provision under, respectively, Articles 15 and 4 of the DSM Directive.
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1 month ago | 
ipkitten.blogspot.com | Eleonora Rosati |Salvatore Marcenaro
The IPKat has received and is pleased to host the following guest contribution by Katfriend Salvatore Marcenaro (Wolf Méndez Abogados Asociados) concerning a recent third-party attempt to register the well-known Colombian “FRISBY” trade mark in the EU.
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1 month ago | 
ipkitten.blogspot.com | Eleonora Rosati
Is it true that originality is the only thing that matters in copyright law, including for works of applied art? If so, how is it to be assessed? And what does the infringement test under copyright law entail? These are the key questions at the heart of the pending referrals to the Court of Justice of the European Union (CJEU) in Mio, C-580/23 [IPKat here] and konektra, C-795/23 [IPKat here]. This morning, Advocate General (AG) Szpunar issued his long-awaited Opinion.
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1 month ago | 
ipkitten.blogspot.com | Eleonora Rosati
* PermaKat Eleonora Rosati received the 2022 Adepi Award. * PermaKat Eleonora Rosati listed as one of the World Intellectual Property Review's "Influential Women in IP" of 2020. * PermaKat Eleonora Rosatilisted as one of the Managing Intellectual Property magazine's "Fifty Most Influential People" of 2018. * IPKat founder and Blogmeister Emeritus Jeremy Phillips listed as one of the Managing Intellectual Property magazine's "Fifty Most Influential People" of 2005, 2011, 2013, and 2014.
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2 months ago | 
ipkitten.blogspot.com | Eleonora Rosati
Joint ownership of IP rights: is it an area governed by national or rather EU law? More specifically, when there is more than one copyright owner, does EU law have anything to say regarding how each of them can exercise and enforce their rights? This, in a nutshell, is the question at the centre of the referral that the tribunal judiciaire de Paris (Court of Paris) has made to the Court of Justice of the European Union (CJEU) in Chabrol, C-182/24.
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2 months ago | 
ipkitten.blogspot.com | Eleonora Rosati |IPKat readers
* PermaKat Eleonora Rosati received the 2022 Adepi Award. * PermaKat Eleonora Rosati listed as one of the World Intellectual Property Review's "Influential Women in IP" of 2020. * PermaKat Eleonora Rosatilisted as one of the Managing Intellectual Property magazine's "Fifty Most Influential People" of 2018. * IPKat founder and Blogmeister Emeritus Jeremy Phillips listed as one of the Managing Intellectual Property magazine's "Fifty Most Influential People" of 2005, 2011, 2013, and 2014.
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Mar 20, 2025 | 
openlegalblogarchive.org | Eleonora Rosati
Can a work that is presented as being entirely AI-generated receive protection under copyright law? The answer, unsurprisingly, is ‘no’. Earlier this week, the US Court of Appeal for the District of Columbia Circuit upheld all previous decisions that had refused to accept copyright protection under the 1976 Act for A Recent Entrance to Paradise, an artistic work that is claimed to have been entirely generated by Dr Stephen Thaler’s Creativity Machine.
