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Chinese Copyright Society debut new protections group
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Latest efforts to strengthen copyrightregulations in China sees working committee set up, with national copyrightadministration to oversee
Intellectual Property Magazine
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Chinese Biomimetics student charged with trade secret thefts
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34-year-old research student alleged to haveillicitly obtained of bio-inspired research simulation software code whichrepresented ‘years of research’; discovery made as suspect attempted to boardplane back to China
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Verizon and T-Mobile hit with Wi-Fi calling suits
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Pair latest to be hit with patent appropriationclaims by Texas-based IP consulting firm, as AT&T already defeats allegedclaims of infringement
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Trump sued over unlicensed use of ‘Electric Avenue’
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Eddy Grant becomes the latest music star to sue the Trump campaign over unauthorised use of a song; complaint claims the neither the President nor Trump’s re-election campaign ‘is above the law’
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Diversity in big law ‘has to be addressed’
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Leading black attorneys tell IPM that diversity and representation of black lawyers needs to be addressed at big law firms
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UK IPO report calls for greater IP enforcement
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Behavioural change among consumers is includedas a main enforcement priority; cigarettes and tobacco is the most reportedfake item by UK authorities
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Huawei; ZTE lose second FRAND case in a week
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Following on from landmark ruling in UnwiredPlanet, Huawei lost similar dispute in Germany; district court confirmsConversant licensing strategy to be FRAND compliant
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Covid-19 pandemic ‘severely’ impacting global innovation
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Eastward shift in innovation continues as South Korea enters top 10; UK moves into top four
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McDonald’s sues Hungry Jack's over Big Mac TM
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US fast-food giant takes issue with ‘Big Jack’ burger; case comes a year after McDonald’s took similar action in the EU, only to have its trademarks revoked
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Royal family successfully opposes butler TM application
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Attempt to register ‘The Royal Butler’ by Prince Charles’ former butler denied; applicant alleged to have been permitted to use the term, which Royal Family successfully contended was false
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Premier League launches Malaysian anti-piracy campaign
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Campaign warns consumers about potentialpitfalls of pirating matches; EPL league chief reminds ‘hidden cost’ to watching football via illegalservices
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China to work with ‘all countries’ to enhance IP rights
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President Xi said the country will ‘activelypromote’ the development of digital and sharing economies
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Spanish IP office reveals new project management processes
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Determined set of structured processes aim to improve projectmanagement at the office
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Christian site reduces damages to Disney by $52m
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Platform that removes ‘distasteful content’ emerges from bankruptcy after Disney and Warner Brothers grant it reprieve from hefty damage awarding in infringement settlement
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UK IPO calls for views on AI
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Stakeholder comments sought on what implications AI might have for IP policy; office previously rejected patent applications from an AI inventor
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EU-backed project to kickstart African GIs launches
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AfrIPI aims to help protect African GI products that are ‘beneficial for local communities’; protected products include Cabrito de Tete, a type of goat meat local to Mozambique
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Apple; Google seek to invalidate NHK-Fintiv rule
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Complaint asks California court to declare NHK-Fintiv rule ‘unlawful’; claim it was adopted without notice-and-comment rulemaking and is therefore ‘procedurally invalid’
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Pokémon Go makers ‘caught’ in patent suit
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Niantic hit with infringement lawsuit; Delaware firms claim augmented reality giant appropriates three asserted US patents
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CJEU win for non-EU musicians in Irish royalty rumble
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Non-EU artists must be fairly remunerated interms of royalties for works played in public settings in Ireland, EU’s highestcourt rules
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Siemens’ wind turbine imports face US ITC investigation
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Complaint from General Electric claims US andDanish Siemens brands imported infringing wind turbine generators
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US TM act aims to ‘help restore balance’
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Original bill co-sponsor and House Judiciary Committee chair calls on colleagues to support bill aimed at modernising US TM law; bill would allow third parties to cancel fraudulent filings if TMs are never used
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Slovenia wine GI dispute with Croatia sours
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General Court finds European Commissioncorrectly applied retroactive rule allowing Croatia to use the term ‘Teran’ forspecific wines
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Late Juice Wrld hit with second copyright suit
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Late artist’s mother to represent his estate incopyright dispute with an unnamed under-18 artist who claims the rapper’s Leanwit Me copied their song
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AG: embedding works via automatic links needs consent
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AG opines, however, that embedding a work via clickable links does not require rightsolder authorisation
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WHO DG: vaccine project needs ‘significant funding increase’
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Tedros Adhanom Ghebreyesus praises worldwide speed in research; warns that funding, bilateral vaccine deals and vaccine nationalism could ‘compromise equitable access’
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Athanasios Rantos named new CJEU AG
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Greek legal stalwart replaces Eleanor Sharpston QC
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Red Dead makers win case against developer
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Red Dead Redemption makers wininjunction preventing PC developer from porting RD1; costs to be awarded shouldnow cancelled project restart
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Australian MPs seek to buy Aboriginal flag copyright
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Ruling party politicians back plans to buy controversial copyrights covering Aboriginal flag; stress need to respect rightsholder’s IP
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Broad Institute fails to end CRISPR interference case
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Broad says post-PTAB ruling that parties must ‘move beyond litigation’; CVC ‘pleased’ that case will continue
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UPC prep committee ‘confident’ of near future functionality
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First UPC prep committee meeting since March 2017 takes place digitally; UK’s exit and Germany’s ratification issues on meeting agenda
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Twitter founder launches crypto patent platform
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Jack Dorsey-owned Crypto company to commit itspatents to new shared library; members must agree to litigate only for‘defensive purposes’
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EPO testing Zoom for use in oral proceedings
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Using the popular video conferencing site fororal proceedings would ‘allow more cases to be concluded’, office suggestsahead of a trial using the platform
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UK stream-ripping increases 1,390% over three years
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YouTube remains the most exploited legitimateservice PRS says; stream-ripping sites now account for 80.2% of the 50 mostpopular music-only infringing piracy sites
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Guangzhou IP court affirms Mitsubishi infringement ruling
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Counterfeiters’ attempt to appeal convictionsfails; infringers must pay 2.66m Yuan in damages and publicly apologise to Japaneseelectronics giant
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Polish police arrest fake erectile dysfunction drug sellers
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Stiff enforcement efforts lead to 10 arrests,including suspected group leader; operation supported by Europol
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Bed Scrunchie urges Amazon to tackle copycat brands
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Inventors claim small businesses are struggling to survive due to fakes; state platform has ‘power to fix’ challenges
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UK police send personal notes to illegal streaming users
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Subscribers of the GE Hosting platform warned that illegally streaming content is a crime; personal messages follow increased enforcement efforts on UK infringing activities
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Lionel Messi scores TM victory at CJEU
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The player dubbed ‘the Goat’ is free to register figurative mark following a long-running dispute with Spanish cycling brand Massi
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Eli Lilly’s patent win in France a ‘game changer’
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Generic maker ordered to pay €28m in damages for infringing an Eli Lilly patent covering its Alimta product; signals a ‘sea change’ in the way French courts approach pharma infringement cases
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Nicki Minaj wins sampling fair use case
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Californian district judge finds the SuperBass rapper did not intend to commercialise at-issue song; judge says averdict against defendant would ‘limit creativity and stifle innovation’
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EUIPO Banksy verdict will ‘rattle arts industry’
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Anonymous artist utilised trademarks for ‘flowerbomber’ piece to avoid using copyright to reveal his identity, with marks filedin bad faith EUIPO panel rules; judgment ‘a significant one for the artindustry’
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District court judge temporarily reverses WeChat ban in US
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Northern California judge finds that banning WeChat would harm users' First Amendment rights; Tencent’s messaging app given lifeline just hours before being banned in the US
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UK IP industry to ‘work together to eradicate injustice’
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Virtual IP Inclusive roundtable meeting agree on statement of principles to address racial injustices in the UK IP industry; ideas include creating a directory of BAME professionals to speak at events and on panels
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AI cannot be inventors on patents, High Court rules
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High Court judge agrees with UK IPO that apatent can ‘only be granted to a person’
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beIN opts not to renew Bundesliga MENA rights
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Piracy in region has ‘crippled the market’beIN’s chief sports officer claims; broadcaster to continue showing Germanmatches in France, Australia and New Zealand
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Samsung; Panasonic leading the way in battery patenting
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Joint EPO/IEA findings reveal battery cells andcell-related engineering accounted for nearly 47% of patenting activity during2005-2018; rising filing numbers ‘indicates a level of technological maturity’
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More economies join WHO’s Covid-19 vaccine scheme
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Almost 160 economies have expressed commitment to initiative that aims to provide 2bn vaccine doses by 2021 end; WHO warns ACT project needs $15bn ‘immediately to maintain momentum’
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Alibaba; IBM leading blockchain patent filings
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Chinese e-commerce site’s holding company files354 patents; US number one country for blockchain filings
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WIPO launches free IP decisions database
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Upon launch, 10 member states have agreed togive free access to leading IP decisions; Gurry says new database provides ‘importantsupport for the adjudication of IP disputes in a globalised world’
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Ugandan president rolls out new IP policy
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President Museveni signs plan to improve Ugandan innovation offerings; newly launched IP policy to help increase low filing figures and aid in the country’s Vision 2040 project
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European enforcement efforts lead to 28m fake seizures
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Nearly 28m counterfeit and illegal goods including 27m facemasks seized in eight-month-long pan-Europe enforcement effort; Covid-19 pandemic “intensified” the physical and online counterfeit market
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South Korea to introduce IP revisions in April 2021
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Cap on copyright infringements raised andstatutory damage compensation introduced for trademark and designappropriations; latest revisions ‘lay the foundation to an improved marketenvironment’
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Black Friday 2020: 26% previously purchased fakes
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New Red Points survey finds 13% of consumers said they did not know if they hadpurchased a fake item or not on Black Friday
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TikTok issued preliminary injunction against US ban
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TikTok in US granted preliminary injunction against block; Commerce Department says it intends to ‘vigorously defend’ intentions to prohibit app from US app stores
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EUIPO to collaborate with European SME alliance
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Joint initiatives to support SMEs and promote‘a positive change of mindset’ towards IP rights are the leading aspects ofnewly signed agreement
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Editor's letter October 2020
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Maura O’Malley, IPM
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Amending and aligning
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Razvan Dinca and IrinaSpeciacreview trademark law amendments in Romania
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Advertising standards
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Siddharth Srivastava considers the IP issues crucial for advertisers and advertisingagencies
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Ringing the changes
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Haynes and Boone’s David McCombs, EugeneGoryunov, Clint Wilkins, Jonathan Bowser and Angela Oliver look at the changes at the USPatent Trial and Appeal Board under Director Andrei Iancu
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Creating new revenue
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Joe Dearingand PatrickWoolley consider how IP assets can be a robust source of new revenuestreams in challenging times
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TM filings up by 6.4% at UK IPO
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Latest office report outlines its commitment to reducing patent backlog and increasing office inclusion and diversity; UK IPO aiming to be ‘the best IP office’
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Jaguar Land Rover Ltd v Ineos Industries Holdings Ltd [2020] EWHC 2130 (Ch)
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High Court of England & Wales - 3 August 2020
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Name drop
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David Bell and Mike McArthur examine the trademark legal lessons from the Washington Redskins’ name change
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Unwired Planet v Huawei and Conversant v Huawei and ZTE
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UK Supreme Court - 26 August 2020
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Covid collaborators
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Karen Sebaski examineshow companies can avoid or prepare for patent disputes when teaming up to accelerate vaccine developments
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Sea change
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The autonomous shipping marketsize is estimated to be valued at $88bn in 2020. PhilipRoche and Peter McBurney discussthe challenges ahead surrounding data and IP rights
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On the crest of a wave
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Almost every element of modernshipping involves protectable IP and many areas of the sector are highlytechnologically advanced. Stephenson Harwood’s RobJacob and Joshua Cunnington explain
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Welcome to the machine
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AbdulrahmanAbou Naja discussesthe intersection of AI robots and IP
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Neurim Pharmaceuticals (1991) Ltd and Flynn Pharma Ltd v Generics UK Ltd (t/a Mylan)
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Court of Appeal of England & Wales - 18 June 2020
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Video game tattoo copyright suit set for jury trial
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Judge sides with tattoo artist over alleged copying of tattoos without permission in popular video game WWE 2K ; it was artist’s ‘creativity and design choices that were ultimately inked’