In the creative industries, many intellectual property rights, such as copyright, trademarks, registered designs and patents are subjected to licenses, in order for right owners and creators to monetize such rights. However, things do not always go smoothly during and after the term of the licensing agreement, between the licensor and the licensee. Therefore, what…
Tag: Antitrust & competition
Royalties collected on sound recording performance rights: how to distribute them in the right way
On 8 September 2020, the Court of Justice of the European Union (‟CJEU”) handed down a judgment which may have a groundbreaking effect on how European Union (‟EU”) collecting societies for music copyright, as well as EU music neighbouring rights collecting societies, distribute income generated through collected royalties. This has stirred up controversy, with EU…
How to fight abuses of dominant position done by way of IP claims & denigration?
When a competitor which used to reign as a warlord in a particular market becomes challenged by a new player, this competitor may use tactics such as systematic and heavy-handed enforcement of alleged intellectual property rights, as well as aggressive smearing and denigration campaigns, to deter this new entrant. The situation may soon become untenable…
Do you need to put in place an escrow agreement with respect to the software and/or source code that you license?
In this digital and technological corporate world, having a plan B in case your software or computer program license goes wrong is a must. Can a customer successfully leverage its position, by entering into an escrow agreement with the licensor? How does the source code escrow work, anyway? When can the source escrow be released…
Fashion law in France: a 2020 overview
Since its inception in 2003, the law of luxury goods and fashion law have evolved, matured, and become institutionalised as a standalone area of specialisation in the legal profession. Here is Crefovi’s 2020 status update for fashion law in France, detailing each legal practice area relevant to such creative industry.
