December 2024 [Legal] Newsletter

December [Legal] Newsletter

Amendments to the Regulations under the Madrid Protocol (effective November 1, 2024)

Amendments to the Madrid Agreement Regulations Concerning the International Registration of Marks came into effect on November 1, 2024. The amendments are as follows:

① Amendments concerning communications from designated Contracting Parties not covered by the Regulation (Rule 23bis)
This amendment allows designated Offices to request the International Bureau to transmit to holders any information that is not covered by the Madrid Agreement regulations.
As a result, trademark holders will be able to receive information on amendments that affect their trademark registrations, procedural reminders, etc., as official communications from the designated office via the International Bureau, which is expected to enable them to obtain information more appropriately and take the necessary measures.

<Updated rules>
Rule 23bis Communications of the Offices of Designated Contracting Parties Sent through the International Bureau
(1) [Communications not covered by the rules]
Any Office of a designated Contracting Party may request that the International Bureau send to the holder any communications concerning the international registration on its behalf.

② Rhetorical amendments (Rule 21(3)(b) and Rule 32(1)(a)(xi))
These amendments clarify what is included in each rule.

<Updated rules>
Rule 21 Replacement of National or Regional Registrations by International Registrations
(…)
(3) [Details regarding substitutions]
(…)
(b) The national or regional registration and the international registration which replaces it must be able to coexist. The holder shall not be required to renounce or cancel a national or regional registration which is considered to be replaced by an international registration and may renew it, if he so wishes, in accordance with the applicable national or regional law.

Regulation 32 The Gazette
(1) [Information regarding international registrations]
(a) The International Bureau shall publish in the Gazette the following information:
(…)
(xi) notifications recorded under Rules 20, 20bis, 21, 21bis, 22(2)(a), 23 and 27(4) and (5);

 

"Study Group on the Realization of a Safe and Secure Metaverse" Report 2024

The "Report 2024" has been published for the "Study Group on Realizing a Safe and Secure Metaverse" held by the Ministry of Internal Affairs and Communications.

The study group was established "with a view to a significant increase in the market size and number of users of the metaverse in the future, to consider principles based on democratic values ​​to realize a safer and more secure metaverse for users, and to contribute to international discussions on the metaverse, given that metaverse-related services will be provided across borders" (from page 1 of the "Report 2024 Summary").

The study group considered the "principles" expected of metaverse-related service providers. The "Report 2024 Summary" includes an "Explanation of the Principles (Version 1.0)." Below, we will provide a rough introduction to the parts that relate to intellectual property rights in particular. Both of these points out the importance of protection through intellectual property rights. It seems likely that further discussion will take place in the future regarding the relationship between "realizing a safe and secure metaverse" and protection through intellectual property rights.

<Principles for the autonomous and self-sustaining development of the metaverse>
Commentary on "Appropriate Protection of Intellectual Property Rights, etc." (p. 21)
The following is listed as what is expected of metaverse-related service providers so that creators can create content etc. with peace of mind in the metaverse and users can use it with peace of mind.

• When developing and operating the Metaverse Service, we will endeavor to properly protect intellectual property rights and other rights.
• Through terms of use and community guidelines, etc., it will be necessary to make users aware of the importance of proper protection of various rights, including intellectual property rights, and to clearly state in these documents the rules regarding the creation and use of UGC, including, for example, whether secondary use is permitted.

<Principles for improving the reliability of the metaverse>
Explanation of "Considerations for handling avatars" (p. 25)
If an avatar that resembles an actual person is created and used without permission, it may infringe on the image right or intellectual property right depending on the actual appearance, etc., and depending on the manner in which it is used, it may also violate the privacy of the actual person or cause defamation.
In addition, if a famous person is created and used as an avatar without permission, issues of publicity rights may arise.
Taking into account the latest developments in the discussion regarding the handling of rights surrounding avatars, the following is listed as the response expected from metaverse-related service providers.

• Regarding the use of copyrighted works, likenesses, and voices, the terms of use and community guidelines must clearly state basic principles, points to bear in mind, procedures required for obtaining permission, and possible actions to be taken if infringement of rights is confirmed.
• If any situation that may constitute defamation or infringement of rights is identified, we will promptly take action in accordance with the Terms of Use and Community Guidelines.

 

CISAC (International Federation of Authors and Composers) publishes "CISAC Global Collections Report 2024"

CISAC (International Federation of Societies of Authors and Composers) has published the 2024 edition of the "CISAC Global Collections Report" based on the amount of royalties collected in 2023 by copyright management organizations around the world that are members of CISAC.

The total amount of royalties for copyright works in 2023 will be 13.09 billion euros (approximately 2.2 trillion yen), with the music sector, accounting for the majority of this, reaching 11.75 billion euros (approximately 2 trillion yen), both an increase of 7.6% from the previous year and both setting new records.

The Japanese Society for Rights of Authors, Composers and Publishers (JASRAC) also recorded a record high of 137,167,290,000 yen in music copyright revenues (royalties) for fiscal year 2023, up 6.3% from the previous fiscal year. Fixed-rate music distribution (subscriptions) and interactive distribution such as YouTube led the overall figure, while performances (live concerts, etc.) also performed well due to an increase in the number of events.

CISAC is composed of copyright management organizations (including JASRAC) for music, film, theater, literature and visual arts from around the world. It has 227 member organizations from 116 countries and regions. Organizations from around the world have signed agreements (management agreements) to manage each other's managed works (repertoire), allowing foreign works to be used in the same way as domestic works.

<About copyright royalties>
The rights to a work (performing rights, recording rights, rental rights, publishing rights, etc.) are held exclusively by the author (Articles 21 to 28 of the Copyright Law), but users such as record companies, publishers, and broadcasting stations can also use the work with the permission of the copyright owner within the scope of the usage methods and conditions of the permission (Article 63 of the Copyright Law). The royalty that users pay in return is the copyright usage fee (commonly known as "royalties").

[reference]
CISAC Global Collections Report 2024
https://www.cisac.org/global-collections-report-2024

 

 

Newsletter translated into English

Amendments to the Regulations under the Protocol Relating to the Madrid Agreement (Brought Into Force on November 1, 2024)

Amendments to the Regulations under the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks came into force on November 1, 2024. The amendments are as follows.

(i) Amendments concerning communications from designated Contracting Parties not covered by the regulations (Rule 23bis)
This amendment allows designated Offices to request the International Bureau to send to the holder any information that is not covered by the Madrid Agreement Regulations.
This enables holders to receive official communication from designated Offices through the International Bureau with information on amendments affecting their trademark registrations and reminders of procedures, etc., which is expected to allow holders to more appropriately obtain information and take the necessary measures.

Rule 23bis: Communications from the Offices of the Designated Contracting Parties Sent Through the International Bureau
(1) [Communications Not Covered by These Regulations]
The Office of a designated Contracting Party may request the International Bureau transmit communications concerning an international registration to the holder on its behalf.

(ii) Rhetorical amendments (Rules 21(3)(b) and 32(1)(a)(xi))
These amendments clarify the content in each rule.

Rule 21: Replacement of a National or Regional Registration by an International Registration
(...)
(3) [Further Details Regarding Replacement]
(...)
(b) A national or regional registration and the international registration that has replaced it shall be able to coexist. The holder may not be required to renounce or request the cancellation of a national or regional registration which is deemed replaced by an international registration and shall be allowed to renew that registration, if the holder so wishes, in accordance with the applicable national or regional law.

Rule 32: Gazette
(1) [Information Concerning International Registrations]
(a) The International Bureau shall publish in the Gazette relevant data concerning
(...)
(xi) information recorded under Rules 20, 20bis, 21, 21bis, 22(2)(a), 23 and 27(4) and (5);

 

“Study Group on Realization of a Safe and Secure Metaverse” 2024 Report

The “Study Group on Realization of Safe and Secure Metaverse” organized by the Ministry of Internal Affairs and Communications has published its report for 2024.

The study group was “convened to examine principles based on Democratic values, etc. for realizing a safer and more secure metaverse for users in anticipation of a significant increase in the market size and in the number of users of the metaverse in the future, and to contribute to the discussion regarding an international metaverse, taking into account that services related to the metaverse will be provided across national borders (from page one of the “2024 Report Overview”).

The study group discussed “Principles” as initiatives expected from metaverse-related service providers. The “2024 Report Overview” includes an “Explanation of Principles (Version 1.0)”. The following is a general introduction of the Principles, especially regarding the parts related to intellectual property. All of them describe the importance of protection through intellectual property rights. It is likely that there will be further discussions on the relationship between the “realization of a safe and secure metaverse” and the protection of intellectual property rights.

<Principles for the Independent and Autonomous Development of the Metaverse>

Explanation of “Appropriate Protection of Intellectual Property Rights, etc.” (p. 21)
In order to allow creators to create content and users to use said content on the metaverse with confidence, the following is expected from providers of metaverse-related services:

• To strive to protect intellectual property rights and other rights in the development and operation of metaverse services.
• To promote awareness among users of the importance of proper protection of intellectual property rights and other rights through terms of use, community guidelines and other documents and to clearly indicate in these texts the rules, etc. regarding the creation and use of UGC, including, for example, whether secondary use is allowed or not.

<Principles for Improving Metaverse Reliability>

Explanation of “Considerations for Handling Avatars” (p. 25)
The unauthorized creation or use of an avatar that is an imitation of a real person may infringe on portrait rights or intellectual property rights in accordance with the actual appearance of the avatar, and depending on the form of use, may also infringe on the privacy or defamation of the real person.
In addition, the unauthorized generation and use of famous persons as avatars can raise issues of publicity rights.
The following are the responses expected from providers of services related to the metaverse, taking into account trends in discussions regarding the treatment of rights over avatars.

• The basic concept, matters to keep in mind, necessary procedures for permission, and possible actions to be taken in the event that infringement of rights is confirmed, should be clearly stated in the terms of use, community guidelines, etc., regarding the use of copyrighted works, portraits, and voices, etc.
• If a situation is identified that may constitute defamation or infringement of rights, action in accordance with the Terms of Use, Community Guidelines, etc. should be promptly taken.

 

CISAC publishes “CISAC Global Collections Report 2024”

CISAC (the International Confederation of Societies of Authors and Composers) has published the 2024 edition of the “CISAC Global Collections Report”, based on royalty collections in 2023 by copyright management organizations worldwide that are members of CISAC.

In 2023, total royalties for copyrighted works amounted to 13.09 billion euros (approximately 2.2 trillion yen), with the music sector accounting for the majority of this amount at 11.75 billion euros (approximately 2 trillion yen). Both numbers are up 7.6% from the previous year reaching record highs.

Music copyright revenues (royalties) of the Japanese Society for Rights of Authors, Composers and Publishers (JASRAC) in 2023 also reached a record high of 137,167.29 million yen, up 6.3% from the previous year. In addition to subscription-based music distribution ( subscriptions) and interactive distribution such as YouTube driving the overall revenue, performances, etc. (live concerts, etc.) were also strong due to an increase in the number of events held.

CISAC is comprised of copyright management organizations (including JASRAC) for music, video, theater, literature, and visual arts from around the world. 227 organizations in 116 countries and territories are members. The organizations around the world conclude agreements (management agreements) to manage each other's controlled works (repertoires) so that foreign works can be used in the same way as domestic works.

The rights (performance rights, recording rights, lending rights, publication rights, etc.) related to a work are reserved by the author (Articles 21-28 of the Copyright Law), but users such as record companies, publishers, and broadcasters may also use the work with the permission of the copyright holder within the scope of the usage methods and conditions pertaining to that permission (Article 63 of the Copyright Law). The royalty paid by the user in return is the copyright royalty (commonly known as “royalty”).

[Reference]
CISAC Global Collections Report 2024
https://www.cisac.org/global-collections-report-2024