IP Tech Blog

DECEMBER 3, 2021

The UK Advertising Standards Authority’s ‘Committee of Advertising Practice’ (“ CAP ”) and its broadcast sibling (the “ BCAP ”) have recently published guidance (“ Guidance ”) considering the interpretation of the UK Codes of Broadcast and Non-Broadcast Advertising (“ Codes ”) in relation to in-game purchases. Practical Advice.

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Advertising Advertising Publishing Reporting 67

LexBlog IP

APRIL 12, 2023

The NTIA has indicted that it will use these comments and other input to draft and issue a report on AI accountability policy development, focusing especially on the AI assurance ecosystem. As part of this initiative, it issued preliminary guidance on the works generated using AI tools.

Music 52

Music Technology Art Publishing 52

LexBlog IP

MARCH 21, 2022

Drafting AI Claims that are detectible and related Trade Secret issues. How to draft AI patent claims that can be detected for patent infringement purposes, or whether to keep AI-related information a trade secret instead. I look forward to working on this year’s upcoming paper to advance these topics further.

Invention 52

Invention Inventor Intellectual Property Patent Infringement 52

LexBlog IP

DECEMBER 3, 2021

It is worth noting that this Guidance has not amended the Codes. The scope of the Guidance is limited to inducements to purchase virtual currency or in-game items, but only if they are solely obtained by transactions involving real-world money (i.e., It is clear that in-game purchases are currently a hot topic of discussion.

Advertising 52

Advertising Advertising Publishing Government 52

LexBlog IP

FEBRUARY 7, 2024

AI is already impacting the document review and production process, legal research, and the drafting of court submissions. 5] In the UK, the government published a white paper, which proposes leaving it to individual regulators to lay down sector-specific rules or guidance regarding AI, subject to certain overarching guiding principles. [6]

Publishing 52

Publishing Government Litigation Inventor 52

Kluwer Copyright Blog

FEBRUARY 28, 2024

Copyright law has always been an emotional topic. In the Spring of 2023, the Office also held webinars on registration guidance and international perspectives. To repeat, copyright law is an emotional topic. Fuelled by AI concerns, it becomes borderline explosive.

Copyright Law 60

Copyright Law Copyright Law Music 60

LexBlog IP

DECEMBER 15, 2022

Back in 2012 , the Commission kicked the proverbial can on that one – stating at that time that with respect to natural and sustainability claims, “the Commission lacks sufficient evidence on which to base general guidance.” We don’t see this changing with the updates; it is just good guidance.

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Privacy Technology Publishing Reporting 52

Patently-O

FEBRUARY 15, 2023

The Federal Circuit weighed in on the amorphous topic of subject matter eligibility in the recent opinion ChromaDex, Inc., It appears to me that the primary issue is a patent drafting problem. The ‘807 patent was filed on April 20 th, 2006, long before the clarifying guidance from Myriad (2013), Alice (2014), and Mayo (2012).

Patent 55

Patent Patent Drafting IP Law 55

The IPKat

OCTOBER 2, 2023

The Enlarged Board of Appeal (EBA) decision in G 2/21 arose from a case seeking guidance on the evidence requirement for a purported technical effect relied on for inventive step ( IPKat ). This reasoning is in line with other interpretations of G 2/21 , including T 0873/21 and T 0116/18. EPO Guidelines for Examination, H-V, 2.2 ).

Invention 70

Invention Art Publishing Patent 70

Kluwer Copyright Blog

MARCH 2, 2022

Originality, on the other hand, following the guidance of the CJEU, has been understood as ‘ the author’s own intellectual creation ’, where ‘ free and creative choices ’ of the author are reflected in the work. A final draft of the paper can be accessed here. Media and communications perspective.

Copyright 107

Copyright Journalism Intellectual Property Copyright Law 107

The IPKat

DECEMBER 21, 2021

First came Emily Hudson’s Drafting Copyright Exceptions: From the Law in Books to Law in Action (Cambridge University Press) [IPKat review here]. Again, he suggests that these each be assessed by a pair of criteria: legislative guidance and judicial guidance, and the harmonising effect of legislation and of CJEU case law.

Copyright Law 113

Copyright Law Law Copyright Fair Use 113

LexBlog IP

MARCH 27, 2023

This is why ChatGPT seems so knowledgeable about a vast array of topics and subject areas. answering a different intended question or providing information about a different topic). Patents: Drafting In view of the above, patent drafters should be careful as to what information (if any) is provided to ChatGPT.

Intellectual Property 52

Intellectual Property IP Inventor Copyright 52

Technology & Marketing Law Blog

OCTOBER 16, 2023

Given that speech restrictions will rarely qualify for rational-basis scrutiny, the AADC’s failure to survive any form of heightened scrutiny is a pretty good sign that other states won’t be able to draft around this opinion. That makes this topic is the #1 battle privacy advocates should be fighting. ” This is so true.

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Designs Design Privacy Business 78

Kluwer Copyright Blog

NOVEMBER 29, 2021

In light of this, and also the fact that the Commission Guidance on Article 17 has now been published (a few days before the transposition deadline), Member States have shifted to higher speed in their legislative process. The first (full) draft bill was published on 7 May 2020, and a public consultation took place between May and June 2020.

Cease and Desist 115

Cease and Desist Copyright Government Publishing 115

LexBlog IP

DECEMBER 15, 2022

In particular, the opinion provides guidance on what needs to be shown to assert a combination trade secret, which is a trade secret composed of multiple publicly available elements. And while we’re on the topic of an opinion covering multiple interesting trade secret issues, the U.S. A recent decision by the U.S.

Blogging 52

Blogging IP Confidentiality Intellectual Property 52

Technology & Marketing Law Blog

JANUARY 18, 2022

From a judicial standpoint, FOSTA’s terrible drafting has produced entirely predictable chaos in the courts. Unsurprisingly, courts are also struggling with FOSTA’s core drafting ambiguity (that was highlighted for Congress during its deliberations) about the level of scienter applicable to the sex trafficking civil claim.

Blogging 119

Blogging Reporting Publishing Law 119

IP Watchdog

DECEMBER 9, 2021

The 2021 SEP Licensing Draft Statement responds to President Biden’s Executive Order on Competition, which called on the agencies to review the 2019 Trump Administration Statement dealing with SEP infringement remedies. The 2019 Statement in turn excised the anti-IP language from a 2013 Obama Administration Statement on this topic.

Licensing 75

Licensing Technology IP Trademark 75

Trading Secrets

DECEMBER 29, 2022

When considering drafting and implementing new restrictive covenants, assess location(s) of workforce and assets that need protection by virtue of restrictive covenants to determine what state laws apply that will affect enforceability. Be wary of overbroad drafting. 2023 Trade Secret Webinar Series.

Confidentiality 59

Confidentiality Business Law Contracts 59

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

In 2021, regulatory agencies focused on three interrelated issues: (1) decreasing anti-competitive behavior in the biosimilars space, (2) lowering biologic drug prices, and (3) providing further guidance to clarify the regulatory pathway for biosimilars. New FDA Guidance and Information. Targeting Anti-Competitive Behavior.

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Litigation Settlement Patent Marketing 52

LexBlog IP

DECEMBER 29, 2022

When considering drafting and implementing new restrictive covenants, assess location(s) of workforce and assets that need protection by virtue of restrictive covenants to determine what state laws apply that will affect enforceability. Be wary of overbroad drafting. 2023 Trade Secret Webinar Series.

Confidentiality 40

Confidentiality Business Law Contracts 40

Technology & Marketing Law Blog

JULY 6, 2022

The panel tries to explain, unpersuasively IMO, how this test is consistent with clear Supreme Court guidance on these questions. The Knight First Amendment opinion was drafted broadly, government officials have thin skins, and unhappy constituents are litigious. My alerts are filled with them. Why are they so plentiful? Ziegenhorn.

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Government Social Media Litigation Law 69