The IPKat

MARCH 7, 2024

Finally, in "The TRIPS Agreement and the Sustainable Disposal of IP-Infringing Goods - Lessons from WTO Dispute Settlement Cases," Wolf R. centred perspective, it — unsurprisingly —managed to grasp the essence of the topic globally. Despite having a solely U.S.-centred

Intellectual Property 57

Intellectual Property False Advertising Editing Settlement 57

LexBlog IP

APRIL 25, 2023

On 16 March 2023, the US Copyright Office (“USCO”) published guidance on the registration of works containing AI-generated content. The USCO’s policy statement was released against the backdrop of the proliferation of generative AI tools which are able to create content based on user prompts.

Copyright 52

Copyright Registration Editing Technology 52

Velocity of Content

DECEMBER 9, 2021

An outcome of a three-year review process, the policy was finalized and published on 6 th August 2021, after receiving 350 responses over the course of a year-long consultation. Jisc will consult further on the topic, leaving open the possibility of UKRI taking a different approach to most other cOAlition S funders.

Journalism 98

Journalism Publishing Licensing Editing 98

IP Tech Blog

SEPTEMBER 25, 2023

The USCO’s AI Initiative launched in early 2023, and has included public listening sessions, educational webinars, engagement with stakeholders, and the publication of a registration guidance statement reiterating the “principle that copyright protection in the United States requires human authorship.”

Copyright 62

Copyright Technology Artwork Blogging 62

LexBlog IP

AUGUST 26, 2022

Keeping with the topic of interwoven advertising and nonadvertising content, CARU highlighted as the second topic of concern the use of influencers and endorser advertising in the metaverse. Finally, the need for clear and conspicuous disclosures was highlighted as an area of particular concern for CARU in the metaverse.

Advertising 52

Advertising Advertising Social Media Branding 52

LexBlog IP

SEPTEMBER 25, 2023

The USCO’s AI Initiative launched in early 2023, and has included public listening sessions, educational webinars, engagement with stakeholders, and the publication of a registration guidance statement reiterating the “principle that copyright protection in the United States requires human authorship.”

Copyright 52

Copyright Technology Artwork Fair Use 52

The IPKat

MARCH 24, 2022

Building on the momentum of the final push towards launch of the UPC, the EPO has launched a stake-holder consultation on a proposal to unify the "fragmented" system for SPC registration.

Registration 82

Registration Reporting Marketing Marketing 82

LexBlog IP

AUGUST 26, 2021

” The guidance sets forth some examples of good cyber hygiene, including: Ensuring antivirus and anti-malware software and signatures are up to date. The fact sheet also offers suggestions on the topics “Protecting Sensitive and Personal Information” and “Responding to Ransomware-Caused Data Breaches.”

Government 40

Government Intellectual Property 40

LexBlog IP

MARCH 15, 2023

Copyright Office (“Office”) has published guidance on its policy and practices for examining and registering works that contain material generated by the use of artificial intelligence technology. It has launched an agency-wide initiative to delve into a wide range of these issues.

Copyright 64

Copyright Registration Technology Publishing 64

LexBlog IP

NOVEMBER 30, 2023

The FTC has previously issued guidance and reports on these topics and brought enforcement actions against companies that misused or misrepresented their AI capabilities. The CPPA will review the comments and issue final regulations by July 1, 2024. The draft rules are open for public comment until December 27, 2023.

Privacy 40

Privacy Business Technology Reporting 40

LexBlog IP

APRIL 12, 2023

Copyright Office (“Office”) has published guidance on its policy and practices for examining and registering works that contain material generated by the use of artificial intelligence technology. It has launched an agency-wide initiative to delve into a wide range of these issues.

Copyright 52

Copyright Registration Technology Publishing 52

The IPKat

JULY 30, 2023

Let’s start exploring the above issues from an EU perspective, aiming to give some guidance to brand owners. Counterfeit goods Last but not least, a hot topic for second-hand fashion is the resale of counterfeit goods. Finally, brands could use the data of second-hand buyers to find new target audiences. Article 15.1 49,50, 75).

Branding 97

Branding Brands Branding Advertising 97

Kluwer Copyright Blog

APRIL 26, 2022

Article 17 applies to online content sharing service providers (OCSSPs), as defined in Article 2(6) CDSM Directive, with further guidance in recitals 62 and 63. paras 85-86] (This topic and its implications will be the subject of a separate blogpost.). The regime of Article 17 and the issue at stake. paras 93-95].

Intellectual Property 99

Intellectual Property Law Designs Design 99

Kluwer Copyright Blog

JUNE 9, 2022

This is the second installment of a reflection on the topic of content moderation and bias mitigation measures in copyright law. This second part explores the potential of property rights to increase bias in content moderation by looking at the topic from the perspective of Article 17 CDSM Directive. from Audible Magic or Pex ).

Technology 96

Technology Marketing Marketing Copyright 96

The IPKat

NOVEMBER 29, 2021

The recently issued conclusion (of 8 October 2021) by the Attorney General to the Dutch Supreme Court is worth discussing, as it gives an insightful analysis of a difficult topic: what are the limits to parody? In an attempt to have the final laugh, Verstappen brought the case before the Dutch Supreme Court.

Law 70

Law Copyright Law Advertising Advertising 70

The IPKat

OCTOBER 2, 2023

LLM are undeniably very good at providing generic text on a topic for which the internet provides extensive guidance, and for which a deep understanding of complex specialist technical issues is not required. Final thoughts LLM possesses the remarkable ability to generate meaningful text in a user-stipulated style.

Patent Drafting 73

Patent Drafting Patent Invention Technology 73

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 ). Final thoughts Despite being oft characterised as such, G 2/21 was not really about plausibility ( IPKat ).

Invention 70

Invention Art Publishing Patent 70

LexBlog IP

DECEMBER 15, 2022

Nothing says Holiday Season like the final public Federal Trade Commission meeting of the very long year. 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.”

Privacy 52

Privacy Technology Publishing Reporting 52

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

AUGUST 4, 2021

231 [2018], Final, Administrative Division, Beijing, of the Higher People’s Court of Beijing Municipality): For the understanding of signs or their constituent elements, it is necessary to avoid placing non-general meanings on them based on external factors such as occasion and context, or through deduction or association, etc. While the ‘???’

Intellectual Property 62

Intellectual Property IP Law Registration 62

LexBlog IP

MAY 2, 2023

The AI Bill of Rights is a voluntary, non-binding framework, but federal agencies likely will consider it as they craft guidance and requirements regarding the development and use of artificial intelligence. This Guidance covers some important topics. ” AI RMF 1.0 The AI RMF 1.0

Government 52

Government Business Copyright Licensing 52

LexBlog IP

MAY 31, 2023

The Federal Circuit made clear, however, that it did not address at the time the topic of human-and-AI joint inventorship, i.e., “Moreover, we are not confronted today with the question of whether inventions made by human beings with the assistance of AI are eligible for patent protection.” ” Id. jurisprudence.

Inventor 40

Inventor Patent Application Invention Patent 40

The IPKat

MARCH 21, 2024

The UPC CoA also noted that the patent covered in situ methods but provided no particular guidance on how the invention may be carried out in this specific setting, effectively placing the patentee in a sufficiency-inventive step squeeze. The UPC CoA was not convinced by this argument. 10x Genomics were ordered to pay costs of €7 million.

Invention 57

Invention Art Patent Licensing 57

SpicyIP

JANUARY 20, 2024

Finally, the IP teaching/research environment began to flourish. Thanks to Prashant Reddy for his input and guidance on the topics related to India’s IP history. This workshop also produced syllabi for basic and advanced courses on IPR which would be introduced in the graduate and post-graduate curricula. But did it?)

Government 112

Government IP Intellectual Property Reporting 112

The IPKat

AUGUST 1, 2022

Final thoughts The letter from epi reveals its considerable frustration with the EPO: "epi has tried to engage with the EPO on several levels, and with different people and different departments, regarding the new ST.26 26 standard. 26 standard. It appears that the EPO has decided that it will implement ST.26

Patent Application 82

Patent Application Patent Copying Publishing 82

LexBlog IP

AUGUST 28, 2023

To date, while the Federal Circuit has reviewed and ruled on many computer-implemented inventions, the Federal Circuit has yet to provide significant guidance involving artificial intelligence (AI), which is, of course, one of the fastest-growing fields of computer technologies in modern times. See in re Starrett , 2023 U.S.P.Q.2d ” Id.

Invention 52

Invention Patent Application Art Patent 52

LexBlog IP

JANUARY 21, 2022

Yesterday’s sole topic for the monthly public Federal Trade Commission (FTC) meeting was identity theft. It is unclear why we needed a meeting to discuss this since the FTC has had an excellent website dedicated to identity theft for many years and has been providing education and guidance about the issue for decades.

Reporting 40

Reporting Artwork Registration Government 40

The IPKat

FEBRUARY 23, 2023

Emphasis added) In addition, the SPC provides judicial guidance in the (PD Interpretation). Finally, returning to the origin of punitive damages, we see terms like ‘exemplary’ and ‘deterrence’, targeting similar conducts in the future. For those who are interested in this topic, the chapter might be a fun read.

Settlement 70

Settlement Patent Infringement Patent Intellectual Property 70

LexBlog IP

SEPTEMBER 20, 2022

For some time now, dark patterns have been quite the trending topic for both marketers and privacy professionals. And outside this country, the European Data Protection Board issued some interesting guidelines on the topic. A bipartisan group of lawmakers introduced legislation called the DETOUR Act that would ban dark patterns.

Reporting 52

Reporting Privacy Advertising Advertising 52

LexBlog IP

SEPTEMBER 9, 2022

Director Vidal highlights four different topics as they relate to the duty of disclosure standard: 1. In the final section of the notice, the notice provides an overview of recent case law demonstrating how the duty of disclosure should be consistent across all government agency proceedings. Who Has a Duty to Disclose.

Government 52

Government Intellectual Property Marketing Marketing 52

Kluwer Copyright Blog

OCTOBER 5, 2022

Finally, the Defendant submitted an argument that relied on the decision in Response Clothing being wrongly decided. He also declined to simply ‘make a finding’ so that the matter could be appealed for further guidance from the Court of Appeal on the issue. Conclusion. by Alexander Puutio. €

Artistic Work 93

Artistic Work Copyright Copyright Law Designs 93

Michael Geist

APRIL 6, 2022

There isn’t much guidance on what any of this means, so there is a plausible case that it extends far beyond just Google and Facebook to include services such as Twitter, LinkedIn, Apple News, and Bing among others. If unable to reach an agreement, the bill provides for a final offer arbitration process administered by the CRTC.

Government 98

Government Business Journalism Marketing 98

43(B)log

FEBRUARY 24, 2021

Made in US: final assembly/processing and all significant processing in the US, and all or virtually all ingredients/components are made/sourced in the US. Federal guidance on green claims like recyclable exists, and self-regulatory code/guidance specific to environmental claims. Chemence, Feb.

Advertising 40

Advertising Advertising Law Privacy 40

Kluwer Copyright Blog

OCTOBER 2, 2023

The goal is to collect factual information and relant views toadvise Congress on national and international issues on the topic. Finally, the bill introduces a taxation system applicable in instances where AI creates works derived from untraceable origins, to benefit the relevant collective management organization.

Copyright Law 75

Copyright Law Law Copyright Copying 75

Kluwer Copyright Blog

AUGUST 13, 2023

The UK approach focuses on guidance for specific sectors and risks. Despite the various regulatory approaches, litigation is starting to emerge due to the inherent uncertainty of the topic. Finally, it appears that OpenAI intentionally removed CMI from the Plaintiffs’ works in violation of 17 U.S. Code § 103 and 106.

Copyright 98

Copyright Derivative Work Copying Copyright Infringement 98

Fish & Richardson Trademark & Copyright Thoughts

APRIL 1, 2022

Director review has not been a panacea for parties facing adverse final written decisions from the board. On June 29, 2021 and July 1, 2021, just days after the Supreme Court decided Arthrex , the PTAB issued guidance on its “implementation of an interim Director review process” and conducted a webinar regarding the same.[4]

Patent 52

Patent Art Technology Law 52

Kluwer Copyright Blog

MAY 9, 2023

TLDR Generative AI is one of the hot topics in copyright law today. Introduction Generative AI is one of the hot topics in copyright law today. These are briefly examined below, with the caveat that the version examined was leaked and is not final. ( The legal regime for Inputs in EU Copyright Law [ N.B.

Copyright 138

Copyright Fair Use Copyright Law Law 138