IIPRD

APRIL 8, 2024

This is a major point of contention in the realm IP laws today whether or not AI can be given the said rights and protections under law. And then further questions like if given protection under IPR, will that be fair to the initial creators, whose works were used without consent or licensing to create these so-called novel art pieces?

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Art Artwork Intellectual Property Copyright Law 52

SpicyIP

JANUARY 1, 2024

The Assistant Controller of Patents and Designs – A Reasoned Judgement or Inherently Contradictory? Image from here Despite noting the lack of clarity on the concepts of “technical effect” and “contribution” in the context of the patentability of CRIs, the DHC in Microsoft v. Other Posts Microsoft Technology Licensing LLC V.

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Intellectual Property IP Licensing Copyright 105

Patently-O

JANUARY 22, 2024

Feb 6 12noon EST – Debating Design Patent Obviousness – Streaming via Suffolk – Free Event ( REGISTER HERE ) : The Federal Circuit has not held an en banc rehearing in a patent case since before COVID. The first one (and only one on the docket) is the important design patent obviousness case of LKQ v.

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Design Patent Government Designs Design 63

LexBlog IP

NOVEMBER 1, 2023

The White House Executive Order on AI (“EO”) is comprehensive and covers a wide range of topics. One of the topics which raises many legal issues, particularly with generative AI (“genAI”), is intellectual property. We provided a summary here. It addresses many of the risks and problems that can arise with AI.

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IP Intellectual Property Copyright Invention 52

IP and Legal Filings

FEBRUARY 2, 2024

To provide security and prevent this, Indian law has established protection for marks and symbols with religious connotations; hence, if a mark includes anything that might offend a certain class of people or segment of the public due to their religious sensibilities, protection may be denied to such a mark [4].

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Trademark Law Trademark Law Service Mark 94

The IPKat

FEBRUARY 16, 2024

The IPKat has received and is pleased to host the following guest contribution by Katfriend Anna Pokrovskaya (RUDN University, Intellectual Property Center “Skolkovo”) reviewing current debates in the US and the EU on the role that Artificial Intelligence (AI) may play in patentability considerations. Code § 103 ). US , 850 F.

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The IPKat

SEPTEMBER 22, 2021

Intellectual Property and Artificial Intelligence On 27-29 October 2021, it will then be the time of another online conference devoted to the topic of Intellectual Property and Artificial Intelligence. It will be delivered in 3 afternoon (CEST time zone) sessions.

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Intellectual Property Copyright Law Intellectual Property Law Designs 70

SpicyIP

OCTOBER 19, 2023

In the past, much like intrepid time travelers, we journeyed through the months of June , July , and August , uncovering how some stories like the Mashelkar Report, the National Biotechnology Regulatory Authority (NBRA) Bill, the Whistleblower Act, or the Indian “Bayh Dole” Bill, unfolded with time.

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Patent Prosecution Reporting Blogging Patent 59

IPilogue

AUGUST 5, 2021

Psilocybin, an active compound in what is commonly known as “magic mushrooms”, is currently listed under Schedule III of Canada’s Controlled Drugs and Substances Act. Under this Act , it is illegal to possess, obtain, or produce psilocybin without a prescription or licence. Patenting Psychedelics: Novelty and Non-Obviousness.

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Patent Invention Journalism Ownership 59

The IPKat

JANUARY 22, 2023

CIPA Student Conference 2023 The Chartered Institute of Patent Attorneys will host this conference on 27th April 2023 in Birmingham, covering soft skills training, exam and post-qualification guidance, PCT for EQE candidates, mental health and wellbeing, and others to be confirmed. We’re two thirds there… through January!

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Social Media Intellectual Property Marketing Marketing 67

The IPKat

JANUARY 28, 2024

Copyright and maps is not a topic that I would have predicted as such, but what I found in this book, in this context, with Alexander’s style and delivery, was a new lens with which to view familiar concepts in a refreshing and fascinating way.

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Copyright Social Media Publishing Intellectual Property 67

IPilogue

DECEMBER 2, 2021

As part of the course requirements, students were asked to write a blog on a topic of their choice. On June 28, 2021, the College of Patent Agents and Trademark Agents (CPATA) was established and began operating to regulate patent and trademark agents.

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The IPKat

APRIL 25, 2024

The IPKat has received and is pleased to host the following guest contribution by Katfriends by Adrian Aronsson-Storrier and Oliver Fairhurst (both Lewis Silkin) on protectability of AI-generated outputs under UK copyright. Does UK copyright law protection extend to computer-generated works which are not original?

Contracts 73

Contracts Artistic Work Copyright Copyright Law 73

SpicyIP

AUGUST 2, 2021

Topical Highlight. Parliamentary Standing Committee Report on IPR: Tipping the Scales of Patent Law? Continuing our posts on the Parliamentary Standing Committee Report, I wrote a II-part post on the Report’s recommendations on patent law reform. Part I and II. Other Posts.

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Reporting Designs Design Copyright 116

The IPKat

DECEMBER 5, 2021

The Ordinance came into effect back in 1997 and incorporates a substantial part of the Copyright, Designs and Patents Act 1988 of the UK. Three Potential New Issues for Further Studies The consultation paper also addresses the following three potential areas for further studies:- Extension of the term of copyright protection.

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Copyright Government Reporting Copyright Infringement 122

Kashishipr

JANUARY 12, 2022

Therefore, the prime role of such hashtags needs to be assessed in line with the Trademark Law to deduce whether they qualify for trademark protection. Protecting a hashtag can be a good marketing strategy as it enables businesses to connect and reach a wider audience that enjoys the same kind of goods or services.

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Trademark Registration Registering Trademarks Social Media 105

IP Tech Blog

JANUARY 4, 2023

Securing the right IP protection for an NFT will be key to its successful commercialization and exploitation by the creator and its owner. In this blog post we examine how copyright is leveraged to protect NFTs, both in the US and China, with a comparative approach that elucidates both the challenges and potential solutions.

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IP Ownership Non-Fungible Tokens Copyright Law 109

LexBlog IP

FEBRUARY 7, 2024

So far, a significant proportion of cases involving AI have centred around privacy, data protection intellectual property issues. 12] Another question that has garnered significant attention relates to the patenting of an invention created by an AI system (and, similarly, the copyright in content created by AI). 2] Ibid , at para.

Publishing 52

Publishing Government Litigation Inventor 52

The IPKat

FEBRUARY 16, 2022

17 of the Copyright DSM Directive on uses of copyright-protected content by certain internet platforms (the so-called “online content-sharing services providers”, OCSSPs). 60 provides that notices may only be sent through an attorney-at-law or a patent attorney. This includes Art. The decision to transpose Art. 60 of 5552-4.

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Art Copyright Law Designs 104

SpicyIP

NOVEMBER 8, 2023

Since living cells and products of nature are often involved in these inventions, clarity regarding patent eligibility is becoming more important. The discovery, development and patenting of biologics has been historically tied to the ‘product of nature’ question under patent law. CLS Bank Int’l. Kibow Biotech Inc.,

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Invention Patent Art Patent Law 69

Kluwer Copyright Blog

DECEMBER 1, 2021

On 29 October 2021, the UK Intellectual Property Office launched a public consultation looking at how the copyright and patent regimes should deal with artificial intelligence. This is not the first time the UKIPO has engaged with a public call for views on the topic of AI and IP. Photo by Rock’n Roll Monkey on Unsplash.

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IP Inventor Invention Intellectual Property 70

IPilogue

JANUARY 14, 2022

This article summarizes the top developments reported on our blog and in patents, trademarks, and copyright law in 2021. Patents and the Magical World of Psychedelics by Bonnie Hassanzadeh. Introducing the College of Patent Agents & Trademark Agents. First Time Interpreting Patent Agent Privilege. David Vaver.

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IP Copyright Infringement Inventor Intellectual Property 106

Nelligan Law

AUGUST 8, 2022

Intellectual property is the overarching term for rights that flow from these intangible ideas, with different categories of rights and protections contained within it. This is different from a patent, which helps to protect inventions (like creating a new tool). Why is IP important? So, why does any of this matter? Non-compete.

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Intellectual Property Invention Ownership Contracts 75

The IPKat

FEBRUARY 21, 2022

As many of our readers know one of the most recurrent tax-related topics that come into discussion in the IP field is the so-called Patent Box (sometimes also - more properly - defined as the Innovation Box since it is not all about patents ). The Patent Box was introduced in Italy in 2015. 50 of 24.4.2017).

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Designs Design Patent IP 70

TorrentFreak

NOVEMBER 20, 2023

Conducted by the Culture, Media and Sport Committee, the inquiry invited submissions from stakeholders on numerous topics, including the identification of barriers to maintaining and increasing overseas investment. For the major Hollywood studios of the MPA, IP protection and piracy remain key issues.

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Cinema Intellectual Property Television Government 98

The IPKat

OCTOBER 29, 2021

Following on from this, the government has today - Friday 29th October - announced the launch of a new consultation specifically on how the copyright and patent systems should deal with?AI. and IP: Consultation on copyright and patents legislation This consultation?is Submit your views before 7th January 2022. is seeking?evidence

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Copyright IP Intellectual Property Patent 98

Trademark and Copyright Law Blog

DECEMBER 1, 2021

While patents and trademarks often receive the lion’s share of an organization’s intellectual property focus, copyrights comprise a critical third prong to a healthy overarching IP strategy – even for companies whose products and services involve little or no content creation. Topics Discussed. How and when to register copyrights.

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Copyright Content Creation Intellectual Property Copyright Law 40

LexBlog IP

JANUARY 31, 2023

Protection of AI-Generated Content Content that is wholly created by AI is not copyrightable or patentable. This is because copyright law requires a human author in order to be eligible for protection. The same is true for patent protection, where the 2022 case of Thaler v. ” (Emphasis ours). .”

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IP Copyright Law Copyright Intellectual Property 52

The IPKat

APRIL 26, 2022

A Kat preparing a full report of his naps Events OxFirst - "The Influence of Women in IP: Women and the Unified Patent Court" - 28 April 2022, online OxFirst will host an online event on 28 April 2022 from 4:00pm to 5:00pm CEST to discuss the role and influence women will have in the game-changing Unified Patent Court.

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Intellectual Property Registration IP Branding 67

Technology & Marketing Law Blog

MARCH 8, 2024

The TRO acts like a supernotice compared to the traditional takedown notice: it targets sellers, not individual items; and it implicates their cash from all of their sales, not just the allegedly infringing listings. Emoji GmbH v. Schedule A Defendants My Declaration Identifying Emoji Co.

Trademark Law 98

Trademark Law Trademark IP Blogging 98

Kluwer Copyright Blog

FEBRUARY 28, 2024

Copyright law has always been an emotional topic. To repeat, copyright law is an emotional topic. However, there were several flaws in the way that the UKIPO constituted and operated the working group. Transparency and inclusivity Parties at these meetings (generally) do not get on well.

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Copyright Law Copyright Law Music 60

43(B)log

FEBRUARY 16, 2024

As you may or may not recall, §32 of the Lanham Act provides for a cause of action for infringement of registered marks; courts have read 43(a) to provide a similar cause of action for “unregistered marks”—matter that is not registered with the PTO but serves a trademark function of indicating source. Taco Cabana, from 1992.

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Trademark Fair Use Registration False Advertising 59

The IPKat

FEBRUARY 23, 2023

In that regard, punitive damages for IPRs infringements have found their places in, but not limited to, China’s Civil Code (CCC), Copyright Law, Trade Mark Law and Patent Law (see former IPKat posts here and here ). In April 2021, Jin sued Baijia store for patent infringement. 01125315.0 ). One month later, a settlement was reached.

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Settlement Patent Infringement Patent Intellectual Property 70

Art Law Journal

JUNE 30, 2022

When people find out that I am an Intellectual Property (IP) attorney, I am often battered with questions about the topic. Unfortunately, IP law has gotten so complicated that many people aren’t even sure which types of IP (copyright, trademarks, or patents) protects their creative work. That’s understandable.

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Intellectual Property IP Invention Designs 52

The IPKat

DECEMBER 11, 2023

Injunctions are all the rage in contemporary patent law. This week marks the publication of a book by the IPKat’s Dutch friend and former GuestKat Léon Dijkman on the hotly contested notion of the proportionality test in European patent law, accessible for free here. Oh, how times have changed.

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Patent Law Law Patent Invention 70

The IPKat

JULY 7, 2023

Moreover, it could act as a useful tool to mix technology and policy, especially given its eventual accessibility and inclusivity. Indeed, nowadays, while the “basics” of the Metaverse are done and patented, it was suggested that the focus should be shifted to the user experience to ensure its success.

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Reporting Music IP Intellectual Property 86

IP Tech Blog

AUGUST 22, 2022

Fashion brands, for example, are filing trademark applications in the US, Japan and the EU to secure protection for the use of their brands on digital projections of their apparel, shoes and accessories that are transacted in the Metaverse. We have specifically covered this topic in a previous blog. Other countries are lagging behind.

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Design Patent Designs Design Patent 57