Kluwer Copyright Blog

JANUARY 15, 2024

Over the last few years, the Australian government has been observing public consultations on AI and IP issues that have been conducted in other jurisdictions, especially in the UK and US, and listening to conversations happening among local stakeholders and academics. Which copyright issues has the Australian government been grappling with?

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SpicyIP

NOVEMBER 8, 2023

Jurisprudence around product-of-nature subject matter has significantly developed in jurisdictions such as the US and EU. But complementary DNA (cDNA) that is created with human intervention in labs was held to be patentable subject matter. CLS Bank Int’l.

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Biswajit Sarkar Copyright Blog

JULY 11, 2022

Due to the varied jurisdiction and the different rules that will be used, the parties to IP issues at the international level may be unable to file a court case. One of the most contentious topics in arbitration is the arbitrability of IP disputes. Arbitration as a concept is not new to the globe, but it does have certain issues.

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LexBlog IP

JULY 15, 2021

” The Supreme Court further recognized that “laws of nature, natural phenomena, and abstract ideas” are not patent-eligible subject matter under 35 U.S.C. As a result, the USPTO has requested comments from the public on 13 topics, which can be found at this link and are paraphrased and summarized below.

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IIPRD

APRIL 8, 2024

13] Since the status of Artificial Intelligence is not yet clear under our law or even in foreign jurisdictions the issue of imposing liability is also under contention. This still stands as an extremely contentious topic. The recent cases in the field raised multiple other questions as well.

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The IPKat

FEBRUARY 21, 2022

This Conference marks the 25th anniversary of the Boards of Appeal and will bring together leading intellectual property experts from multiple jurisdictions, representing a broad spectrum of professional interests with representatives from some of the leading IP offices, lawmakers, judges, academics, and lawyers. Registration is open here.

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Kluwer Copyright Blog

MARCH 19, 2024

The Cairo Economic Court, which possesses exclusive jurisdiction in all copyright-related matters was perfectly positioned, in this high-profile case, to unravel the intricacies of copyright infringement in the realm of art works under Egyptian law.

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The IPKat

DECEMBER 31, 2021

In the US, disclosures made by an inventor (or someone who obtained the subject-matter from the inventor), up to 1 year from the priority date, do not constitute prior art for the patent ( AIA 35 U.S.C. In the current system, for example, some jurisdictions only provide grace periods with respect to the national filing date.

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Kluwer Copyright Blog

MARCH 19, 2024

The Cairo Economic Court, which possesses exclusive jurisdiction in all copyright-related matters was perfectly positioned, in this high-profile case, to unravel the intricacies of copyright infringement in the realm of art works under Egyptian law.

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IIPRD

APRIL 3, 2024

This raises the question of IPR when the subject matter is a customary, conventional fashion piece. At the outset is it important to note that interpreting these legislations gives rise to uncertainty, one which forms the topic of discussion in the next section. Wouldn’t registering an IPR for such items stifle innovation?

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The IPKat

DECEMBER 28, 2021

The prohibition against double patenting prevents the grant of more than one European patent application having the same filing date and applicant, and directed to the same subject matter. Importantly, the decision in G 4/19 did not address the meaning of "same subject matter" for the purposes of determining cases of double patenting.

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The IPKat

OCTOBER 9, 2023

Especially the following remain the subject of complex negotiations until today: Should a national office be allowed to oblige applicants to disclose if the design makes use of traditional knowledge , traditional cultural expressions or genetic resources? This proved too optimistic, however.

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Technology & Marketing Law Blog

JULY 18, 2023

Yet contracts might — just might — be subject to additional restrictions, including from outside of contract law. While this is only the second appellate circuit to adopt this approach, the Second Circuit, having jurisdiction over New York State, hears a disproportionally high number of cases concerning copyright and contracts.

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The IPKat

DECEMBER 11, 2023

In the summer of 2021, Germany amended its patent act to make permanent injunctions in patent disputes subject to a proportionality test [Katpost here ] , and in its wake other European jurisdictions are wondering whether they should do the same. As a matter of fact, EU law requires as much. Participation is free of charge.

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Kluwer Copyright Blog

JUNE 8, 2022

This two-part blog post offers a reflection on the topic of content moderation and bias mitigation measures in copyright law. Part II 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. Image by Gerd Altmann from Pixabay.

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Copyright Lately

AUGUST 22, 2021

That’s because just two days after the case was filed, Southern District of New York Judge Valerie Caproni took the matter into her own hands. He’s since been suspended from practicing law in New York and various other jurisdictions. Also, I’m looking for future article topics! So, what do you think?

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Technology & Marketing Law Blog

APRIL 1, 2023

This ruling covers two key topics related to 512. Construing these allegations as true and in Service’s favor, Service subjectively believed that he possessed an ownership interest and that he never approved the Comedy Dynamics deal. Universal * 512(f) Claim Dismissed on Jurisdictional Grounds–Project DoD v.

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SpicyIP

AUGUST 2, 2021

Topical Highlight. In Part I , I covered the suggested amendments to Section 3 of the Patents Act which concerns the exclusion of certain subject matters from patent protection. A Parliamentary Standing Committee Report that Challenges the Fine Balances Within the IP System.

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Copyright Lately

JANUARY 23, 2023

Over the past week, the plaintiffs’ lawsuit has been the subject of thousands of articles which have largely parroted the complaint’s key talking point: that AI image generators are nothing more than “ a 21st-century collage tool that remixes the copyright works of millions of artists whose work was used as training data.”

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Kluwer Copyright Blog

FEBRUARY 22, 2022

We invited experts to offer a synthesis of empirical evidence catalogued on the Evidence Portal in response to 21 topical copyright questions of importance for the 21 st century. The public domain in copyright may be understood as works or other subject matter that can be used without rightsholder permission. Public Domain.

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The IPKat

JANUARY 9, 2022

Each speaker brought unique national and international perspectives across industries, technologies, and IP subject matter to the discussion. Along with the featured session were panels comprised of experts from the major jurisdictions to discuss various IP policy and practice areas. Adam Ernette (UIC) reports on the seminar.

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Patently-O

SEPTEMBER 26, 2022

I have subjectively ordered the cases with the most important or most likely cases toward the top. Topics: Enablement / Written Description (All three are biotech / pharma): 3 Cases; Infringement (FDA Labeling): 1 Case; Anticipation (On Sale Bar): 1 Case; Double Patenting (Still the law?) Apple Inc. ,

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The IPKat

NOVEMBER 27, 2023

Acquiescence is a topic of interest following the CJEU in Heitec (see Volume 9 ) and the UK Court of Appeal in Combe (see Volume 12 ). This one is almost certainly on its way to the Court of Appeal (where it has already been on an interlocutory matter covered in Volume 12 ). IPKat here and here.

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Biswajit Sarkar Copyright Blog

MAY 7, 2021

In the world of IP, blockchain technologies offer real-time possibilities for IP protection, evidence and registration at either the registry stage or in the court when it comes to questions of data security and privacy concerns – a hot topic of recent times. It also provides a cost-effective way to accelerate such processes.

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Biswajit Sarkar Copyright Blog

MAY 7, 2021

In the world of IP, blockchain technologies offer real-time possibilities for IP protection, evidence and registration at either the registry stage or in the court when it comes to questions of data security and privacy concerns – a hot topic of recent times. It also provides a cost-effective way to accelerate such processes.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In the world of IP, blockchain technologies offer real-time possibilities for IP protection, evidence and registration at either the registry stage or in the court when it comes to questions of data security and privacy concerns – a hot topic of recent times. It also provides a cost-effective way to accelerate such processes.

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IP Tech Blog

AUGUST 22, 2022

We have specifically covered this topic in a previous blog. However, the subject matter does not need to have industrially applicability in reality. Graphic image design that is “industrially applicable” means that multiple identical graphic images can be created (corresponding to “manufactured” in the case of article design).

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LexBlog IP

AUGUST 22, 2022

We have specifically covered this topic in a previous blog. However, the subject matter does not need to have industrially applicability in reality. Just having the potential is enough.

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IPilogue

JANUARY 10, 2022

As part of the course requirements, students were asked to write a blog on a topic of their choice. Over the next six weeks, we’ll release articles on the following topics. It is best to seek the advice of a patent professional who can advise on the specific needs of your invention and adapt it for each jurisdiction.

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IP Tech Blog

JANUARY 4, 2023

The challenge becomes even bigger if NFTs are to be commercialized, exploited, and protected in different jurisdictions and at the same time — particularly when those markets include China, where protection for a foreign NFT creator or exploiter may face unique challenges.

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Trading Secrets

JUNE 3, 2022

This blog post summarizes some of the significant decisions grouped by the hot topics below. Personal Jurisdiction in Trade Secret Cases. Defendants moved to dismiss for lack of personal jurisdiction. Just how much specificity a court should require of the plaintiff-owner is again a context-specific matter,” the panel wrote. “We

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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. This would make the US an appealing jurisdiction for companies to develop generative AI tools (as noted here ). From the output perspective, a number of copyright questions are relevant.

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LexBlog IP

AUGUST 31, 2021

In June 2017, Ericsson made another offer to license at 1% of the 4G device price, subject to a $1 floor and a $4 cap (i.e., Although Kennedy’s testimony may touch on the same general topic as Mills’s, Kennedy’s valuation was necessarily given for a different purpose and dealt with a distinct licensing situation.

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SpicyIP

JANUARY 2, 2022

This year, we have divided these developments into three categories: a) Top 10 IP Judgments/Orders (Topicality/Impact). We’ve tried to represent a diversity of subject matter also in this list, so we have a fair sprinkling of cases dealing with copyright, patents, trademarks, competition law etc. c) Top 10 Other IP Developments.

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The IPKat

DECEMBER 29, 2023

Trial F concerned the issues of whether Apple was permanently disentitled from relying on Optis’ ETSI undertaking and thus may be subject to an unqualified injunction and some of Apple's defences to this; the appeal from it will be heard by the UK Supreme Court. And the Birss rate in that Judgment (a combined royalty rate of 0.6%

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LexBlog IP

JANUARY 4, 2023

The challenge becomes even bigger if NFTs are to be commercialized, exploited, and protected in different jurisdictions and at the same time — particularly when those markets include China, where protection for a foreign NFT creator or exploiter may face unique challenges.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

LexBlog IP

JANUARY 16, 2024

Stated another way, how can a person wishing to use such content reasonably discover and avoid materials subject to an opt-out? One of the hurdles faced by AI developers that using synthetic data may help overcome arises under the EU Copyright Directive (the “Copyright Directive”). [1]

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