Hugh Stephens Blog

AUGUST 22, 2023

On August 3, almost 30 organizations,[i] representing 50,000 Canadian writers, visual artists and publishers released an open letter to newly appointed Heritage Minister Pascale St. Onge urging her to tackle “meaningful copyright reform”. That is the code-word for the need to end the current free-riding by the education sector–elementary, secondary and post-secondary–in Canada (outside Québec) … Continue reading "When will the Trudeau Government act on Promised Copyright Reform

Government 246

Government Copyright Publishing 246

Plagiarism Today

AUGUST 22, 2023

YouTube partners with Universal on AI issues, Content ID scammer sentenced to 46 months and Soulja album pulled over copyright issue. The post 3 Count: Content ID Scam appeared first on Plagiarism Today.

Plagiarism 221

Plagiarism Copyright 221

IP Tech Blog

AUGUST 22, 2023

U.S. businesses and investors may be subject to new compliance requirements for outbound investments in certain technology sectors pursuant to U.S. President Joe Biden’s Executive Order (“EO”), titled “Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concerns,” and the corresponding the Advance Notice of Proposed Rulemaking (“ANPRM”) issued by the Treasury Department.

Technology 98

Technology Blogging Business IP 98

Plagiarism Today

AUGUST 22, 2023

A court recently found that an AI cannot hold copyright on the work it creates. Here's why that doesn't actually matter. The post The Fight to Own AI-Generated Content is Just Starting appeared first on Plagiarism Today.

Plagiarism 210

Plagiarism Copyright 210

Speaker: Blackberry, OSS Consultants, & Revenera

Software is complex, which makes threats to the software supply chain more real every day. 64% of organizations have been impacted by a software supply chain attack and 60% of data breaches are due to unpatched software vulnerabilities. In the U.S. alone, cyber losses totaled $10.3 billion in 2022. All of these stats beg the question, “Do you know what’s in your software?

Technology

IP Watchdog

AUGUST 22, 2023

On August 18, the owner of the APPLE JAZZ trademark filed an opposition to Apple’s motion to amend its trademark application for the mark APPLE MUSIC with the Trademark Trial and Appeal Board (TTAB). In its motion, the tech giant asked the TTAB to allow the company to remove “live performance services, as well as related services,” from the application.

Music 98

Music Trademark Litigation Intellectual Property 98

The IPKat

AUGUST 22, 2023

Normal 0 false 21 false false false DE X-NONE X-NONE In an earlier post , this Kat discussed the seemingly narrowing scope of protection of figurative marks in EU trade mark practice. While the EUIPO and General Court rather easily considered figurative signs to be confusingly similar in the past, the pendulum seems to swing too far to the other side now as the following case shows.

Art 96

Art Registration Designs Design 96

IP Law 360

AUGUST 22, 2023

As the generative artificial intelligence landscape rapidly changes, there have been several important intellectual property law developments in the courts and from the U.S. Copyright Office that affect copyright and patent strategy, say attorneys at Faegre Drinker.

Intellectual Property Law 75

Intellectual Property Law Law Intellectual Property IP 75

TorrentFreak

AUGUST 22, 2023

On July 23, 2023, the High Court in Auckland, New Zealand, put a company called Bitcache Limited into liquidation. Founded on July 28, 2016, Bitcache Limited was the legal entity behind Kim Dotcom’s Bitcache, an upcoming blockchain/crypto solution set to revolutionize the utility of Bitcoin through the introduction of cost-effective microtransactions.

Reporting 81

Reporting Technology Ownership Law 81

IP Law 360

AUGUST 22, 2023

Christina Stylianou and Gregg Clifton at Lewis Brisbois compare the College Athletes Protection and Compensation Act and the Protecting Athletes, Schools, and Sports Act — two of the latest bills introduced to federally regulate publicity rights for the name, image and likeness of college student-athletes.

74

74

Christopher Roser

AUGUST 22, 2023

Work standards are a key component to continuous improvement. A standard is a tool that (if used correctly) prevents drifting away from a best-practice approach to do a task. Hence, I sometimes read that everything needs a standard. However, I don’t quite fully agree with this. Let me tell you when standards are helpful, and. Read more The post When to Use Standards…and When Not first appeared on AllAboutLean.com.

68

68

Advertiser: IPO

Women and diverse employees have the technical skill and knowledge, yet their contributions are not patented at the same rate as those of their male counterparts.This toolkit can help organizations move the needle on achieving gender parity in innovation.

Patent

IP Law 360

AUGUST 22, 2023

Federal copyright officials said a tattoo artist's contributions to a pair of designs made them able to be protected by copyright law, the latest dustup in an intellectual property dispute between the artist and the maker of the NBA 2K video game series.

Artistic Work 72

Artistic Work Copyright Intellectual Property Copyright Law 72

The Trichordist

AUGUST 22, 2023

Universal adopts the premise that artists and songwriters need to be at the table that we learned from frozen mechanicals–but there’s more.

75

75

IP Law 360

AUGUST 22, 2023

The chair of a Chinese semiconductor maker testifying in a federal criminal trial over allegations it conspired with a Taiwanese company to steal trade secrets from U.S.-based Micron couldn't explain on cross-examination Wednesday how a third-party auditor was able to confirm its memory technology was free of stolen intellectual property.

Intellectual Property 52

Intellectual Property IP Technology 52

Likelihood of Confusion

AUGUST 22, 2023

Now Marty Schwimmer’s doing “roundups” too. Only more compelling proof that we shouldn’t! Originally posted 2011-08-15 13:25:18. Republished by Blog Post Promoter The post The Week That Was This Week appeared first on LIKELIHOOD OF CONFUSION™.

Blogging 52

Blogging 52

LexBlog IP

AUGUST 22, 2023

Kerson v. Vermont Law School, Inc. (2023 WL 5313521, 2d Cir. August 18, 2023) Artist Samuel Kerson painted two large murals directly onto the walls inside a building on the campus of Vermont Law School. Kerson intended the works to depict the United States’ sordid history with slavery and Vermont’s participation in the abolitionist movement.

Art 52

Art Moral Rights Law Intellectual Property 52

JD Supra Law

AUGUST 22, 2023

Since ChatGPT was released in November 2022 by OpenAI and quickly followed by other generative artificial intelligence (GenAI) platforms from other providers, they have been almost constantly in the news. GenAI are algorithms that can create newly generated content, such as text, images, videos, audio, and even computer codes, in response to prompts input by the user.

Copyright 52

Copyright 52

LexBlog IP

AUGUST 22, 2023

In what appears to be the first court opinion to weigh in on the copyrightability of AI-generated art, the District of D.C. has blessed the Copyright Office’s position to date: only works created by humans deserve protection under the U.S. Copyright Act. Thaler v. Perlumtter , Case No. 22-cv-1564 (D.D.C. Aug. 18, 2023). As we discussed in a prior post , The Copyright Office issued guidance earlier this year in connection with attempted registration of a comic book entitled “Zarya of the Dawn.

Art 52

Art Copyright Registration Designs 52

JD Supra Law

AUGUST 22, 2023

Axonics, Inc. v. Medtronic, Inc., Appeal Nos. 2022-1532, -1533 (Fed. Cir. Aug. 7, 2023) In this week’s case of the week, the Federal Circuit re-affirmed existing precedent that in inter partes review proceedings before the Patent Trial and Appeal Board, a petitioner must be permitted to respond to any new claim construction proposed by the patent owner or by the Board following institution of proceedings.

Patent 52

Patent 52

LexBlog IP

AUGUST 22, 2023

Le financement de l’Office de la propriété intellectuelle du Canada (OPIC) repose entièrement sur les frais de service, lesquels n’ont pas été majorés de façon importante depuis 2004. Au cours des 19 dernières années, de nombreux facteurs, notamment la hausse de l’inflation, les règlements salariaux et les investissements en capital essentiels, ont réduit les revenus de l’OPIC et entraîné des déficits d

Intellectual Property 52

Intellectual Property 52

IP Watchdog

AUGUST 22, 2023

Following years of infringement litigation over its patented wireless chip technologies, the California Institute of Technology (Caltech) has recently enjoyed a pair of settlement outcomes pointing to the strength of the research university’s patent holdings. The accused technologies in those cases overlap with other Caltech patent suits currently pending, which could presage further settlements recognizing the value of the university’s R&D activities.

Settlement 52

Settlement Technology Litigation Patent 52

Copyright Alliance

AUGUST 22, 2023

It’s that time when teachers are busy preparing for the new school year. In developing curricula for students, teachers often wonder how copyright law applies to them when they incorporate […] The post 4 Tips to Navigating Copyright Law for Educators appeared first on Copyright Alliance.

Copyright Law 52

Copyright Law Copyright Law Business 52

IP Intelligence

AUGUST 22, 2023

According to Docket Navigator, 2022 was the first year since 2019 that the annual number of new patent cases fell below 5,300. [1] Before 2019, the annual number of new cases had not been below 4,300 since 2011. [2] It is estimated that 2023 will see an even sharper decline, to only 4,350 new cases – a number that we have not seen for over a decade. [3] Compared to 2020 and 2021, last year had approximately 200 fewer new patent litigation proceedings in the U.S.

Litigation 52

Litigation Patent 52

JD Supra Law

AUGUST 22, 2023

On August 18, 2023, the U.S. District Court for the District of Columbia granted summary judgment in favor of the U.S. Copyright Office, holding that digital artwork created “autonomously” by an artificial intelligence program lacked human authorship and thus was not copyrightable. Thaler v. Perlmutter et al., 1:22-cv-01564 (D.D.C. Aug. 18, 2023).

Artwork 52

Artwork Copyright 52

Stock Legal Blog

AUGUST 22, 2023

You suddenly receive numerous customer complaints about your company’s top selling product. You learn your supplier secretly changed the materials in a key component of your product, and the product now performs below expectations which is costing your company substantial revenue.

Business 52

Business Litigation 52

JD Supra Law

AUGUST 22, 2023

Partner Dan Shores will present a webinar titled "The mRNA/Lipid Nanoparticle Competitive and Litigation Landscape" for Medmarc, the leading expert in the products liability risks facing medical technology and life sciences companies. The webinar will take place on September 27, 2023, at 2 pm ET. The event is free of charge and open to the public. By: Rothwell, Figg, Ernst & Manbeck, P.C.

Litigation 52

Litigation Technology 52

The IPKat

AUGUST 22, 2023

While there is still time to enjoy the last month of summer , here are the latest opportunities in the IP field. Assimilate IP Image via Pexels Assimilate IP is offering a series of training courses given by webinar and IPKat readers are very welcome to a 10% discount on the registration fees by adding ‘IPKat’ in the registration form. The upcoming training courses are listed here.

Intellectual Property 52

Intellectual Property Confidentiality IP Licensing 52

JD Supra Law

AUGUST 22, 2023

On August 18, 2023, in Thaler v. Perlmutter, Judge Beryl A. Howell of the U.S. District Court for the District of Columbia granted the U.S. Copyright Office's motion for summary judgment, affirming the Copyright Office's decision that a work generated entirely by AI with no human input is not copyrightable. The court's holding is consistent with the Copyright Office's prior guidance issued in March 2023, reaffirming that copyright only protects material that is the product of human creativity.

Copyright 52

Copyright 52

Patently-O

AUGUST 22, 2023

by Dennis Crouch The Supreme Court’s landmark 1950 decision in Graver Tank & Mfg. Co. v. Linde Air Products Co. , 339 U.S. 605 (1950) is one of the court’s most cited patent cases. The decision established important guideposts for applying the doctrine of equivalents (“DOE”), including consideration of the prior art and a focus on the substantiality of differences.

Patent Prosecution 52

Patent Prosecution Patent Invention Art 52

JD Supra Law

AUGUST 22, 2023

GlaxoSmithKline Biologicals SA and GlaxoSmithKline LLC (collectively, “GSK”) recently filed suit in the District of Delaware against Pfizer, Inc. alleging that Pfizer’s respiratory syncytial virus (“RSV”) vaccine ABRYSVO infringes four U.S. patents covering GSK’s rival RSV vaccine, AVREXY.

Patent Infringement 52

Patent Infringement Patent 52

LexBlog IP

AUGUST 22, 2023

Can a petitioner’s reply in an IPR proceeding present new arguments and evidence responding to a proposed claim construction first raised in the patent owner’s response? In Axonics, Inc. v. Medtronic, Inc. , Nos. 2022-1532, 2022-1533 (Fed. Cir. Aug. 7, 2023), the Federal Circuit answered in the affirmative, vacating the PTAB’s final written decision of no unpatentability and remanding for further proceedings.

Art 52

Art Patent Intellectual Property 52

JD Supra Law

AUGUST 22, 2023

You may have seen online images that were created using artificial intelligence (AI) and wondered whether copyright law protects the artist’s efforts. In most instances, apparently not. A recent landmark decision by the United States Copyright Office holds that copyright protects only human-made works.

Copyright Law 52

Copyright Law Copyright Law 52

The IPKat

AUGUST 22, 2023

This is a review of Poorna Mysoor ’s Implied licences in copyright law (Oxford University Press, 2021). As the title suggests, this book consists of a detailed analysis and explanation of instances where it is possible to imply a copyright licence in response to or as a defence to an allegation of copyright infringement. The book which contains 12 chapters presented in three parts; 1) Conceptual Foundation, 2) Rationalising conceptual frameworks within copyright doctrine, and 3) Application of c

Copyright Law 52

Copyright Law Copyright Law Contracts 52

JD Supra Law

AUGUST 22, 2023

The Unified Patent Court (UPC) recently announced the appointment of 21 new technically qualified judges (TQJ) to the pool of judges of the pan-European court. The new TQJs are mainly judges from technical courts and IPOs of the various participating member states and will work part time for the UPC. The appointment will greatly improve the availability of suitable TQJs for cases in which TQJs from private practice or in-house departments are unavailable according to the UPC code of conduct.

Patent 52

Patent 52

The TTABlog

AUGUST 22, 2023

With the recent departure of Judges Karen Kuhlke and Linda A. Kuczma and the addition of Judges Thomas L. Casagrande, Wendy Boldt Cohen, and Jennifer E. Elgin, the Board’s membership now stands at twenty-seven (27) Administrative Trademark Judges. The current roster is set forth below, beginning with Chief Judge Gerard F. Rogers and Deputy Chief Judge Thurmon, and then proceeding alphabetically.

Trademark 52

Trademark Law Copyright 52

JD Supra Law

AUGUST 22, 2023

It seems that nowadays you can’t open an internet browser without seeing multiple stories about Artificial Intelligence (AI). While AI has existed for many years, the advent of large language models and generative AI such as ChatGPT and subsequent integrations with popular websites and applications truly changed the game.

52

52