Thu.Jun 20, 2024

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Why AI Has a Plagiarism Problem

Plagiarism Today

Forbes accused Perplexity of plagiarizing their articles. ChatGPT regularly regurgitates text. Why is AI struggling with plagiarism? The post Why AI Has a Plagiarism Problem appeared first on Plagiarism Today.

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World Music Day 2024: The History of Music and Copyright

Copyright Alliance

From classical to hip-hop and metal to opera, music is a medium that unites people despite linguistic and cultural barriers. In celebration of World Music Day 2024, we recognize the […] The post World Music Day 2024: The History of Music and Copyright appeared first on Copyright Alliance.

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3 Count: Megan Thee Count

Plagiarism Today

Megan Thee Stallion lawsuit dismissed, Shein facing new regulations in the EU and Ghana warns against pirated movies on TV. The post 3 Count: Megan Thee Count appeared first on Plagiarism Today.

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Meta’s AI Arriving in Europe: Privacy Disputes Concealing Copyright Concerns

Kluwer Copyright Blog

Photo by Ricardo Gomez Angel on Unsplash Since 22 May 2024, Meta has notified to European users of Instagram and Facebook – through in-app notifications and emails – an update of its privacy policy, linked to the upcoming implementation of artificial intelligence (AI) technologies in the area. Indeed, the company already developed and made available some AI features and experiences in other parts of the world, including an assistant called “Meta AI” ( here and here ), built on a large language m

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Software Composition Analysis: The New Armor for Your Cybersecurity

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?

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Ghana Warns Local TV Stations Not to Air ‘Pirated’ Films

TorrentFreak

Copyright infringement is a global issue and Ghana is no exception. With broadband access on the rise, the country’s online piracy volume has grown by 100% over the past five years. Even households that don’t have decent Internet may inadvertently contribute to the problem. As it turns out, local TV stations regularly broadcast films without permission from rightsholders.

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Reusing Social Media Photos for Ads? Be Careful!–Khachatryan v. 1 Hotel

Technology & Marketing Law Blog

This case involves the following photo posted to the “ @brave_johnson ” Instagram account, which self-describes as the account of a 7-year old and lists 2 URLs for talent agencies: [Note: normally I would think carefully about posting photos of children, but this photo was posted to the public Instagram account depicting someone who claims to be a model and actor.

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Piracy Shield 2.0 IPTV Blocking Costs Will Be Paid By Italian Taxpayers

TorrentFreak

Like many sensible businesses, paying as little tax as legally possible is a priority for corporations in the entertainment and professional sports sectors. The difference with many of these giants is that some governments work quite hard to ensure that goal is met. In the UK, tax breaks are on full display at Companies House; when a foreign company engineers, let’s say, a £6 million annual loss when making a movie, the government swoops in with a tax bill that credits £6 million.

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How Associates Can Build A Professional Image

IP Law 360

As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.

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Understanding the Basics of International Lien Searches

Cogency Global

What this is : A lien is a legal right or interest that a creditor has in a property belonging to another person (debtor) as security for a debt or obligation. It essentially serves as a form of collateral that gives the creditor the right to take possession of the property or have it sold to satisfy the debt if the debtor fails to fulfill their obligations.

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USPTO's AI-Assisted Inventions Guidance Irks ABA IP Section

IP Law 360

The U.S. Patent and Trademark Office's guidance on when inventions developed using artificial intelligence can be patented generated criticism from the American Bar Association's Section of Intellectual Property Law, expressing concern that it could be detrimental as it "casts doubt on inventorship through general acts of human direction.

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IPO Diversity in Innovation Toolkit

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.

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Seedlings of Ideas For Artificial Intelligence: Learning From A Genetic Resources/Traditional Knowledge Treaty, The Plant Patent Act, & Nico Tanner

JD Supra Law

The World Intellectual Property Organization announced on May 24, 2024, a treaty on intellectual property, genetic resources, and associated traditional knowledge that was twenty-five years in the making. As WIPO’s press release noted, “[n]egotiations for this Treaty began at WIPO in 2001, initiated in 1999 with a proposal by Colombia, where discussions were notable for their inclusion of Indigenous Peoples as well as local communities.”.

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A Mid-Year Review of Prominent Patent Verdicts

IP Watchdog

As we near the halfway mark of 2024, we look back on some of the most prominent patent verdicts that have made the headlines. In 2020, 2021, and 2022, several patent owners obtained billion-dollar damages awards, whereas last year the largest award was $470 million. There have been several colossal nine-figure patent verdicts already this year—in a variety of district courts— although we have yet to see one in the ten-figure range.

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Navigating the Legal Landscape: Generative AI and Copyright Law

JD Supra Law

Generative artificial intelligence captivated the world in 2023 and is firmly positioned to remain center stage in the coming year. In the United States, the introduction and early-stage use of generative AI have been plagued with legal disputes and speculation. This presents challenges for companies protecting their generative AI innovations as well as for users understanding rights and risks associated with generative AI tools.

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Fresco removal might amount to moral rights infringement

The IPKat

The presence of works of art in the street or inside public buildings is nothing new. It's part of everyday visual life [ IPKat here , here and here ]. Exposing the tangible support of a work to the vagaries of the climate or destroying it outright, might however raise copyright issues, in particular regarding moral rights. A recent decision issued by the Douai Court of Appeal illustrates this issue.

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Protecting IP During Joint Development Projects: Agree on More than Non-Disclosure

JD Supra Law

As industry and markets have progressed, the technology they create has seen a commensurate increase in complexity. In practice, this results in the hyper-specialization of businesses so that they may continue to innovate at the rate needed to remain competitive. However, in many cases, the ultimate product a business may want to offer requires the integration of multiple systems devised by two or more specialized businesses.

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Patent Owners, Challengers Spar Over PTAB Rule Proposal

IP Law 360

The U.S. Patent and Trademark Office's scaled-back package of Patent Trial and Appeal Board rules has drawn a mixed reaction from legal and industry groups, which offered praise and concern about both the proposal and the topics it does not address.

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Fourth Estate Redux: Dismissal for Lack of Registration Not on the Merits

JD Supra Law

In the latest development of a complicated eight-year court battle regarding a copyright infringement claim, the US Court of Appeals for the First Circuit vacated and remanded the district court’s dismissal on claim preclusion grounds. The Court concluded that dismissal for failure to register the copyright was not “on the merits,” and therefore preclusion did not apply.

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[Guest post] Animated designs – revisited under current and future EU design law

The IPKat

The IPKat has received and is pleased to host the following guest contribution by Katfriend Henning Hartwig (Bardehle Pagenberg) on the status of protecting animated digital or virtual designs under EU design law. Here’s what Henning writes: Animated designs – revisited under current and future EU design law by Henning Hartwig According to Article 4(2) of the current Community Designs Implementing Regulation (CDIR), the representation of the design may contain no more than seven different views

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Redesigning Design Patent Validity

JD Supra Law

The U.S. Court of Appeals for the Federal Circuit sitting en banc recently overruled the long-standing test for determining obviousness of design patents in LKQ Corporation, Keystone Automotive Industries, Inc. v. GM Global Technology Operations, LLC. Almost immediately after the Federal Circuit handed down its opinion, the U.S. Patent and Trademark Office (the USPTO) issued new guidelines for the examination of design patent applications.

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TTABlog Test: Three More Section 2(d) Refusals For Your Review

The TTABlog

And the hits keep coming on Radio TTAB. Here are three recent Board decisions in Section 2(d) appeals. How do you think they came out? [Answers in first comment.] In re Sellersfunding Corp. , Serial No. 97231564 (June 17, 2024) [not precedential] (Opinion by Judge Peter W. Cataldo) [Section 2(d) refusal of the mark COMMERCEPAY for "Providing working capital financing to small businesses and small business owners; Accounts receivables financing; financing services" in view of the registered mark

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What Do You Meme? TFW Commercial Use Outweighs Fair Use

JD Supra Law

The US Court of Appeals for the Eighth Circuit affirmed a district court’s copyright infringement decision, finding that a congressional reelection campaign’s use of a popular meme to solicit donations was commercial in nature and therefore not fair use. Laney Griner v. King for Congress, Case No. 22-3623 (8th Cir. June 7, 2024) (Benton, Erickson, Kobes JJ.).

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Patent Office Elevates Acting Solicitor To Official Position

IP Law 360

The U.S. Patent and Trademark Office on Thursday announced that its longtime litigator Farheena Y. Rasheed has been appointed solicitor and deputy general counsel for the agency.

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U.S. Trade Representative Releases 2023 Special 301 Report

JD Supra Law

In April, Ambassador Katherine Tai, U.S. Trade Representative (USTR), issued the 2024 Special 301 Report. In a press release, the USTR stated that "[m]any of the issues highlighted in the Special 301 Report demand collaborative efforts from our allies and partners" and additionally, "[m]any of my counterparts share the goal of making sure that trade supports the interests of our people, and one of the most dangerous types of IP violations involves counterfeit goods that pose health and safety.

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Road to Nowhere: Parliament Breaks For the Summer With Little Accomplished on Digital Policy

Michael Geist

The House of Commons adjourned for the summer yesterday with most committees and House debate on hold until mid-September. The government talked up its accomplishments, but on the digital policy front there was little to promote. The government’s most controversial digital-related bills including online harms (Bill C-63) and privacy and AI regulation (Bill C-27) barely moved during the session, a function of badly bloated legislation that create at least as many problems as they solve.

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PTO Finalizes Rules Promoting Independence in PTAB Decision-Making

JD Supra Law

The US Patent & Trademark Office (PTO) announced a final rule concerning pre-issuance internal circulation and review of decisions within the Patent Trial & Appeal Board. The new rules are designed to bolster the independence of administrative patent judge (APJ) panels when issuing decisions and increase transparency regarding Board processes. 89 Fed.

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Finance Co. Asks Fed. Circ. To Read Its 1.4K Pages Of Evidence

IP Law 360

A patent outfit connected to a man behind one of the world's first money market funds says that a Texas court's decision to throw out a patent case against online stockbroker TD Ameritrade went against the weight of some "1,400 pages of credible evidence," and is something that the full Federal Circuit should look into.

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LKQ v. GM: PTAB and Examiner Guidance on Design Patent Obviousness from USPTO

JD Supra Law

Those following this blog knew change was coming to design patent obviousness in the LKQ v. GM decision by the en banc Federal Circuit. In its May 21, 2024 decision, the court overruled the long-standing Rosen-Durling test that required the primary reference must be “basically the same” as the challenged design, and any secondary references be “so related” that “features in one would suggest application of those features to the other.”.

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Rockwell Wins Treble Damages After $4M Gray Market Verdict

IP Law 360

A Delaware federal judge agreed Tuesday to award treble damages to Rockwell Automation, which is behind the Allen-Bradley brand of factory equipment, bringing its total recovery to nearly $9 million after a jury found it was owed more than $4 million in August.

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Are You Better Off Today Than You Were Five Years Ago? Selected comments on the MLC Redesignation: John Guertin of ClearRights

The Trichordist

The Copyright Office is soliciting public comments about how things are going with the MLC to help the Office decide whether to permit The MLC, Inc. to… Read more "Are You Better Off Today Than You Were Five Years Ago?

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Judge Backs Virgin Over Boeing In Clash Over IP Injunction

IP Law 360

A Virginia federal judge on Thursday ruled that Virgin Galactic can share allegedly proprietary Boeing documents with partner companies to help develop a space plane carrier aircraft, amid Boeing's breach of contract and misappropriation of trade secrets suit against Virgin.

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Eli Lilly Launches Round Of Diabetes Drug Suits

IP Law 360

Eli Lilly on Thursday hit various compounding pharmacies and medical spas in five states and the District of Columbia with suits saying that they trick consumers into thinking that they sell Eli Lilly medications that treat diabetes and obesity when actually they are copycats and are untested by the U.S. Food and Drug Administration.

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'Jetflicks' Piracy Trial Results In 5 Convictions In Las Vegas

IP Law 360

Following a trial that stretched on for half a month, a federal jury in Las Vegas convicted a group of people who were accused of making more than $1 million running an illegal streaming website called "Jetflicks.

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Theravance, Mylan Say Chinese Co. Copied COPD Drug

IP Law 360

Theravance Biopharma and Mylan Specialty have sued a Chinese drugmaker, alleging it copied Yupelri, one of its chronic obstructive pulmonary disease drugs, and infringed several patents in the process.

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Waffle Cone Cos. Settle TM War Over Chocolate-Filled Treats

IP Law 360

A maker of chocolate-filled waffle cone treats has resolved its claims against a rival over alleged trademark violations, according to a stipulation filed Thursday in New Jersey federal court.

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Flawed Fintiv Rule Should Be Deemed Overreach In Tech Suit

IP Law 360

A pending federal lawsuit over the U.S. Patent and Trademark Office's unilateral changes to key elements of the America Invents Act, Apple v. Vidal, could shift the balance of power between Congress and federal agencies, as it could justify future instances of unelected officials unilaterally changing laws, say Patrick Leahy and Bob Goodlatte.