Wed.Oct 04, 2023

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Canva Launches New Suite of AI-Powered Design Tools

Plagiarism Today

The graphic design platform Canva has launched a dozen new AI-powered tools. But how well do they work and are they legal/ethical to use? The post Canva Launches New Suite of AI-Powered Design Tools appeared first on Plagiarism Today.

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Limiting Public Participation: Why No One Should Be Surprised at the CRTC’s Internet Services Registration Requirement Ruling

Michael Geist

The CRTC’s decision to require registration for a wide range of Internet sites and services that meet a $10 million revenue threshold, including podcasters, adult sites, and news sites, appears to have taken many Canadians by surprise. For anyone who closely followed Bill C-11, this was entirely expected given that the bill adopts an approach in which all audio and video content anywhere in the world is subject to Canada’s Broadcasting Act.

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3 Count: Meaner Girls

Plagiarism Today

Authors Guild sends open letter to AI companies, Russia prepares to ban VPNs from their own store and Paramount releases Mean Girls on TikTok. The post 3 Count: Meaner Girls appeared first on Plagiarism Today.

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Generative AI and Copyright – Some Recent Denials and Unanswered Questions

JD Supra Law

The growth of artificial intelligence (“AI”) and generative AI is moving copyright law into unprecedented territory. While US copyright law continues to develop around AI, one boundary has been set: the bedrock requirement of copyright is human authorship. Given this, it is clear in the US, AI alone cannot be an author. This bedrock principle was reinforced in two recent copyright decisions.

Copyright 142
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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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Plex Sued for Copyright Infringement by Press Agency

TorrentFreak

Plex is a multifunctional media software and service that allows users to easily access all of their entertainment in one place. The company was founded in 2009 and today boasts 16 million active monthly streaming users, making Plex a serious market player. Most people use the service for perfectly legitimate purposes. On the fringes, however, some users abuse the software to share pirate libraries publicly, a considerable thorn in the side for rightsholders.

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Resource Guide for the Copyright Office Artificial Intelligence Initiative

JD Supra Law

Using generative AI raises numerous copyright issues. In response, the US Copyright Office (USCO) has undertaken a new Artificial Intelligence Initiative (“AI Initiative”). This guide is a high level overview and a collection of materials relating to the AI Initiative. New Artificial Intelligence Initiative - On March 16, 2023, the USCO launched the new AI Initiative to examine the copyright law and policy issues raised by artificial intelligence (AI), including the scope of copyright in works.

Copyright 124

More Trending

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Real-world disputes in the virtual world

JD Supra Law

The laws that govern the metaverse are grounded in those of Planet Earth. Private civil laws relating to contract, tort, IP and data privacy all bite, as do criminal and regulatory laws. Where the difference lies is in their application to a new environment. “Good morning to everyone in Santa Marta, Magdalena, Colombia, this 15th day of February 2023.

Privacy 82
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Deputy Secretary of Commerce Don Graves Concludes Cybersecurity Trade Mission to the Republic of Korea and Japan

U.S. Department of Commerce

Deputy Secretary of Commerce Don Graves Concludes Cybersecurity Trade Mission to the Republic of Korea and Japan October 4, 2023 KCPullen@doc.gov Wed, 10/04/2023 - 10:39 Cybersecurity Export and investment promotion ICT Supply Chain From September 20 – 26, U.S. Deputy Secretary of Commerce Don Graves led 15 American companies on a Cybersecurity Trade Mission to the Republic of Korea and Japan following President Biden’s Trilateral Summit with President Yoon of Korea and Prime Minister Kishida of

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[Audio] Writer's Strike Ends, Actor's Strike Continues, Ed Sheeran, The MLC, NIL and more in Episode 161-Entertainment Law Update Podcast

JD Supra Law

In this latest episode of Entertainment Law Update film/tv lawyer Gordon Firemark and music/trademark lawyer Tamera H. Bennett cover a wide range of topics, including significant legal cases, new developments in the music industry, recent legislation, and the latest news from the writers' union. Here's a brief rundown of what you can expect: #Actors #Artificial Intelligence #Artists #ClassAction #Copyright #CopyrightInfringement #EntertainmentIndustry #EntertainmentLawUpdate #FilmandTVlaw.

Law 79
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Upcoming changes to the Madrid System

The IPKat

On 1 November 2023 and 1 November 2024 important changes to the Madrid System will enter into force. The most significant changes entering into force on 1 November 2023 are: Obligation to notify time limits and their calculation. Minimum time limit to respond to a provisional refusal. Consequences of failure of national trade mark offices to meet the new requirements concerning notifications of time limits.

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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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Federal Circuit Patent Watch: PTAB may make implicit finding of reasonable expectation of success if arguments are intertwined with motivation to combine

JD Supra Law

Precedential and Key Federal Circuit Opinions - BAXALTA INCOPORPORATED v. GENENTECH, INC. [OPINION] (2022-1461, 9/20/2023) (Moore, Clevenger, and Chen) - Moore, C.J. The Court affirmed a district court’s grant of summary judgment that claims were invalid for lack of enablement. Claim 1 of the asserted patent “cover[ed] all antibodies that (1) bind to Factor IX/IXa; and (2) increase the procoagulant activity of Factor IXa.”.

Patent 70
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Lapsed Licensing Agreement Ends IP Suit Against Broadcom

IP Law 360

A Third Circuit judge sitting in Delaware has thrown out infringement litigation against Broadcom Inc., saying the defunct company filing the suit lost its rights to enforce the patents four years ago, and is now trying to "slap a bandage on the gaping wound" at the "eleventh hour" to argue otherwise.

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Patent Poetry: Federal Circuit Rules on “Comparison Prior Art” in Design Patent Infringement

JD Supra Law

The Federal Circuit has ruled that “comparison prior art” used in infringement analysis in a design patent infringement must be applied to the same “article of manufacture” that is identified in the claim of the design patent.

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Inventor Profiles: Karikó, Weissman Earn Nobel Prize for Modifying mRNA and Paving Way for COVID-19 Vaccines

IP Watchdog

On October 2, the Nobel Assembly at Karolinska Institutet announced that Hungarian-American biochemist Katalin Karikó and American immunologist Drew Weissman were awarded the 2023 Nobel Prize in Physiology or Medicine for their discoveries related to modified messenger ribonucleic acid (mRNA) for use in vaccines. A critical part of the world’s response to the COVID-19 pandemic, mRNA vaccines were not an effective option until the pioneering work of these two scientists, one of whom faced conside

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Claim Construction: The Difference Between Using “The” and “A”

JD Supra Law

Patent attorneys regularly use indefinite articles (i.e., “a” or “an”) in claim drafting to introduce patent limitations. In Apple Inc. v. Corephotonics, Ltd., however, the Federal Circuit made a ruling that may require practitioners to think twice about using such articles, particularly when they could be used to later broaden the claims during an invalidity analysis.

Patent 68
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Did the Supreme Court Rule that the Copyright Act Bars Damages for Old Infringement – Or Was It Just Sloppy Drafting? 

IP Tech Blog

It seems the Supreme Court will decide (again) whether a claim for copyright infringement can extend to infringement that occurred more than three years before filing suit. In Warner Chappell Music, Inc. v. Nealy , the Supreme Court will resolve a classic circuit split – the Second Circuit holding that no damages can be obtained for acts of infringement older than three years, and the Ninth and Eleventh Circuits holding that a plaintiff can recover all of its damages if it commences litigation w

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Australian trade mark law: Defending your well-known brand with a defensive trade mark registration

JD Supra Law

Australia’s trade mark legislation provides trade mark owners with the ability to register (in certain circumstances) their well-known brands as ‘defensive trade marks’ in respect of particular goods and/or services, even if the owner of the mark has no intention of using the mark in respect of those goods and/or services.

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Precedential No. 28: TTAB Gives Opposer Leave to Correct Its Botched Notice of Reliance and Testimony Declaration

The TTABlog

In this Section 2(d) opposition to registration of the mark MOSAIC for "Collectible trading cards; Sports trading cards," Opposer RLP Ventures, appearing pro se, seriously botched its attempt to submit evidence and testimony. The Board struck RLP's notice of reliance but nonetheless allowed it to file an amended notice, and the Board re-opened RLP's testimony period so it could file a supplemental testimony declaration authenticating certain exhibits.

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Is It Possible to Copyright Works That Include AI-Generated Material?

JD Supra Law

The answer seems to be yes — but only when ‘authorship’ of the work can be attributed to a human. In August 2023, the US District Court for the District of Columbia ruled that an AI-generated work “absent any guiding human hand” is not protected by copyright (Thaler v. Register of Copyrights).

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The Supreme Court Again Declines To Reevaluate Subject Matter Eligibility of Diagnostic Claims

IP Intelligence

The Supreme Court seemed, at least to a small degree, interested in evaluating the subject matter eligibility of diagnostic claims when it requested that the respondents (Natera Inc. and Eurofins Viracor Inc.) respond to a petition for writ of certiorari filed by CareDx Inc. and the Board of Trustees of the Leland Stanford Junior University (collectively “CareDx”).

Patent 59
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UK IPO consultation on digital transformation: trade mark and design services

JD Supra Law

The UK Intellectual Property Office (IPO) has started a second consultation on proposed changes to trade marks, design rights and tribunal services, in relation to its "One IPO" digital transformation programme. The deadline for responding is 31 October 2023.

Designs 65
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Appeal Against NBA’s Order: Use Of Biological Resources For Research Purposes Amounting To Commercial Utilisation?

SpicyIP

Image from here In 2018, an Office of Memorandum (Memo) was passed by the Ministry of Environment, Forest and Climate Change directing the National Biodiversity Authority (NBA) to consider, on merit, the cases of entities/ persons, who were unaware of the provisions of the Biological Diversity Act and were using biological resources without approval.

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Prosecution Pointer 396

LexBlog IP

Inter partes review (IPR) replaces inter partes reexamination as an avenue for a third party’s patentability challenge and the provision in the AIA for inter partes review was effective on September 16, 2012.

Patent 52
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HSF Alumni Reunited in the Cayman Islands

Herbert Smith Freehills

The Herbert Smith Freehills Alumni Network is a thriving global community and recently, a group now based in the Cayman Islands, hosted their own reunion. The HSF Alumni network in the Cayman Islands met for drinks on Wednesday 6 th September at Vine & Tap in George Town. The on island network has grown to over 35 people, with representation from alumni who have between them spent time in the London, Paris, Tokyo, Hong Kong, Singapore, Dubai and various Australian offices.

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Amgen Analysis: An Emerging PTAB Threat For Bio/Pharma

LexBlog IP

Leveraging Written Description Vulnerabilities in IPR Bio/pharma patents are rarely targeted in IPR proceedings because their technical vulnerabilities often relate to written description and/or enablement. IPR, of course, is restricted in scope to only grounds of unpatentability that are based on patents and printed publications. And claims in the unpredictable arts, even when challenged in IPR, can be relatively tougher to invalidate as compared to patents in the predictable arts.

Art 52
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Upcoming Events

Patently-O

I have several public events coming up over the next few months that I’m looking forward to. I always enjoy the opportunity to connect with old friends and meet new people who are ready to dig into the details of intellectual property law. Let me know if you want to meet up. — Dennis AIPLA Annual Meeting – October 19-21, 2023 – Washington DC I’ll be joining a year-in-review plenary session on the final day of the AIPLA Annual Meeting moderated by Melissa Pytel of E

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Did the Supreme Court Rule that the Copyright Act Bars Damages for Old Infringement – Or Was It Just Sloppy Drafting? 

LexBlog IP

It seems the Supreme Court will decide (again) whether a claim for copyright infringement can extend to infringement that occurred more than three years before filing suit. In Warner Chappell Music, Inc. v. Nealy , the Supreme Court will resolve a classic circuit split – the Second Circuit holding that no damages can be obtained for acts of infringement older than three years, and the Ninth and Eleventh Circuits holding that a plaintiff can recover all of its damages if it commences litiga

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PTAB Tosses Claims In Brazos' Wireless Patent

IP Law 360

The Patent Trial and Appeal Board has thrown out various claims in a company's patent for wirelessly communicating data, finding that the challenged claims were anticipated or obvious over the prior art.

Patent 45
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Australian trade mark law: Defending your well-known brand with a defensive trade mark registration

LexBlog IP

Australia’s trade mark legislation provides trade mark owners with the ability to register (in certain circumstances) their well-known brands as ‘defensive trade marks’ in respect of particular goods and/or services, even if the owner of the mark has no intention of using the mark in respect of those goods and/or services. This unique feature of Australian trade mark law is not available in many other jurisdictions around the world.

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Trader Joe's Union Calls TM Suit Retaliatory In NLRB Charge

IP Law 360

Trader Joe's United hit the grocery store chain with an unfair labor practice charge with the National Labor Relations Board Wednesday, alleging the store retaliated against union workers by filing a trademark infringement lawsuit over the union's logo.

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The Parody Exception: Revisiting the Case for a Distinct Pastiche Exception

Kluwer Copyright Blog

Image by Alexa from Pixabay As succinctly noted by Susan Bischoff in a prior post , the ongoing legal saga surrounding the ‘Metall auf Metall’ case continues to yield legal insights. Presently, a new reference from the German Federal Court of Justice (BGH) asks the Court of Justice of the European Union (CJEU) for vital interpretive guidance concerning the parody exception within copyright law.

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Chewy's Patent Win Gives Fed. Circ. A Lot To Chew Over

IP Law 360

Judges on the Federal Circuit appeared frustrated by both sides when trying to decide Wednesday whether Manhattan's U.S. District Judge Jed Rakoff had enough evidence in front of him to throw out IBM's patent claims against pet goods retailer Chewy, with the top judge there warning an IBM lawyer that if he got a citation to the lower court case wrong, "we're going to have a further discussion that you're not going to like.

Patent 40
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CCC Celebrates Customer Service Week

Velocity of Content

CCC’s multi-faceted service operation provides our customers with hundreds of friendly, efficient, and personalized experiences, 24×7. I know because I am fortunate enough to manage that operation. We regularly analyze customer experience (CX) metrics to identify friction points and improve workflows so our customers can have the smoothest and best experience possible.

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Google Defeats Brazos In Patent Trial Via Directed Verdict

IP Law 360

A Texas federal judge on Wednesday issued a directed verdict in favor of Google LLC on the third day of a jury trial, finding that Google didn't infringe patents owned by Brazos Licensing & Development that cover location tracking technology, Google confirmed in a statement.

Patent 40
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Fendi, Marc Jacobs Ink Deal With Costume Co. To End TM Suit

IP Law 360

High-end fashion companies Fendi and Marc Jacobs have reached a confidential settlement with a clothing and costume company over claims that their clothing designs infringed "Roma" trademarks.