Tue.Oct 25, 2022

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AI and Computer-Generated Art: Its Impact on Artists and Copyright

Hugh Stephens Blog

If you are not an early tech adopter, you may not have heard of, or heard much about, DALL-E 2.

Art 246
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Hannukah with the Blawgers – Blawg Review #191, 2008 (Archive post)

Likelihood of Confusion

[stextbox id=”info”]Note: This was first posted on December 12, 2008. On review in 2016, it became apparent that a great many of the links were dead. Considering the choice between. The post Hannukah with the Blawgers – Blawg Review #191, 2008 (Archive post) appeared first on LIKELIHOOD OF CONFUSION™.

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Alicante, Granada and La Coruña to compete as seat for the Spanish AI Agency

The IPKat

In early October, the Spanish government published the criteria for selection of the seat for the Spanish Agency for the Supervision of Artificial Intelligence (AESIA). Spain will thus become the first country in the European Union (EU) to set up a supervisory agency for artificial intelligence (AI). As its name implies, AESIA will supervise the creation, use and commercialisation of AI systems, especially those that might pose a threat to public safety or affect fundamental rights (such as the

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Record Labels Object to ‘Inflammatory’ Evidence from ‘Pro-Piracy’ Site Boing Boing

TorrentFreak

Three years ago, several of the world’s largest music companies including Warner Bros. and Sony Music sued Internet provider Grande Communications. The recording labels accused the Astound-owned ISP of not doing enough to stop pirating subscribers. Specifically, they alleged that the company failed to terminate repeat infringers. After several delays the trial is now in full swing, with both sides trying to convince the jury that their version of events is the correct one.

Music 121
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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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Study Finds That Americans Have the Wrong Impression About Intellectual Property

IP Close Up

An survey of more than 1,000 Americans from all walks of life has made clearer the extent to which people are confused about the purpose Continue reading.

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Osgoode Welcomes Professor Ruth L. Okediji: “The Paradox of Intellectual Property Injustice”

IPilogue

Emily Xiang is an IPilogue Writer, a Senior Fellow with the IP Innovation Clinic, and a 3L JD Candidate at Osgoode Hall Law School. Is technology’s rapid rise really a great equalizer for improving social welfare globally? . Professor Ruth L. Okediji is the Jeremiah Smith Jr. Professor of Law at Harvard Law School, where she teaches contracts, international IP, patents, copyright, and courses on Biblical Law.

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Open Access Week 2022: Open Access Resources You Should Know About

Velocity of Content

As uncanny — to some — as it may seem, the scholarly publishing world will soon be entering its third decade of cohabitation with the Open Access movement. The Budapest OA Initiative dates from February 2002. And a year from now, in October 2023, the milestone of 20 years since the issuance of the Berlin Declaration will be reached. We’ve all of us — authors, publishers, readers and others —learned to live within what might reasonably be described as a modest little revolution in publishing.

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Arbitration in Life Sciences Disputes: a View from New York

JD Supra Law

Life science companies are increasingly turning to international arbitration as a preferred dispute-resolution mechanism due to its confidentiality, comparative cost-effectiveness, and nearly universal enforceability. Evidence illustrates an uptick in arbitrations in the life sciences industry, with the International Chamber of Commerce reporting that health and pharmaceutical disputes have more than doubled between 2015 and 2020.

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Meta Beats Copyright Class Action Over Embedding Tool

IP Law 360

A California federal judge tossed a copyright suit lodged against Meta Platforms Inc. by a proposed class of content creators over its embedding tool, ruling that the creators didn't adequately show Meta knowingly removed copyright management information or infringed protected images.

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How to Reduce Your Lot Size Part 3—Customer, Machine, Leveling, and Tradition

Christopher Roser

This is the third and last post in my series on how to reduce the lot size. The first post gave some introduction and how to approach the problem of reducing lot sizes. The second post looked in more detail at how to reduce lot sizes due to changeovers, container size, and shipment size. This. Read more. The post How to Reduce Your Lot Size Part 3—Customer, Machine, Leveling, and Tradition first appeared on AllAboutLean.com.

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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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Speeding up trademark examinations

Nelligan Law

Reading Time: < 1 minute Since the implementation of the modernized Trademark Act , the Canadian Trademarks Office began accepting requests for expedited examination (as of May 3, 2021). This was welcome news to many given the significant delay at the Canadian Trademarks Office (2-3 years). In order to be eligible for expedited examination however, trademark owners must be able to meet at least one of the following criteria: A court action is expected or underway in Canada; The applicant is

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How the Unified Patent Court Will Shake Up the Landscape of Patent Courts Worldwide

IP Watchdog

The Unified Patent Court (UPC) plans to open for business on April 1, 2023. Its likely place among the world’s preeminent patent courts can be inferred, at least in part, from the territorial and subject matter jurisdiction of this novel court. In Europe, several courts enjoy established reputations for patent litigation, notably in France, Germany, the United Kingdom, Holland and Italy.

Patent 84
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The McKinsey Crossword: All In | No. 99

McKinsey Operations

Sharpen your problem-solving skills the McKinsey way, with our weekly crossword. Each puzzle is created with the McKinsey audience in mind, and includes a subtle (and sometimes not-so-subtle) business theme for you to find. Answers that are directionally correct may not cut it if you’re looking for a quick win.

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Booking.com Must Keep Fighting Ryanair's Data Scraping Suit

IP Law 360

A judge on Monday refused to throw out the bulk of budget Irish airline Ryanair's Computer Fraud and Abuse Act claims against Booking.com in Delaware federal court, finding that Ryanair has plausibly alleged that the travel company scrapes its data in violation of the law.

Law 81
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The heat is on: How public-sector leaders could drive net-zero goals

McKinsey Operations

Focusing on climate tech innovation, industrialization, and infrastructure could help public-sector leaders achieve national and global decarbonization goals.

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Destiny 2 Cheat Code Seller Wants Counterclaims Kept Alive

IP Law 360

Phoenix Digital is urging a Washington federal judge to keep alive its counterclaims of fraud and abuse in a lawsuit filed by Destiny 2 video game maker Bungie Inc., and said the company used "personal attacks" on the defendants because their underlying case has no merit.

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Transforming the EU retail and wholesale sector

McKinsey Operations

To capitalize on change, companies must invest in sustainability, digitalization, and skills and talent.

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Michel Calls Out CAFC for ‘Tremendous Failure’ to Provide Clarity on Eligibility Law

IP Watchdog

During IPWatchdog’s Life Sciences Masters 2022 today, Retired Chief Judge of the U.S. Court of Appeals for the Federal Circuit (CAFC) Paul Michel said a lot could be fixed by the CAFC itself with respect to patent eligibility law if it would just go en banc more often. “By my recollection the Federal Circuit hasn’t gone en banc on a major patent case in a decade,” Michel said.

Law 69
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Five charts on hydrogen’s role in a net-zero future

McKinsey Operations

Hydrogen has great potential as a carbon-free energy carrier. Here’s a look at the momentum behind this widely applicable technology.

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Tuesday Wonders

The IPKat

November is just around the corner and the next events and opportunities for IP enthusiasts are already here! " meanwhile the genius was sleeping " by extraterila is licensed under CC BY 2.0. EVENTS 27 October 2022 | 4iP Council: webinar " IP Waiver in pandemic times " (online) This webinar provides an overview of the challenges during the pandemic and the impact of the TRIPS waiver on innovation, global public health, global collaboration, the patent system, etc. and analyses which are the righ

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Author Talks: How to maintain a ‘Longpath’ mindset, even amid short-term crises

McKinsey Operations

Future-thinking strategist Ari Wallach provides a tool kit for acting less like a descendant and more like an ancestor.

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Book review: Competition Policy and the Music Industries

The IPKat

This is a book review of Competition Policy and the Music Industries, A Business Model Perspective by Jenny Kanellopoulou , Senior Lecturer in Law at Manchester Metropolitan University whose research focuses on intellectual property and competition policy. The book, Kanellopoulou explains in the introduction, was inspired by the 2010 merger of Live Nation and Ticketmaster to form Live Nation Entertainment Inc., the world’s first fully vertically integrated provider of live music entertainment.

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The Developing “Avoided Costs” Remedy in Trade Secret Litigation

JD Supra Law

Should a defendant found liable for stealing trade secrets have to fork over all of the research and development costs it theoretically avoided by misappropriating the secrets? Yes, according to the “avoided costs” theory of unjust enrichment that is gaining traction and resulting in large verdicts in DTSA and UTSA cases around the country.

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Germany: Patent litigation

IAM Magazine

The ‘silver bullet’ for patent owners is an infringement action on the merits, filed with one of the top German courts for patent infringement (ie, Dusseldorf, Mannheim or Munich).

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Pearls of Wisdom ? From the late Chester Porter QC's Autobiography "Walking on Water: A Life in the Law"

LexBlog IP

Having thoroughly enjoyed the interview of Chester Porter QC about his life in the law (the recording is online and available for free) it has been a pleasure to read his more thorough account in his autobiography “Walking on Water: A Life in the Law” This blog article attempts to extract some of the many “Pearls of Wisdom” from the autobiography of a veteran of more than 57 years in the law, 52 as a Barrister.

Law 52
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United States: Patent litigation

IAM Magazine

The various types of US patent tribunals – district courts, the ITC and the PTAB – are not bound by rulings from others of those bodies unless affirmed on appeal. Rulings from foreign jurisdictions typically have little persuasive value unless the issues under consideration are virtually identical.

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Quick (Kwik? Quik?) on the Draw

LexBlog IP

After moving to Wisconsin, I came to appreciate many things about Wisconsin culture, including the near-universal adoration of Kwik Trip. After a few visits to Kwik Trip, I realized that Kwik Trip was something I had experienced long before ever having been to Wisconsin. In my native state of Iowa, Kwik Trip had been present my whole childhood. The only difference is that I recognized it under the Kwik Star brand name.

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Japan: Patent litigation

IAM Magazine

Japanese courts have highly specialised divisions dedicated to IP-related cases. In particular, a chief judge of each division has extensive experience in patent infringement lawsuits.

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NCAA Athletes Seek Cert. In Antitrust Suit Over NIL Limits

IP Law 360

NCAA athletes have asked a California federal judge to certify multiple classes of Division I student athletes who are challenging the NCAA's name, image and likeness restrictions, arguing that their antitrust allegations can be resolved on a classwide basis.

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Italy: Patent litigation

IAM Magazine

There is no ‘bifurcation’ in Italy. The assessment of the validity of the rights and the discussion regarding infringement are usually handled together in the same proceedings. They are definitely handled together in cases in which the defendant files its counterclaims in the same proceeding.

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The FTC Explores Cracking Down on Junk Fees

LexBlog IP

In a recent press release , the Federal Trade Commission (“FTC”) announced that it would be exploring a rule to crack down on junk fees. A junk fee is a hidden fee that companies use to inflate costs. Junk fees can come in all shapes and sizes, including those to which consumers did not consent, those that misrepresent optional services or upgrades as mandatory , or charging for products that have little to no value.

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Brazil: Patent litigation

IAM Magazine

Brazilian judges have been increasing their IP-rights knowledge, especially regarding patents, because of the high number of disputes that have been brought by patentees. Additionally, there are courts specialised in IP matters, such as the state courts of Rio de Janeiro and Sao Paulo, where most litigation is filed.

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The FTC Explores Cracking Down on Junk Fees

Above the Fold

In a recent press release , the Federal Trade Commission (“FTC”) announced that it would be exploring a rule to crack down on junk fees. A junk fee is a hidden fee that companies use to inflate costs. Junk fees can come in all shapes and sizes, including those to which consumers did not consent, those that misrepresent optional services or upgrades as mandatory , or charging for products that have little to no value.

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Greece: Patent litigation

IAM Magazine

Only lawyers (ie, attorneys at law) who are members of a Greek bar association may represent parties before the Greek civil courts, without restriction. The complexity of most patent disputes makes it imperative that litigants entrust their cases to lawyers who specialise in IP protection.

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Trade Secrets/Non-Compete Quarterly Update - Q3 2022

JD Supra Law

Compared to Q1 and Q2 of 2022, Q3 was relatively slow with respect to trade secret legislation and significant restrictive covenant awards and/or case law. Still, and as described below, two new statutes require a company’s attention, the Federal government is remaining criminally, civilly and administratively active, and even law firms are not immune to trade secret allegations.