April, 2022

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The Growth of AI in Plagiarism Detection

Plagiarism Today

Earlier today, the Israeli-based plagiarism detection service Copyleaks announced a new $6 million round of funding to help them further develop their product. Though a relative upstart in this field, being founded in 2013, Copyleaks has been making steady progress both in their product and their business. Much of that success and interest is based upon the fact their product is powered by artificial intelligence.

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Introducing: the Building a Bold Bold Brand Wheel

Erik K Pelton

The are 8 mail types of word tools for creating bold brand names. See my new visual below to lean about the meaning tricks, sound tricks, and combination tricks to help make bold brands. You can read more details about all of these in the Building a Bold Brand book at Amazon. The post Introducing: the Building a Bold Bold Brand Wheel appeared first on Erik M Pelton & Associates, PLLC.

Branding 264
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World IP Day: IP and Youth-Innovating for a Better Future (Kidovate as an Example)?

Hugh Stephens Blog

This year the theme of World Intellectual Property (IP) Day, April 26, is “IP and Youth: Innovating for a Better Future”. As the World Intellectual Property Organization (WIPO) puts it; “Across the globe, young people are stepping up to innovation challenges, using their energy and ingenuity, their curiosity and creativity to steer a course towards … Continue reading "World IP Day: IP and Youth-Innovating for a Better Future (Kidovate as an Example)?

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BREAKING: Article 17 of the DSM Directive is VALID

The IPKat

Let there be light! Nearly 3 years after the Republic of Poland lodged its action (C-401/19) against the European Parliament and the Council requesting that the Court of Justice of the European Union (CJEU) annul Article 17 of the DSM Directive – in part or as a whole – due to an alleged conflict with the EU Charter of Fundamental Rights and its Article 11 (freedom of expression and information), this morning the Grand Chamber of the CJEU ruled that Article 17 is VALID.

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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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1337x.to is Unreachable After Domain Name Expired (Updated)

TorrentFreak

For many seasoned BitTorrent users, 1337x.to is a familiar name. The site has been around for fifteen years and is a home to many reputable uploaders. Over the years 1337x has steadily climbed through the ranks. With millions of daily visits, it is one of the most popular torrent sites , trailing only behind YTS.mx and The Pirate Bay. At the time of writing, the site is hard to reach though.

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Just How Extreme is Bill C-18?: It Mandates Payments For Merely Facilitating Access to News

Michael Geist

Bill C-18, the Online News Act , is less than 48 hours old, but the more you examine the bill, the worse it gets. My previous posts unpacked why the general policy is bad for press independence and competition as well as why the bill features a misguided attempt to require payments for links. Yet the bill requires an even deeper look since it goes far beyond “compensating journalists when they use their content” (as Prime Minister Justin Trudeau said yesterday in the House of Commons

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Cybersquatting Web3 Domain Names

Traverse Legal Blog

There are new domain extensions in Web3, including.crypto,eth, and.nft. What happens when someone registers your trademark or personal name on these web3 extensions? There are two videos in this web3 domain squatting educational series. Both videos are linked in the description below for easy navigation and reference. Watch video one below. This is a ‘one of kind’ video series on token squatting.

Branding 140
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Copyright References in the Budget: Good Intentions Are Welcome but Early Action is Needed

Hugh Stephens Blog

Last week I discussed the copyright needle buried in the 2022 Canadian budget haystack, a reference to impending legislation to amend the Copyright Act to fulfill Canada’s obligation under the USMCA/CUSMA to extend its term of copyright protection from the life of the author plus 50 years to “life plus 70”.

Copyright 246
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Article 17 of the DSM Directive is valid: an early take on today’s Grand Chamber ruling

The IPKat

Censored. As The IPKat reported earlier today, nearly 3 years after the Republic of Poland lodged its action (C-401/19) against the European Parliament and the Council requesting that the Court of Justice of the European Union (CJEU) annul Article 17 of the DSM Directive – in part or as a whole – due to an alleged conflict with the EU Charter of Fundamental Rights and its Article 11 (freedom of expression and information), this morning the Grand Chamber of the CJEU ruled that Article 17 is compa

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Music Industry Flags Discord and Reddit as Primary Piracy Threats

TorrentFreak

Following the example of the United States, the EU started publishing its very own piracy watchlist a few years ago. This ‘Counterfeit and Piracy Watch List’ is put together by the European Commission. As in the US, it relies on stakeholder groups to nominate several problematic sites and services for inclusion. The third iteration of the EU watchlist will be published towards the end of the year and several interested parties have already submitted their nominations.

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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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March 2022 Roundup of Copyright News

Copyright Alliance

In the month of March, the U.S. Copyright Office published several final rules related to the copyright small claims court while various U.S. courts weighed in on several closely watched […]. The post March 2022 Roundup of Copyright News appeared first on Copyright Alliance.

Copyright 140
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How to Defeat an AI-Powered DMCA Scam

Plagiarism Today

On April 13, Ben Dickson at The Next Web received an email from a lawyer with the name Nicole Palmer with the subject “DMCA Copyright Infringement Notice”. The letter was courteous and said that Dickson had used an image without permission. They were happy to have the image used, but simply wanted attribution back to the source. Dickson, however, began to investigate and found that he had obtained the photo from a free stock photo site, one that doesn’t require attribution.

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IP Reveries: Class 1 – IPR: A Tantalising Term or Troubling Terminology?

SpicyIP

IP Reveries: Class I – “IPR” – A Tantalising Term or Troubling Terminology? Swaraj Barooah & Lokesh Vyas. The introduction to this new series is laid out in a previous blogpost here. If you haven’t already, please read that to help make sense of this new series! Fair warning, this introductory post is longer than usual but we hope it makes for some easy Sunday reading!

IP 136
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How Did News Media Canada Get Bill C-18? The Lobbying Records Tell the Story

Michael Geist

Bill C-18, the Online News Act , represents a massive win for News Media Canada, the lobbying arm for news organizations such as Postmedia and Torstar. After obtaining hundreds of millions in taxpayer support with programs such as the Local Journalism Initiative (made permanent in Budget 2022), the Journalism Labour Tax Credit, and the Digital Subscription Tax Credit, the organization set its sights on the Internet platforms.

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The Louboutin/Amazon cases (C-148/21 and C-184/21) and primary liability under EU trade mark law

The IPKat

Merpel will be also spending the weekend shopping for (stiletto heel) shoes Last year The IPKat reported on a new referral to the Court of Justice of European Union (CJEU) from Luxembourg’s Tribunal d’arrondissement, asking whether the operator of a hybrid marketplace could be considered directly liable for trade mark infringement due to the presence of third-party listings of infringing goods on its platform.

Law 138
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DuckDuckGo Removes Pirate Sites and YouTube-DL from Its Search Results

TorrentFreak

Launched in 2008, search engine DuckDuckGo is a go-to service for Internet users who value their privacy. Unlike many competitors, the site doesn’t keep a record of users’ IP addresses or other sensitive information. In recent years, the site also stood out by returning cleaner results than competitors such as Google, which actively alters its algorithms to downrank pirate sites.

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Enablement at the USPTO

Patently-O

by Dennis Crouch. I was reading recent PTAB ex parte cases looking to see how the Office is handling enablement questions. The first three cases I read all involved the same setup: The examiner made a rejection that that the PTAB suggests might have been better suited as an enablement rejection. For example, in Ex Parte Sugimoto (PTAB 2022), the PTAB explained that “the Examiner conflates enablement with indefiniteness.” The PTAB then noted similar sentiment in Ex parte Nunes (PTAB

Art 133
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New York Times Editorial Board Lobs Unfounded Criticism at Patent System, Iancu

IP Watchdog

The New York Times Editorial Board over the weekend penned an op-ed charging that the U.S. Patent and Trademark Office (USPTO) has “devolved into a backwater office that large corporations game, politicians ignore and average citizens are wholly excluded from.” The piece calls for an overhaul of the U.S. patent system and for new USPTO Director Kathi Vidal and Congress to “seize the opportunity…to modernize and fortify the patent system.

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IP Reveries – An Introduction

SpicyIP

Intellectual Property Rights – a fascinating ‘subject’ that inadvertently touches upon so many aspects of our day to day life, whether we’re conscious of it or not. A few decades ago, even most lawyers wouldn’t have been able to clearly explain what a patent is. Fast forward to today, and while there’s still plenty of misunderstanding – patents, copyrights, trademarks, inventions, innovations, 4th industrial revolution, etc have all become buzzwords!

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Managing IP Americas Awards 2022: all the winners revealed

Managing IP

We hosted the first instalment of the 17th annual Managing IP Awards to celebrate remarkable IP achievements by law firms and in-house teams in the Americas region

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When a vampire not called Dracula bested the copyright system, and what it tells us about derivative works

The IPKat

This Kat has never been much into vampire lore, although our youngest did convince his parents to purchase the full set of episodes for Buffy, the Vampire Slayer. Vampires have been accused of many things over the centuries. But for IP types, perhaps their most notable accomplishment was the revenge that they took upon the copyright system. Last month marked one hundred years since the first screening in Berlin of the iconic vampire movie — Nosferatu: A Symphony of Horror.

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Sci-Hub Only Option For Academics In Russia After Major Publishers Pull Out

TorrentFreak

While historical and geopolitical ambitions sit at the heart of the war in Ukraine, cynical disinformation and denial of knowledge allowed it to happen and now fuel its momentum. When used responsibly, the internet should provide mechanisms to counter these evils. In Russia, however, the state has decided that only its narrative is correct and anyone stating otherwise faces website blocking and up to 15 years in prison.

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Standing in Trademark Opposition and Cancellation Proceedings

Patently-O

by Dennis Crouch. In a recent filing, Brooklyn Brewery (Brewery) indicated plans to take its trademark opposition/cancellation case to the US Supreme Court. The key constitutional question involves when a TM challenger has Article III standing to appeal an adverse TTAB decision. The issues are parallel to those faced on the patent side by unsuccessful Inter Partes Review (IPR) petitioners who attempt to appeal that loss.

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IP Stakeholders Cheer as Senate Finally Confirms Vidal to Head USPTO

IP Watchdog

The U.S. Senate confirmed Kathi Vidal as the next U.S. Patent and Trademark Office (USPTO) Director Tuesday night in a voice vote. Vidal’s confirmation comes after more than one year with no Senate-confirmed Director or Acting Director at the agency. Drew Hirshfeld has been operating under the title of “Performing the Duties and Functions of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO” since January 2021.

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Awareness Workshop on Patent Oppositions in the Pharmaceutical Field [April 20-22; Apply by April 15]

SpicyIP

We’re pleased to inform you that Inter University Centre for IPR Studies (IUCIPRS), CUSAT and Third World Network are jointly organising a free Beginners’ Awareness Workshop on Patent Oppositions in the Pharmaceutical Field from 20th to 22nd April, 2022. For further details, please see the announcement below. Beginners’ Awareness Workshop on Patent Oppositions in the Pharmaceutical Field.

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Gilead and ViiV Healthcare Settle Global Patent Dispute for Over $1B USD

IPilogue

Photo by Memed Nurrohmad ( Pixabay ). Brandon Pierre is an IPilogue Writer and a 1L JD Candidate at Osgoode Hall Law School. . In a dizzying exception to an exception of a rule, the case of Gilead ’s HIV drug bictegravir underscores the value of a well-planned legal strategy. ViiV Healthcare (“ViiV”), majority-owned by GlaxoSmithKline (“GSK”), claims that Gilead’s bictegravir (sold under the brand name “Biktarvy”) directly copied its dolutegravir’s formulation under U.S.

Patent 120
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EPO Board of Appeal maintains functional epitope antibody genus claim (T 1964/18)

The IPKat

Antibodies may be defined in a patent claim by their amino acid sequence, by their target (epitope) and/or their functional characteristics. Functional and epitope antibody claims can capture a whole class ("genus") of antibody therapeutics, whereas sequence claim language captures a far narrower field molecules. A recent Board of Appeal decision confirmed that genus antibody claims are not only allowable, but when put to the test, can survive appeal ( T 1964/18 ).

Art 130
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DuckDuckGo ‘Restores’ Pirate Sites and Points to Bing as Culprit

TorrentFreak

It’s not a secret that Google and Bing are tweaking their search results to accommodate copyright holders. However, it was a surprise to see that pirate and related sites also started to disappear from DuckDuckGo, as we reported last week. An initial review revealed that the official domains for sites such as The Pirate Bay, Fmovies, and YouTube-DL were no longer showing up.

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Doctrine of Equivalents in Patent Litigation

Patently-O

15 years ago, several studies announced the “death of the doctrine of equivalents” post Festo. The chart below shows that courts have continued to write opinions about the DOE, and there have been several major cases where the doctrine was an important element of the patentee’s win.

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German Decision Could Provide an Answer to AI Inventorship

IP Watchdog

Germany’s Federal Patent Court has set aside a decision by the country’s Patent and Trademark Office (DPMA) that refused a patent application naming an artificial intelligence (AI) as the inventor. The decision was first rendered in November 2021 following oral argument, but the fully written opinion was only delivered March 31, and was published in German on the court's homepage on April 19, 2022.

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The Curious Question of Who Is An “Any Person” Part 2: Where’s The Data?

SpicyIP

Image from here : This two part series looks at a case from late 2020, dealing with pre-grant oppositions. The first part questioned the relevance of educational and professional qualifications of pre-grant opposition filers, in context of the literal and contextual interpretation of ‘any person’ in the existing legislation requiring an expansive reading.

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3D Marks Remain a Dubious Subject at the EUIPO

IPilogue

Photo by Brittney Weng ( Unsplash ). Pankhuri Malik is an IPilogue Writer and an LLM Candidate at Osgoode Hall Law School. . EOS Products (“EOS”), the U.S. based proprietor of the egg-shaped lip balms since 2009 , has failed in its attempt to have the shape of its lip balm registered as a three-dimensional (“3D”) trademark before the European Union Intellectual Property Office (“EUIPO”).

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Trade Secrets in Intellectual Property Rights (IPRs)

Kashishipr

In today’s highly competitive working environment, almost every other individual knows what Intellectual Property (IP) is and that the protection of IP assets is a matter of paramount importance. Patents, copyright, and trademarks have been the most widely recognized forms of IP to date; however, there are other forms as well, including geographical indications and industrial designs, which have been gaining attention in the past few decades.

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Sky Tries to Remove ‘Pirate’ IPTV App “CucoTV” from GitHub

TorrentFreak

With 70 million users and over 200 million code repositories, GitHub is the largest online developer platform of its kind. The site is used by individual coders and large organizations to host visually any piece of code imaginable. In addition, GitHub pages can also be used as a hosting service for websites. While most projects are perfectly legitimate, there are some that attract negative attention.

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The Art Critic’s Role in Fair Use

Patently-O

by Dennis Crouch. Andy Warhol Foundation v. Goldsmith (Supreme Court 2022). Although Warhol is dead, his art, legacy, copyrights, and potential copy-wrongs live on. In the 1980s, Warhol created a set of silkscreens of the musician Prince. Prince did not personally model for the prints. Rather, Warhol worked from a set of studio photographs by Lynn Goldsmith.

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