January, 2023

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The Wave of AI Lawsuits Have Begun

Plagiarism Today

The future of AI and copyright is still very uncertain. However, it looks like we may get some answers soon as the lawsuits are pouring in. The post The Wave of AI Lawsuits Have Begun appeared first on Plagiarism Today.

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Copyright Office Pilot Public Records System Mistakenly Reflects Cancellation of Registration for AI Graphic Novel

IP Watchdog

On Monday, January 23, the U.S. Copyright Office (USCO) Copyright Public Records System (CPRS) reflected that the registration for a graphic novel that was made using the AI text-to-image tool, Midjourney, had been cancelled. The Office has since clarified that the update was a system error (see above note). The USCO previously registered the work in September 2022.

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What is generative AI?

McKinsey Operations

Generative artificial intelligence (AI) describes algorithms (such as ChatGPT) that can be used to create new content, including audio, code, images, text, simulations, and videos. Recent new breakthroughs in the field have the potential to drastically change the way we approach content creation.

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[Guest post] New Ukrainian Law on Copyright and Related Rights

The IPKat

The IPKat has received and is pleased to host the following legislative update on the new Ukrainian Copyright Law from Kateryna Militsyna and Liubov Maidanyk (both Taras Shevchenko National University of Kyiv). Here's what Kateryna and Liubov write : New Ukrainian Law on Copyright and Related Rights by Kateryna Militsyna and Liubov Maidanyk Last year, the Ukrainian copyright reform got on its fast track.

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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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"A S LIVE FOREVER" Fails to Function as a Trademark, Says TTAB

The TTABlog

Despite the Supreme Court's ruling in Iancu v. Brunetti , deeming the "scandalous and immoral" provision of Section 2(a) unconstitutional, your run-of-the mill obscenities are going to face a difficult hurdle to registration: failure-to-function. Mr. Brunetti himself found that out last year when his attempt to register "F**K" failed to clear that hurdle. [ TTABlogged here ].

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Copyright as censorship right

Kluwer Copyright Blog

Time and again, authors use their copyright to prevent press publications they do not like. Such use of copyright to suppress press reporting interferes with the fundamental right of communication, which not only serves individual expression but also safeguards the existence of a democratic society. In light of fundamental rights, copyright law cannot allow the exclusive right to be used as a “censorship right” It must ensure that in cases of abuse of the exclusive right, a fair bala

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Darrell Issa Doesn’t Understand That He is the Problem

IP Watchdog

US Inventor is publicly opposing the appointment of Representative Darrell Issa (R – CA) to Chair the IP Subcommittee due to Issa’s record of IP reforms that are harmful to independent inventors and startups. To accomplish these IP reforms, Issa squelches the voices of independent inventors and startups while amplifying the voices of Big Tech and Chinese Communist Party (CCP) controlled multinationals.

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One billion days lost: How COVID-19 is hurting the US workforce

McKinsey Operations

COVID-19 may no longer be a pandemic, but the disease likely reduced the availability of the US workforce by as much as 2.6 percent in 2022—a burden on productivity that could last for years.

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Can Charlie Chaplin’s character “Charlot” be registered as an EU trade mark?

The IPKat

In the era of silent films, Charlie Chaplin did rise to become a worldwide icon through his screen persona, the Tramp ( Charlot in several languages). It may therefore come as no surprise that companies, to this day, attempt to monetize in his iconic image. In a decision (only available in French) issued a few days ago, the EUIPO upheld the Office’s objections after having established that the below figurative depiction of Charlot is not eligible for EU trade mark (EUTM) registration: Background

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Belarus Legalizes Piracy of Movies, Music & Software of ‘Unfriendly’ Nations

TorrentFreak

In 1994, a new Belarusian constitution led to a democratic presidential election from which Alexander Lukashenko emerged as the country’s leader. Lukashenko remains in power today due to a series of landslide election ‘victories’, a similar result in a referendum to remove presidential term limits, and the support of Russian leader Vladimir Putin.

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The Most Significant Copyright Issues Likely to Arise in 2023

Copyright Alliance

During the first few weeks of 2023, we took a look back at 2022 by summarizing the most important copyright-related court cases, U.S. Copyright Office activities, and legislation that commanded […] The post The Most Significant Copyright Issues Likely to Arise in 2023 appeared first on Copyright Alliance.

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CNET’s AI Plagiarism Debacle

Plagiarism Today

CNET was recently called out for using an AI reporter for dozens of its stories. Then it went from bad to worse with mistakes and plagiarism. The post CNET’s AI Plagiarism Debacle appeared first on Plagiarism Today.

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[Video] Data Governance for the BYOD Age

JD Supra Law

A significant portion of the workforce has adapted to working in today’s modern “office”— which includes working from a variety of locations (homes, corporate offices, coffee shops, airports, etc.) on any number of personal devices, including mobile phones, laptops, and tablets. But, have corporate information governance programs kept pace with this revolution?

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One billion days lost: How COVID-19 is hurting the US workforce

McKinsey Operations

COVID-19 may no longer be a pandemic, but the disease likely reduced the availability of the US workforce by as much as 2.6 percent in 2022—a burden on productivity that could last for years.

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Gold Standard test for novelty reigns supreme, even for subranges (T 1688/20)

The IPKat

The Board of Appeal decision in T 1688/20 rejects the usual tests for assessing the novelty of subranges, in favour of applying the Gold Standard test of novelty. In doing so, the Board of Appeal diverges from the established case law and Guidelines for Examination on the novelty of subranges. The Board of Appeals approach leads them to accept both the novelty and inventive step of a subrange that is very close to that of the prior art, and which has an overlapping technical effect with that of

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Top 10 Most Popular Torrent Sites of 2023

TorrentFreak

YTS remains at the top of the list in 2023, despite the fact that the site and its users were subjected to various lawsuits in recent years. The main YTS domain name continues to draw millions of visitors per day. That’s quite an achievement when considering that the site only lists movie torrents. The annual list of popular torrent sites features well-known brands, and this year there are some notable additions.

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Champagne’s Choice

Michael Geist

The Rogers-Shaw merger saga was always destined to end on the desk of Innovation, Science and Industry Ministry François-Philippe Champagne. The merger has followed a familiar pattern: the companies started with a plan to merge without any divestitures that never stood a serious chance of approval, followed by adopting the Bell-MTS playbook of divesting assets to the weakest possible competitor in Xplorenet.

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Issa is Not a Fit for IP Subcommittee Chairman

IP Watchdog

The House of Representatives’ Judiciary Committee—Subcommittee on the Courts, Intellectual Property and the Internet (IP Subcommittee) writes patent law and is responsible for other patent-related initiatives. A country’s patent laws directly affect its innovation economy. In a free-market economy, patent laws can boost or destroy incentives to invent and commercialize new things.

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Chair of the Intellectual Property Subcommittee

Patently-O

Most of the action in the House of Representatives begins in committees and subcommittees. Over the past several terms, patent law legislation and USPTO oversight have primarily been handled by the Judiciary Committee , and particularly the Subcommittee on Courts, Intellectual Property, and the Internet , with the subcommittee chair often driving the discussion and proposals.

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The metaverse: Driving value in the mobility sector

McKinsey Operations

Although a fully immersive, interconnected metaverse remains years away, mobility stakeholders can already capture real business value from the technologies designed to enable it.

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Parody under copyright and trade mark law: key guidance from Zorro. and the Italian Supreme Court

The IPKat

Zorro in the Brio Blu ad Last week, the Italian Supreme Court issued an important – if not truly seminal – judgment on the interplay between IP and freedom of expression ( decision 38165/2022, CO.GE.DI. International – Compagnia Generale Distribuzione s.p.a. v Zorro Productions Inc. ). In delivering its new judgment in the long-running (15+ years and counting!

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Sony Patents Anti-Piracy Blacklist for Smart TVs and Media Players

TorrentFreak

Over the past several decades, Sony has established itself as a leading player in the technology, music, film, and gaming industries. The Japanese company hasn’t shied away from taking on the competition, but one adversary has proven particularly difficult to overcome; piracy. Sony recognized this threat early on. At the Americas Conference on Information Systems in 2000, Sony Pictures Entertainment’s U.S. senior vice president Steve Heckler declared an all-out attack on piracy.

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Examining Oppositions: Time for a Deeper Look

SpicyIP

As some readers may have noticed, there was recently a report published by Hidayatullah National Law University, Raipur on patent oppositions. The report was also presented to DPIIT with suggestions on streamlining patent opposition process and enabling ease of doing business in India. We are pleased to bring to you a guest post by Sandeep K. Rathod critically assessing some key aspects of the report.

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Opinion: Restoring The Road Less Traveled – American Invention at a Crossroad

IP Watchdog

As Robert Frost poetically noted, two roads diverged in the woods he was exploring. One road was well trod, easy to traverse, and the other less traveled, difficult and getting weedy. Sadly, although Americans pride themselves on innovation, American innovation, particularly inventorship, is now the difficult road. Bad decisions made in previous forks in the road have gradually undermined the innovative spirit in our nation, but some inventors in Washington, DC, next week want to change course b

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Listen Up: My Recent Podcast Appearances on Bills C-11, C-18 and Canadian Copyright Law

Michael Geist

Parliament remains on break for most of the month of January, but that hasn’t cooled interest in Bills C-11 and C-18. I’ve appeared on several podcasts in recent weeks on these bills that may interest. Last week, I was pleased to appear on CBC’s Front Burner for an episode titled “Will Canada Make Web Giants Pay For News?”. The discussion with host Jayme Poisson focused on the implications of paying for links, the inclusion of the CBC in the system, and potential alternatives that would mitigate

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From tailwinds to crosscurrents: Resilient growth in wealth management

McKinsey Operations

A decade of favorable macroeconomic conditions and relatively easy growth has ended, signaling a new urgency for US wealth managers to rethink operating models and reenergize growth.

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What principles should guide African governments in realising the right to research in Africa?

The IPKat

In The right to research , Appadurai made the argument to “recognise that research is a specialised name for a generalised capacity, the capacity to make disciplined inquiries into those things we need to know, but do not know yet”. Since then, various scholars have aligned with the same or similar perspective of conceptualising research as an activity that goes beyond what one does or is able to do to what one has the qualities required to undertake.

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Four Genshin Impact Leakers Targeted in New Set of DMCA Subpoenas

TorrentFreak

With tens of millions of fans playing every month, Genshin Impact is a huge free-to-play gaming success story. While Genshin Impact publisher Cognosphere undoubtedly enjoys this global attention, some groups of fans are taking their enthusiasm a little too far. As revealed by TorrentFreak last December, Cognosphere is targeting gamers who leak Genshin Impact content to the public in advance of the company’s schedule.

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Indian government denies access to Covid 19 vaccine collaboration agreements

SpicyIP

The Indian government has refused to disclose its collaboration agreements and investments made in developing and procuring India’s Covid 19 vaccine – Covaxin, the Indian mRNA and intranasal vaccine candidates. Despite widespread public interest in these arrangements, the government has consistently rejected Right to Information (RTI) applications requesting this information.

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USPTO-FDA Listening Session: Patient Advocates Want Access, Patent Advocates Want Evidence

IP Watchdog

The U.S. Patent and Trademark Office (USPTO) and the Food and Drug Administration (FDA) today jointly held an all-day listening session featuring speakers from patient advocacy and industry groups, academia, and brand and generic pharmaceutical companies who weighed in on the relationship between patents and affordable access to medicines. The session was announced via a Federal Register Notice and request for comments on the subject, published on November 7, 2022, stemming from a joint July 202

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If You Ask Your Friend to Take Your Photo Using Your Camera, Who Owns the Copyright?–Shah v. NYP

Technology & Marketing Law Blog

Vivek Shah attended several Hollywood parties. While there, he preset the settings on his phone camera (including shutter speed, white balance, ISO, metering type, and exposure value) and asked friends or bystanders to use his phone to take photos of him with celebrities. He posted the photos to Facebook and his IMDB page ( this one? ). In 2012, the FBI arrested Shah for extortion, which sparked news coverage.

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What is ESG?

McKinsey Operations

Environmental, social, and governance (ESG) criteria are useful in measuring a company’s progress toward achieving social goals in addition to creating shareholder value.

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Confidentiality restrictions around clinical trials and prior public use (T 0670/20)

The IPKat

The recent Board of Appeal decision in T 0670/20 considered whether patients in a clinical trial were under conditions of confidentiality. The patent was for a tablet formulation that had been given to patients in a clinical trial conducted before the patent had been filed. The question became whether the patients could be considered members of the public, and whether their participation in the clinical trial therefore constituted prior public use of the formulation.

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An Update on AI Inventorship and Authorship Cases

Patently-O

by Dennis Crouch In 2022, the Federal Circuit held that an invention is only eligible for a US patent if a human conceived of the invention. Thus, no patents for invention wholly conceived by artificial intelligence. Thaler v. Vidal , 43 F.4th 1207 (Fed. Cir. 2022). Thaler’s petition for writ of certiorari to the US Supreme Court would have been due last week, but Thaler was able to obtain an extension with the petition now being due March 19, 2023.

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Twitter Hit With $228.9m Copyright Infringement / Repeat Infringer Lawsuit

TorrentFreak

Any platform that allows users to upload and share content runs the risk of some users uploading content for which they hold no rights. Under copyright law, platforms can limit liability for the actions of their users provided they respond to DMCA takedown notices in a timely fashion and suspend or terminate users who repeatedly infringe copyright. If a platform fails in either respect, rightsholders may attempt to hold it liable for infringements that it had the ability to stop, but failed to d

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Thaler Files Motion for Summary Judgment in Latest Bid to Argue AI-Authored Works Should Be Copyrightable

IP Watchdog

Last week, artificial intelligence (AI) systems developer Dr. Stephen Thaler filed a motion for summary judgment in the U.S. District Court for the District of Columbia in a lawsuit over copyright eligibility for artwork created by AI systems. Thaler’s motion for summary judgment argues that AI-generated works are copyrightable under U.S. federal law and that the copyright should vest in Thaler under common law property principles and the work made for hire doctrine.

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