Plagiarism Today
FEBRUARY 7, 2023
In 1948, a physicist added a name to a paper for the sake of a bad pun. However, the laughing got quiet when the paper's theory had issues. The post Falsifying Attribution for a Bad Pun appeared first on Plagiarism Today.
IP Watchdog
FEBRUARY 23, 2023
The U.S. Copyright Office (USCO) this week finalized its refusal to uphold, in part, a registration it issued to Kristina Kashtanova for a graphic novel that contained generative artwork and human story and design elements. In a letter sent to Kashtanova’s counsel on Tuesday, the USCO expressed its concerns that underlying artwork generated using the AI-powered text-to-image tool Midjourney was capable of meeting the human authorship requirement for copyright protection.
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Technology & Marketing Law Blog
FEBRUARY 21, 2023
I’m going to crank this blog post out before I get swamped with press requests. My takeaways: I did not hear 5 votes in favor of the plaintiffs’ position. Indeed, the justices didn’t really engage with the plaintiffs’ core arguments much after their initial dismantling, which I take as a sign of their lack of persuasiveness. For that reason, I have a little optimism that Google will win the votes– much more so than yesterday.
Kluwer Copyright Blog
FEBRUARY 2, 2023
This post looks back at the key developments in AI and copyright in 2022, covering generative AI, text and data mining exceptions, the pastiche exception, deep fakes, voice cloning and infringement and enforcement of copyright using AI. 1. Generative AI Computer-generated art reached a tipping point in 2022. Experiments with AI-generated images go back decades (such as the computer programs of Harold Cohen starting in the 1970s).
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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.
U.S. Department of Commerce
FEBRUARY 3, 2023
News: Unemployment is at its Lowest Level in 54 years February 3, 2023 KCPullen@doc.gov Fri, 02/03/2023 - 13:00 Economic indicators Today, the U.S. Department of Labor’s Bureau of Labor Statistics released the monthly Jobs Report which shows the unemployment rate has dropped to 3.4% with more than a half million jobs created in January and 800,000 manufacturing jobs created in the last two years.
The IPKat
FEBRUARY 3, 2023
Katfriends Adrian Aronsson-Storrier and Oliver Fairhurst from Lewis Silkin report on recent litigation in the UK against the developers of AI generation software. This litigation has arisen amongst a flurry of recent interest in AI generated works. In just the past year the IPKat has hosted a number contributions on IP and AI generated creations/inventions, including book reviews , a report on the US Copyright Office decision to reject protection for an artwork created by a machine, analysis of
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Michael Geist
FEBRUARY 25, 2023
“It really surprises me that Google has decided that they would rather prevent Canadians from accessing news than actually paying journalists for the work they do. I think that’s a terrible mistake and I know that Canadians expect journalists to be well paid for the work they do.” Prime Minister Justin Trudeau waded into Bill C-18 and Google removing links to Canadian news articles in search results as part of a test for a small percentage of users yesterday with the quote cited above.
McKinsey Operations
FEBRUARY 27, 2023
Artificial intelligence, when deployed at scale, can help telcos protect core revenues and drive margin growth. But capturing this opportunity will require a wholly different approach.
Kluwer Copyright Blog
FEBRUARY 15, 2023
Image by Alexandra_Koch via Pixabay The recent blog post by Matt Hervey provides an interesting summary by someone who clearly has a good understanding of the subject matter. It does seem a bit one-sided in making it sound (to me, anyway) like people, governments or courts who oppose copyright protection of AI-generated works are fighting a rear guard battle and that at some point copyright protection of such works will almost “naturally” happen.
TorrentFreak
FEBRUARY 13, 2023
By providing free access to millions of books, Z-Library became the go-to site for many readers in recent years. Z-Library’s very existence was put to the test last November when U.S. law enforcement seized over 200 domain names connected to the site. Two alleged Z-Library operators from Russia were arrested in Argentina as part of a criminal investigation.
The IPKat
FEBRUARY 3, 2023
Ready to mine. As it was explained in the Impact Assessment accompanying the Commission’s Proposal for what would eventually become and be adopted by the Parliament and the Council as the DSM Directive [Katposts here ] , text and data mining (TDM) is a term commonly used to describe the automated processing ("machine reading") of large volumes of text and data to uncover new knowledge or insights.
The Illusion of More
FEBRUARY 23, 2023
As most copyright watchers already know, two lawsuits were filed at the start of the new year against AI visual works companies. In the U.S., a class-action was filed by visual artists against DeviantArt, Midjourney, and Stability AI; and in the UK, Getty Images is suing Stability AI. Both cases allege infringing use of large […] The post Why Machine Training AI with Protected Works is Not Fair Use appeared first on The Illusion of More.
Michael Geist
FEBRUARY 24, 2023
The report that Google is conducting a national test that removes links to Canadian news sites for a small percentage of users sparked a predictable reaction as politicians who were warned that Bill C-18 could lead to this, now want to know how it could happen. None of this week’s developments should come as a surprise. Bill C-18 presents Google and Facebook with a choice: pay hundreds of millions of dollars primarily to Canadian broadcasters for links to news articles or stop linking.
McKinsey Operations
FEBRUARY 3, 2023
Businesses risk billions if Black professionals continue to be underrepresented in tech jobs. Closing the gap means making changes to education, recruiting, and retention initiatives.
IP Watchdog
FEBRUARY 26, 2023
It’s getting pretty rough out there for employers who want to control their employees’ behavior. Think back to March 2020, when the pandemic was just beginning and we took a look at this new phenomenon of widespread remote work. We imagined managers wistfully recalling the Renaissance, when artisans could be imprisoned, or even threatened with death, to make sure they didn’t breach confidence.
TorrentFreak
FEBRUARY 26, 2023
When Amazon launched the first Kindle fifteen years ago, book piracy was already a common problem. When publishers clashed with The Pirate Bay over illegally shared copies, we envisioned that things could get much worse if Kindle-ready pirate sites began to pop up. Rempant Book Piracy Fast forward to today and book piracy is easier and more widespread than ever.
The IPKat
FEBRUARY 20, 2023
The updated EPO Guidelines for Examination will enter into force on 1 March 2023. A draft version of the Guidelines can be previewed here. The main updates this year are those taking account of the new sequence listing standard, the imminent arrival of the Unified Patent Court and the new Rule 56a EPC on erroneously filed parts. Missing and erroneous parts The Guidelines have been amended throughout to reflect the introduction of Rule 56a EPC in 2021 (A-II-6).
JD Supra Law
FEBRUARY 28, 2023
Procedural History - Jazz Pharms., Inc., v. Avadel CNS Pharms., LLC, Case No. 2023-1186 (Fed. Cir. February 24, 2023) is an appeal by Jazz Pharmaceuticals, Inc. (Jazz) from a District of Delaware order granting a motion for an injunction brought by Avadel CNS Pharmaceuticals, Inc. (Avadel). The injunction directed Jazz to ask the FDA to delist U.S. Patent No. 8,731,963 (the ’963 Patent) from the Orange Book.
Michael Geist
FEBRUARY 1, 2023
Senator David Adams Richards, an acclaimed Canadian author who has won Governor-General Awards for both fiction and non-fiction as well as a Giller Prize, provided the most memorable Senate speech for the ill-fated Bill C-10, stating on the Senate floor in June 2021 that “ I don’t think this bill needs amendments; I think, however, it needs a stake through the heart.
McKinsey Operations
FEBRUARY 7, 2023
Current macroeconomic conditions, consumer focus on sustainability, regulations, and changing business models could further drive farmers’ adoption of agtech products, if their concerns are addressed.
IP Watchdog
FEBRUARY 25, 2023
The U.S. Copyright Office (USCO) released its decision this past week in Kristina Kashtanova's case about the comic book, Zarya of the Dawn. Kashtanova will keep the copyright registration, but it will be limited to the text and the whole work as a compilation. In one sense this is a success, as the Office was previously threatening to revoke the copyright altogether.
TorrentFreak
FEBRUARY 18, 2023
Under U.S. copyright law, Internet providers must terminate the accounts of repeat infringers “in appropriate circumstances.” Many ISPs have been reluctant to take such drastic measures, which triggered a wave of copyright infringement lawsuits in recent years. Internet provider RCN is among the targeted providers. In 2021, the company was sued by several film companies, including the makers of The Hitman’s Wife’s Bodyguard, London Has Fallen, and Hellboy.
The IPKat
FEBRUARY 6, 2023
On 1 February 2023, several important changes to the Madrid System came into effect. They concern the following: The representation of colour marks; Colour claims in international registrations; Filing of non-traditional trade marks, such as sound, motion and multimedia marks; Representation of earlier rights in provisional refusals; and Communication with WIPO.
JD Supra Law
FEBRUARY 28, 2023
JAZZ PHARMACEUTICALS, INC. v. AVADEL CNS PHARMACEUTICALS, LLC - Before Lourie, Reyna, and Taranto. Appeal from the United States District Court for the District of Delaware. Summary: A patent directed to a system to reduce the misuse of a drug is not a listable patent in the FDA’s Orange Book because the patent does not claim a method of using the drug.
Michael Geist
FEBRUARY 8, 2023
Margaret Atwood, the famed Canadian author, has been the target of a predictable backlash for her comments criticizing Bill C-11. Her comments, which came in the aftermath of Senator David Adams Richards forceful denunciation of the bill on the Senate floor, describe the bill as “well meaning”, but express concern about the uncertainty over how it will be interpreted, the role of government officials in determining what counts as Canadian, and the secrecy associated with the CRTC.
McKinsey Operations
FEBRUARY 15, 2023
In today’s interconnected business environment, companies won’t be able to solve problems effectively without encouraging “contributory dissent”—a healthy approach to gathering diverse perspectives that should be taught to team members, modeled by leaders, and supported by culture.
IP Watchdog
FEBRUARY 27, 2023
Companies rely on copyright protections to shield their software, data sets, and other works that are licensed to their customers; however, a reframing of what constitutes a “transformative use,” and the extent a license can restrict such fair uses, may whittle away all avenues of protections. On October 22, 2022, the Supreme Court of the United States heard arguments for Andy Warhol Foundation v.
Patently-O
FEBRUARY 3, 2023
by Dennis Cxrouch In re Lizzo LLC (TTAB 2023) In a new precedential opinion, the PTAB has sided with the musical artist Lizzo — agreeing to register her mark “100% THAT B H” for use on apparel. The Trademark Examining Attorney had refused registration on “failure-to-function” — concluding that the phrase was a commonplace expression used to express a well-recognized sentiment.
The IPKat
FEBRUARY 27, 2023
The General Court has recently confirmed with decision T-253/22 the refusal of the application for trade mark registration of the verbal sign “ Sustainability through Quality ”. Background German company Groschopp AG Divers & More filed an application for EU trade mark registration of the verbal sign “ Sustainability through Quality ” in classes 7, 9, 16 and 42.
U.S. Department of Commerce
FEBRUARY 3, 2023
Commerce Deputy Secretary Don Graves to Travel to Puerto Rico February 3, 2023 KCPullen@doc.gov Fri, 02/03/2023 - 09:33 Investing in communities and workers Minority business growth From February 6—10, U.S. Deputy Secretary of Commerce Don Graves will travel to San Juan, Puerto Rico to announce funding for Puerto Rico and address the importance of responding to the Economic Census, the official five-year measure of American business and the economy.
Likelihood of Confusion
FEBRUARY 22, 2023
A long time ago I asked this question about the aggressive IP — or quasi-IP — enforcement policy of New York’s Metropolitan Transit Authority: [T]he libertarians remind us constantly, and accurately, that when something is everyone’s property, it is ultimately treated like no one’s property at all — which “everyone” ends up paying for.
McKinsey Operations
FEBRUARY 27, 2023
Pharmaceutical companies are using recent advances in digital technologies to improve care strategies and provide hope for rare disease patients across thousands of different rare diseases.
IP Watchdog
FEBRUARY 4, 2023
Scroll through social media and you’re certain to find countless posts of images generated by artificial intelligence, or “AI.” Tools such as DALL-E 2, Starry AI, Jasper, and the like have exploded in popularity, allowing users to do everything from creating stylized versions of the user’s own photographs, to inputting silly, incongruous prompts like “red headed cow with John Lennon sunglasses,” and receiving almost instantaneous results with no further effort by the user.
Patently-O
FEBRUARY 22, 2023
Guest post by Jonathan Stroud. Stroud is General Counsel at Unified Patents – an organization often adverse to litigation-funded entities. [1] He is also an adjunct professor at American University Washington College of Law. Patent assertion finance today is a multibillion-dollar business. [2] Virtually nonexistent in the patent space in the U.S. ten years ago—at least in part due to longstanding common law rules on champerty, maintenance, [3] and patent law’s relative high risk—today third-
The IPKat
FEBRUARY 24, 2023
The European patent attorney community is currently eagerly awaiting the decision of the Enlarged Board of Appeal referral G 2/21 on the thorny topic of plausibility and post-filed evidence. In its preliminary opinion for G 2/21 , the Enlarged Board of Appeal (EBA) raised some eyebrows by appearing to reference the standard test for sufficiency ( IPKat ).
IP Tech Blog
FEBRUARY 27, 2023
Is this the time we can really see a change in the fight against Chinese trademark squatters, or are we just adding burdens to legitimate right holders? The China National Intellectual Property Association (CNIPA) has recently published a draft amendment to the Chinese Trademark Law. The document is still under examination and has been disclosed to the public for comments.
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