Sat.Aug 19, 2023 - Fri.Aug 25, 2023

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The Final Betrayal of NFTs

Plagiarism Today

OpenSea says it will no longer enforce royalties on its NFT platform. However, it's not OpenSea that's betrayed artists, it's crypto itself. The post The Final Betrayal of NFTs appeared first on Plagiarism Today.

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When will the Trudeau Government act on Promised Copyright Reform?

Hugh Stephens Blog

On August 3, almost 30 organizations,[i] representing 50,000 Canadian writers, visual artists and publishers released an open letter to newly appointed Heritage Minister Pascale St. Onge urging her to tackle “meaningful copyright reform”. That is the code-word for the need to end the current free-riding by the education sector–elementary, secondary and post-secondary–in Canada (outside Québec) … Continue reading "When will the Trudeau Government act on Promised Copyright Reform

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Will Artificial Intelligence Change Trademarks?

Erik K Pelton

The following is an edited transcript of my video Will AI Change Trademarks ? Artificial intelligence has been in the news in 2023. And a lot of that is due to the amazing tool ChatGPT, which is a breakthrough in terms of artificial intelligence technology. The company, OpenAI, that built ChatGPT, was valued at $29 billion recently. And yet, they only filed the trademark application for ChatGPT a few weeks ago, and they only filed for OpenAI last year.

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What Urgency?: CRTC Says It Will Take Years For Bill C-18 Media Bargaining to Begin

Michael Geist

The Bill C-18 legislative process was marked by repeated warnings from the government that this was an urgent issue that justified its repeated efforts to cut off debate in order to fast track the bill into law before the summer break. In fact, in a late change, the bill was amended to provide that it would take effect with 180 days of royal assent, rather than the previously envisioned staged approach that would have resulted in a gradual development of regulations and implementation.

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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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3 Count: Content ID Scam

Plagiarism Today

YouTube partners with Universal on AI issues, Content ID scammer sentenced to 46 months and Soulja album pulled over copyright issue. The post 3 Count: Content ID Scam appeared first on Plagiarism Today.

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Guest Post: Diversity Pledge: Boosting Innovation and Competitiveness

Patently-O

By: Suzanne Harrison , Chair of the Patent Public Advisory Committee (PPAC) at the USPTO. This post is part of a series by the Diversity Pilots Initiative , which advances inclusive innovation through rigorous research. The first blog in the series is here and resources from the first conference of the initiative are available here. In July 2021, the USIPA hosted a DEI in innovation conference and launched The Diversity Pledge, alongside 30 founding Pledgee companies who agreed to increase the

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Movie Copyright Cases Filmmakers Should Know: Part 1, Infringement Cases

Copyright Alliance

Moviegoers may be familiar with the cinematic musings of actress Nicole Kidman: “We come to this place for magic. That indescribable feeling we get when the lights […] The post Movie Copyright Cases Filmmakers Should Know: Part 1, Infringement Cases appeared first on Copyright Alliance.

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3 Count: Non-Copyrighted AI

Plagiarism Today

Court tosses USCO case over AI art, court to revisit fair use tattoo case and Lord of the Rings fan fiction author loses vs Amazon. The post 3 Count: Non-Copyrighted AI appeared first on Plagiarism Today.

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Guest Post: Why Do Women Face Challenges in the Patent Process?

Patently-O

By: Abhay Aneja , Assistant Professor of Law, University of California, Berkeley, Diversity Pilots Initiative Researcher, Gauri Subramani , Assistant Professor in the Department of Management, College of Business, Lehigh University and Diversity Pilots Initiative Researcher, and Oren Reshef , Assistant Professor of Strategy, Washington University in St.

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U.S. Outbound Investment Restrictions and Notification Requirements Mandated by Executive Order: Currently Limited to Certain Investments in China Tech

IP Tech Blog

U.S. businesses and investors may be subject to new compliance requirements for outbound investments in certain technology sectors pursuant to U.S. President Joe Biden’s Executive Order (“EO”), titled “Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concerns,” and the corresponding the Advance Notice of Proposed Rulemaking (“ANPRM”) issued by the Treasury Department.

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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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APPLE JAZZ Mark Owner Says Apple Can’t Attempt to Reverse CAFC via TTAB

IP Watchdog

On August 18, the owner of the APPLE JAZZ trademark filed an opposition to Apple’s motion to amend its trademark application for the mark APPLE MUSIC with the Trademark Trial and Appeal Board (TTAB). In its motion, the tech giant asked the TTAB to allow the company to remove “live performance services, as well as related services,” from the application.

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3 Count: Office Depot Data

Plagiarism Today

Office Depot seeks attorneys' fees in data case, agency demands photog pay for their photos and DragonForce battles a fake copyright claim. The post 3 Count: Office Depot Data appeared first on Plagiarism Today.

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Toothless National Policy on Rare Diseases- Part II

SpicyIP

[ This guest post is authored by our former blogger Varsha Jhavar and Surbhi Nautiyal. Varsha is a lawyer based in Delhi and is a graduate of Hidayatullah National Law University, Raipur. Surbhi is a lawyer based in Delhi and is a graduate of RGSOIPL, IIT Kharagpur. The views expressed here are those of the authors’ alone.] In Part I of the post, the authors have analysed the National Policy on Rare Diseases, 2021 (Policy) and its implementation.

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Utility Patents Granted per Calendar Year, 1840-2022

Patently-O

By Jason Rantanen I’m getting ready to teach my Fall 2023 Patent Law class, and that means updating the granted utility patents graph that I do every few years. This year’s version shows U.S. utility patents granted per year from 1840-2022: Data for 2023 isn’t included in the table, but as of July 25, 2023, the authority file contains just 171,556 patents.

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Consider this Hidden Step Zero in the Patent Subject Matter Eligibility Analysis

IP Watchdog

U.S. patent practitioners have had a rocky relationship with the once-straightforward patent eligibility requirement under 35 U.S.C. 101 in recent years. Decisions such as Mayo and Alice upended the status quo, muddying the threshold test for patent subject matter eligibility. When dealing with difficult 101 rejections under this new status quo, it can sometimes help to think outside of the box about how to overcome a given rejection.

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How the Copyright Claims Board Counters DMCA Counternotices

Plagiarism Today

The Copyright Claims Board (CCB) offers a way for rightsholders to ensure an allegedly infringing work stays offline after a counternotice. The post How the Copyright Claims Board Counters DMCA Counternotices appeared first on Plagiarism Today.

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Jan Vishwas Bill 2023: Small businesses, competition and public health set up to lose?

SpicyIP

As reported, both Houses of Parliament recently passed the Jan Vishwas Bill, 2023 (JV Bill). This bill seeks to promote business by reducing penalties and decriminalising offences across 42 legislations. Major intellectual property rights laws – the Copyright Act, 1957, the Patents Act, 1970, the Trade Marks Act, 1999 and the Geographical Indications Act, 1999, have also been amended.

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Current Patent Litigation Trends

JD Supra Law

According to Docket Navigator, 2022 was the first year since 2019 that the annual number of new patent cases fell below 5,300. Before 2019, the annual number of new cases had not been below 4,300 since 2011.

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DC Court Says No Copyright Registration for Works Created by Generative AI

IP Watchdog

On Friday, Judge Beryl Howell issued an opinion in Dr. Stephen Thaler’s challenge against the U.S. Copyright Office (USCO) over the denial of his application for a work generated entirely using generative artificial intelligence (AI) technology. The opinion supports the USCO’s refusal to register a work in which the claimant disclosed in the application that the image was the result of an AI system, called The Creativity Machine.

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The Fight to Own AI-Generated Content is Just Starting

Plagiarism Today

A court recently found that an AI cannot hold copyright on the work it creates. Here's why that doesn't actually matter. The post The Fight to Own AI-Generated Content is Just Starting appeared first on Plagiarism Today.

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Jharkhand High Court Quashes Criminal Proceedings Alleging Copyright Infringement Against a Professor

SpicyIP

Image from here A couple of weeks ago, I discussed a law student in Bengaluru filed a case, alleging copyright infringement, against two assistant professors. Just a couple of weeks later I’ve now come across news of another student alleging copyright infringement, ( Paras Kumar Choudhary vs The State of Jharkhand ), but this time a criminal proceeding was instituted against the professors!

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Your Employee Handbook May be Deficient for Capturing Patent Rights

JD Supra Law

Is your employee handbook sufficient to capture patent rights in your employee’s inventions? The Federal Circuit case of Omni Medsci v. Apple illustrates one reason why it does not. It is common practice to include, in an employee handbook, a policy requiring transfer of any future inventions. Typically, the employee is required to review and sign the handbook, but ordinarily this does not create a contract.

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Google Tells USPTO Proposed IPR Changes Would Stifle AI Innovation

IP Watchdog

On Thursday, Reuters reported that Google sent a letter to the U.S. Patent and Trademark Office (USPTO) criticizing proposed rule changes that the tech firm believes will stifle U.S. innovation. The internet giant expressly pointed to the field of artificial intelligence as a weak point for the USPTO and its patent examiners. The letter was signed by Halimah DeLaine Prado, General Counsel for Google.

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What Surprised me About AI

Plagiarism Today

Generative AI has only been available to the public for about eight months. The biggest surprise wasn't that it exists, but how it debuted. The post What Surprised me About AI appeared first on Plagiarism Today.

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Copyright does not protect content produced by Generative AI (GenAI) with no human involvement: Thaler v Perlmutter

Barry Sookman

It has ben a fundamental tenet of copyright law that for a work to be subject to copyright protection it must be the result of human authorship. The bar for protection is low and varies from jurisdiction to jurisdiction. In Canada, for example, skill and judgement is required. In the United States a minimal level of creativity is required. With the rise of generative artificial intelligence (aka generative AI or GenAI) questions have emerged as to whether content generated entirely using GenAI b

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Going Back to First Principles – A Nuanced Understanding of Infringement in Google v DRS

SpicyIP

We are pleased to bring to you a guest post by Aditya Gupta on the recent Delhi High Court Division Bench order in Google v. DRS. Aditya is an attorney at Ira Law and represents Google in trademark litigation relating to keyword advertising. He graduated from National Law University, Jodhpur and then pursued a masters in law from Harvard Law School.

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UPC Milan Local Division Acts Fast to Address Alleged Infringement at Trade Fair

IP Watchdog

On June 12 and 13, 2023, the German giant textile company, Oerlikon Textile G.M.B.H. & CO. K.G. (Oerlikon), filed two applications with the Unified Patent Court’s (UPC’s) Milan Local Division to preserve evidence against two Indian companies accused of infringing the (Italian portion) of the European patent EP214848B1, which covers a “False twist texturing machine”.

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3 Count: No Snippets

Plagiarism Today

Hollywood studios see path to AI copyright, French publishers accuse X of ducking royalties and Amazon sues fake DVD sites. The post 3 Count: No Snippets appeared first on Plagiarism Today.

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Web Scraping for Me, But Not for Thee (Guest Blog Post)

Technology & Marketing Law Blog

by guest blogger Kieran McCarthy There are few, if any, legal domains where hypocrisy is as baked into the ecosystem as it is with web scraping. Some of the biggest companies on earth—including Meta and Microsoft—take aggressive, litigious approaches to prohibiting web scraping on their own properties, while taking liberal approaches to scraping data on other companies’ properties.

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How much visual similarity is necessary?

The IPKat

Normal 0 false 21 false false false DE X-NONE X-NONE In an earlier post , this Kat discussed the seemingly narrowing scope of protection of figurative marks in EU trade mark practice. While the EUIPO and General Court rather easily considered figurative signs to be confusingly similar in the past, the pendulum seems to swing too far to the other side now as the following case shows.

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The State of Scholarly Metadata in 2023 – Industry Insights From Around the Globe

Velocity of Content

In July, CCC’s Jamie Carmichael hosted The State of Scholarly Metadata in 2023: Insights From Around the Globe, a webinar seeking to assess the challenges around low-quality metadata and underutilization of persistent identifiers. The program followed publication in April of The State of Scholarly Metadat a , an examination of metadata management across the research lifecycle CCC conducted with  Media Growth Strategies.

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The Bill C-18 Regulation Fake-Out: Setting the Record Straight on When Bill C-18 Takes Effect and the Regulation Making Process

Michael Geist

The rhetoric around Bill C-18 has escalated in recent days in light of the awful wildfires in NWT and British Columbia. In my view, the issues associated with these tragic events have little to do with Meta blocking news links and the attempt to bring it into the conversation is a transparent attempt to score political points (the connectivity issues with some NWT communities completely taken offline for days is somehow never mentioned).

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Anti-Piracy Lessons Enter the School Curriculum: Are You a Thief?

TorrentFreak

Today’s youth is growing up in an era where all knowledge and information is literally at their fingertips. The internet is a great source of knowledge, entertainment, and a key tool for social interactions. However, it also comes with many darker sides, although kids won’t always recognize the dangers. In Denmark, local anti-piracy group Rights Alliance has repeatedly warned that today’s youth should be properly educated when it comes to copyright and piracy.

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When is an artist entitled to refuse attribution of an artwork? Italian Supreme Court provides (final) guidance in long-running dispute over Jeff Koons’s The Serpents

The IPKat

The Serpents by Jeff Koons. Jeff Koons is one of the best-known contemporary artists. As IPKat readers are surely aware, his fame extends well beyond the art world, given that Koons has contributed as litigant to some of the most interesting copyright case law around the world [see, eg, IPKat coverage here ]. A few days ago, it was the turn of the Italian Supreme Court to rule ( decision 23935/2023 Koons v Garrone ) in a case involving him and a copy of an artwork – specifically: a porcelain scu

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Appeals From Itat Orders: Supreme Court Resolves Jurisdictional Conundrum

IP and Legal Filings

Introduction Both the Delhi High Court and the Punjab & Haryana High Court rejected appeals that were made before them and declined to have territorial jurisdiction over the case owing to a difference of opinion. This led to an appeal being submitted before the Supreme Court. In its ruling issued on August 18, 2022 in the case of Pr. Commissioner of Income Tax-I, Chandigarh v.

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