Sat.Apr 15, 2023 - Fri.Apr 21, 2023

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Understanding the Dark and Darker Lawsuit

Plagiarism Today

Korean video game giant Nexon has filed a lawsuit against Ironmace over Dark and Darker, here's what's in the actual lawsuit. The post Understanding the Dark and Darker Lawsuit appeared first on Plagiarism Today.

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Pro-Patent Panel Tells Senate IP Subcommittee It’s Time for a Better IP Strategy

IP Watchdog

The Senate Judiciary Committee’s Subcommittee on Intellectual Property held a hearing today featuring a panel of patent-savvy witnesses to underscore the crucial role intellectual property plays in the U.S. economy and to define the biggest threats to IP rights, both foreign and domestic. The conclusion of most panelists as to what one step is most important in reestablishing the United States as an IP powerhouse was that we need to clean up our own IP system at home in order to even begin addre

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Why the Government Should Hit the Regenerate Button on its AI Bill

Michael Geist

As anyone who has tried ChatGPT will know, at the bottom of each response is an option to ask the AI system to “regenerate response”. Despite increasing pressure on the government to move ahead with Bill C-27’s Artificial Intelligence and Data Act (AIDA) , the right response would be to hit the regenerate button and start over. AIDA may be well-meaning and the issue of AI regulation critically important, but the bill is limited in principles and severely lacking in detail, leaving virtuall

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Canadian Copyright Registration for my 100 Percent AI-Generated Work

Hugh Stephens Blog

Thank you CIPO (Canadian Intellectual Property Office). Last week I indicated in my blog post (“Copyright Registration for AI-assisted Creations: How Much AI Input is Too Much?”) that I would be seeking to register with CIPO the copyright on a work fully generated by AI platforms DALL-E2 and ChatGPT.

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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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3 Count: No Noonoo

Plagiarism Today

Nexon sues Ironmace over Dark and Darker, Korean pirate site noonoo closes its doors and Cam'ron sued over a famous photograph. The post 3 Count: No Noonoo appeared first on Plagiarism Today.

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Design Patent Protection for Computer Generated Icons and Graphical User Interfaces

Intellectual Property Law Blog

Recent patent cases have made it more difficult to obtain utility patent protection for some of the functional aspects of computer software. One way to, at least partially, overcome this is to consider design patent protection for computer generated icons and certain aspects of the graphical user interface (GUI) elements of a computer program. Strategic use of design patents can be an important part of an overall patent strategy.

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What is business transformation?

McKinsey Operations

Business transformations are designed to boost overall performance through increased revenue, lower operating costs, and better customer satisfaction and workforce productivity.

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Update: 4 Copyright Claims Board Cases to Watch

Plagiarism Today

In September, we looked at four Copyright Claims Board cases to watch. Now we're revisiting them and seeing what's happened with them. The post Update: 4 Copyright Claims Board Cases to Watch appeared first on Plagiarism Today.

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An Obituary to the TRIPS ‘Waiver’: Lessons from an Imperfect Response 

SpicyIP

Image from here [ This post has been authored by SpicyIP inter Rohan Srivastava. Rohan is a Second Year student at National Law School Of India University and has a keen interest in IPR and Technology Law. ] The recent increase in COVID-19 cases in India comes as a Deja Vu, reminiscent of the predicament India and the world were in 2 years ago. While the spike should not be a cause of concern owing to a proper vaccination run (also see here for the number of doses administered), elsewhere, exper

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CJEU rules that broadcasting music on a plane or train is a communication to the public, but installing relevant equipment isn’t

The IPKat

Is it an act of communication to the public under Article 3 of the InfoSoc Directive to broadcast music on board of a train or a plane? And what about installing equipment allowing the subsequent broadcasting of music? After hotel rooms , spas , rehabs , dentist waiting rooms , and rental cars , yesterday it was time for the Court of Justice of the European Union (CJEU) to answer these vexed questions with reference to such transport means.

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Legit Torrents Shuts Down After 17 Years

TorrentFreak

Over the years, we have reported on the demise of hundreds of torrent sites. Many of them folded due to legal pressure. This week yet another site bites the dust; one that has been around since 2005, when the likes of TorrentSpy and Mininova ruled the scene. While those two giants would eventually succumb to legal pressure, Legit Torrents kept on going.

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3 Count: Honestly, Nevermind

Plagiarism Today

Drake faces a copyright lawsuit over an uncleared sample, Nintendo wins big in France, and a new study says pirate losses to rise. The post 3 Count: Honestly, Nevermind appeared first on Plagiarism Today.

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Optics Terrible for Moore in Newman Investigation

IP Watchdog

On Wednesday, April 12, IPWatchdog was first to break the news that U.S. Court of Appeals for the Federal Circuit Chief Judge Kimberly Moore has identified a judicial complaint against Judge Pauline Newman under the Judicial Conduct and Disability Act. In response to IPWatchdog’s report and subsequent reporting by other news outlets, the court on Friday issued a statement confirming the information provided by IPWatchdog’s sources and making the previously sealed documents public.

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Cracking the code on digital talent

McKinsey Operations

Even with recent industry layoffs, the tech talent shortage shows few signs of abating. To attract this critical segment, it’s important to understand what they want (hint: it’s not just compensation).

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Human Creators vs. Generative AI: A Clash of Copyrights and Innovation

JD Supra Law

Artificial intelligence has rapidly advanced over the past few years, with generative AI emerging as a particularly powerful tool that can generate text, images, and art autonomously. While this technology has numerous applications in fields ranging from medicine to design, it has also raised concerns about the potential infringement of human creators’ copyrights.

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[Guest post] Free Holdings case raises important issues regarding the legal nature of NFTs

The IPKat

The IPKat is pleased to host the following guest post by Katfriend Paolo Maria Gangi (Studio Gangi) on a recent case addressing the legal nature of non-fungible tokens (NFTs). Here’s what Paolo writes: Free Holdings case raises important issues regarding the legal nature of NFTs by Paolo Maria Gangi The decision of 17 March last of judge James L. Cott of the United States Southern Court of New York in the Free Holdings case poses an interesting question: is an NFT an asset in itself or is it onl

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IP VIPs Slam U.S. Government’s Bid to Extend Section 1498(a) to Private Patent Infringement

IP Watchdog

The Council for Innovation Promotion (C4IP) on Monday held a webinar featuring some big names in the IP world to clear up what the organization characterizes as misguided views on the use of Title 28 of the U.S. Code, Section 1498(a). The event was prompted in part by a recent U.S. government statement of interest filed in a patent infringement suit against Moderna, Inc.’s COVID-19 vaccine.

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Green growth: Unlocking sustainability opportunities for retail banks

McKinsey Operations

A recent McKinsey survey shows broad, unmet consumer demand for climate-linked financial products—but will financial institutions provide the education consumers require and the differentiated offerings needed to win this space?

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Nintendo ‘Hacker’ Gary Bowser Released From Federal Prison

TorrentFreak

In the fall of 2020, the U.S. Government indicted three members of the infamous Team Xecuter group, the masterminds behind various Nintendo hacks. The group allegedly made millions of dollars through its operation, which effectively shut down shortly after the criminal proceedings started. The authorities arrested Canadian Gary Bowser in the Dominican Republic and Frenchman Max Louarn was detained in Tanzania.

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Government Gets the Law Wrong as it Finally Makes the Case Why it is Rejecting the Bill C-11 User Content Regulation Fix

Michael Geist

With Bill C-11 in the final stretch – Senate approval could come this week – the government finally provided a more detailed explanation for rejecting the Senate’s user content regulation fix. Indeed, after weeks of false or empty justifications for the rejection, Senator Marc Gold, the government’s representative in the Senate, at long last tried to make the case for rejecting the amendment.

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USPTO Director Scolds VLSI for Publicly Citing Anonymous Report on PQA-Intel Connection

IP Watchdog

U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal said in an Order filed yesterday in IPR2021-01229 between Patent Quality Assurance (PQA)/Intel and VLSI Technology that VLSI’s reference in its Rehearing Request to an “unsolicited, anonymous, and improper ex parte communication” about the relationship between PQA and Intel that Vidal had put under seal has put VLSI on thin ice and in danger of being sanctioned.

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Space launch: Are we heading for oversupply or a shortfall?

McKinsey Operations

As the space economy expands, satellite constellations are proliferating. But launch providers must make tricky decisions on how to ramp up capacity.

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Protecting Confidential Information as Copyrightable Material with Confidential Reasons?

SpicyIP

Image from here The Delhi High Court recently passed an ex parte interim injunction in Markets and Markets Research Pvt. Ltd. v. Meticulous Market Research Pvt. Ltd. and Ors., finding a prima facie case of copyright infringement. However, alongside the questions of copyright, the present case also had elements of protecting confidential data. Therefore, in passing the interim injunction order on the basis of rights granted under the Copyright Act, 1957, the court not only restrained the defendan

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US Patent Office Launches Green Energy Award

JD Supra Law

On March 6, 2023, the U.S. Patent and Trademark Office (USPTO) announced the addition of a new category for its Patents for Humanity Awards Program: Green Energy. The Green Energy category accepts any U.S. patent or patent application directed to green energy technologies, such as wind, solar, green hydrogen, hydropower, geothermal, and biofuel technologies.

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U.S. Chamber Tells FTC it Should Withdraw Its Proposal on Noncompetes

IP Watchdog

In January of this year, the Federal Trade Commission (FTC) proposed a new rule that would ban employers from using noncompete clauses for their employees. In an announcement, the FTC said that the use of noncompete clauses is “a widespread and often exploitative practice that suppresses wages, hampers innovation, and blocks entrepreneurs from starting new businesses.

Business 117
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Building more resilient and equitable US public health systems

McKinsey Operations

With billions of dollars in pandemic relief funding still available, state and local public health agencies have an opportunity to improve their performance and prepare themselves for future challenges.

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Legal Basis for Personality Rights in India – The Repercussions of Unreasoned Decisions

SpicyIP

[The post has been co-authored by Pranjali Sahni and Souradeep Mukhopadhyay. Pranjali is an Assistant Professor at CHRIST (Deemed to be University), Delhi NCR and Souradeep is an LL.M Candidate at Harvard Law School. Harvard University.] “A decision without reasons is like grass without root.” A recent order of the Delhi HC in Amitabh Bachchan v. Rajat Nagi & Ors. has turned the spotlight again on the right to personality, which could be broadly understood as a right of a celebrity to contro

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AI and Patent Law: Balancing Innovation and Inventorship

JD Supra Law

A new surge in business innovation has arrived as companies take advantage of the unique efficiencies and benefits of artificial intelligence (AI). Recent news headlines about chatbots like ChatGPT and Bard highlight the explosive growth in this space. From improving processes to enhancing employee productivity, a company’s implementation of AI can significantly impact its operations and revenue.

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Penalizing Drugs Developed from Federally Funded Inventions is a Really Bad Idea

IP Watchdog

Just when you think you have enough things to worry about, you stumble upon one more. In its wisdom, Congress enacted a “Medicare Drug Price Negotiation Plan” as part of the Inflation Reduction Act. The program kicks in by imposing “maximum fair prices” for drugs as determined by the Centers for Medicare & Medicaid Services (CMS). In setting these prices, Congress included such factors as the R&D costs for each drug and whether they have been recovered and the current cost of produci

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The resilience of steel: Navigating the crossroads

McKinsey Operations

The steel industry’s outlook for the next ten years remains fragile. Company leaders can adopt a strategic approach to ride out uncertainties and mitigate risk while the industry is being reshaped.

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Happy Earth Week!

U.S. Department of Commerce

Happy Earth Week! April 17, 2023 ASowah@doc.gov Mon, 04/17/2023 - 07:59 Photos above submitted by (left to right): Zack F., NOAA; Mary O.T., EDA; and Panvipa C., ITA Happy Earth Week from the Department’s Office of Sustainable Energy and Environmental Programs (OSEEP)! OSEEP was inspired by the submissions in the 2023 Earth Day Photo Challenge: Investing in Our Planet and excited to learn about the various ways Commerce employees take action to protect the world around them.

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USPTO is holding public listening sessions on AI inventorship for patents

JD Supra Law

The United States Patent Office (USPTO) is holding two upcoming public listening sessions on AI inventorship for patents. A first “East Coast” session will be held on April 25, 2023 at the USPTO Headquarters in Alexandria, Virginia. A second “West Coast” session will be held on May 8, 2023 at Stanford University in Stanford, California. Both sessions allow for virtual attendance.

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CAFC Revives Vape Patent Lawsuit Against Phillip Morris

IP Watchdog

On Wednesday, the United States Court of Appeals for the Federal Circuit (CAFC) reversed a district court’s dismissal of a Florida vape company’s patent lawsuit against tobacco company Phillip Morris. Healthier Choices Management (HCM) filed the appeal to the CAFC after a district court ruled in Phillip Morris’s favor, dismissing the patent infringement case.

Patent 117
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Operational excellence: How purpose and technology can power performance

McKinsey Operations

Next-generation operational excellence is more than doing things well. It’s about uniting an organization around a common purpose, process, and systems.

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In London, Publishing Confronts AI

Velocity of Content

At the London Book Fair on Tuesday, HarperCollins CEO Brian Murray made a keynote appearance in conversation with David Roche, an industry consultant in the UK. “Murray confirmed that, after two unprecedented years of growth during the pandemic, the book business is coming back to Earth,” reports Andrew Albanese , Publishers Weekly senior writer.

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Do you really intend to offer NFTs, digital collectibles, and virtual goods? If not, no trademark.

JD Supra Law

Editor's Note: This article is the second in a series by Katten attorneys examining NFTs and various novel legal issues raised by NFTs. The NFT explosion has led to a “gold rush” of thousands of new U.S. trademark applications covering NFT-based digital files, digital collectibles, and the like.