2022

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AI Year in Review: A Busy 2022 for AI and IP Promises Even More in 2023

IP Watchdog

In general, the adoption of artificial intelligence (AI) and machine learning technologies has the potential to impact society in many ways. These technologies can automate tasks and make them more efficient, which can lead to job displacement and other economic impacts. They can also be used to make decisions that affect people's lives, such as in the criminal justice system or in hiring, which raises ethical concerns.

Business 145
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UK Govt: Netflix Password Sharing is Illegal & Potentially Criminal Fraud

TorrentFreak

Following a limited launch in 2007 with just 1,000 titles, Neflix now carries more than 6,600 movies and TV shows for the enjoyment of more than 223 million subscribers. There’s little doubt that Netflix password sharing contributed to the company’s growth and by publicly condoning it, the practice was completely normalized – globally.

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Why a Million-Subscriber Channel is Suing YouTube

Likelihood of Confusion

I represent Business Casual in this matter. The post Why a Million-Subscriber Channel is Suing YouTube appeared first on LIKELIHOOD OF CONFUSION™.

Business 143
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The Bill C-18 Fallout: Liberal MP Lisa Hepfner Equates Linking to News Articles on Facebook to Theft

Michael Geist

Last month, Liberal MP Lisa Hepfner shocked Canadian online news outlets by stating that “ they’re not news.They’re not gathering news. They’re publishing opinion only.” The comments sparked instant criticism from news outlets across the country, leading Hepfner to issue a quick apology. In the aftermath of the comments, Hepfner said nothing for weeks at Heritage committee studying Bill C-18.

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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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Artificial Intelligence: Can it be an Inventor or an Author?

JD Supra Law

As the innovation paradigm in automotive industry shifted over time, artificial intelligence (“AI”) has deeply penetrated into operation of automotive industry. For example, integration of AI in automotive availed a broad range of consumer-friendly functions previously not navigated in automotive industry, such as autonomous driving, battery management, speech recognition.

Inventor 145
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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

More Trending

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We’re growing (again) ! Seeking trademark associate attorney to join our team at EMP&A

Erik K Pelton

We are growing again at EMP&A. We are excited to to announce that we are hiring an Associate Attorney to join our trademark firm! Details and application information below: 2022 Job Posting – Associat… by Erik Pelton. The post We’re growing (again) ! Seeking trademark associate attorney to join our team at EMP&A appeared first on Erik M Pelton & Associates, PLLC.

Trademark 355
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Generative AI is here: How tools like ChatGPT could change your business

McKinsey Operations

Generative AI and other foundation models are changing the AI game, taking assistive technology to a new level, reducing application development time, and bringing powerful capabilities to nontechnical users.

Business 145
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Can someone’s face be a trade mark?

The IPKat

The trade mark that Maartje Verhoef sought to register In a world in which the legal tools available to protect one’s own likeness and persona vary significantly – with some countries, e.g., providing for strong image rights protection [see the case of Italy here , here and here ] and others not even acknowledging the very existence of self-standing image rights [that is the case of the UK: here ] – the question posed in the title of this post is an intriguing one.

Copyright 145
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Public Domain Day 2023 is Coming: Here’s What to Know

Copyright Lately

A new crop of copyrighted works (including rights in a certain famous British detective) will enter the public domain in the United States on January 1, 2023. Here’s what it all means. Last month, Hulu announced that the upcoming third season of its Hardy Boys reboot would be the series’ last. While it’s certainly not unusual for streamers to cancel shows after only a few seasons , it also just so happens that the first three novels introducing the teenage sleuths are about to enter the pu

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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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U.S. Copyright Office Backtracks on Registration of Partially AI-Generated Work

IP Watchdog

On October 28, Kristina Kashtanova, an artist and artificial intelligence (AI) consultant and researcher, received notice from the U.S. Copyright Office (USCO) that the registration for the first issue of her partially AI-generated graphic novel, Zarya Of The Dawn, may be canceled. A month earlier, on September 15, the USCO issued a registration for Kashtanova’s work, which was subsequently widely publicized as the first known instance of an AI-generated work being successfully registered with t

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‘U.S. Authorities Seize Z-Library Domain Names’

TorrentFreak

Pretty much every book ever written is available online for free and millions are shared through central hubs, commonly known as ‘shadow libraries’. Z-Library is one of the largest shadow libraries on the Internet. Through a variety of domain names, the site offers over 11 million books and 84 million articles. This has attracted a steady userbase and many millions of monthly visitors.

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That great, free First Amendment thing (Best of 2017)

Likelihood of Confusion

First published July 24, 2017. I was recently, and very briefly, the toast of whatever for my efforts in making the world safe for nasty trademark registrations under the banner. The post That great, free First Amendment thing (Best of 2017) appeared first on LIKELIHOOD OF CONFUSION™.

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Bill C-11 Goes Off The Rails Amid Charges of Witness Intimidation and Bullying by Government MPs

Michael Geist

The Senate Bill C-11 hearings have provided a model for the much-needed, engaged, non-partisan inquiry that was largely missing from the House committee’s theatrics in which the government cut off debate on over 150 amendments. But this week those hearings attracted attention for another reason: serious charges of witness intimidation and bullying by government MPs, most notably Canadian Heritage Parliamentary Secretary Chris Bittle (yes, the same Bittle who last month suggested I was a racist a

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London Brands Seminar: NFTs and the Metaverse

JD Supra Law

On 16 November 2022, partners Joel Smith and Sahira Khwaja and other members of our London brands team, hosted a client seminar on the ‘Metaverse’, including a lively panel discussion with Nicola Wood, Chartered Trade Mark Attorney from Group Legal at Vodafone and Simon Baggs, President of Brand and Content Protection at Corsearch, together with Oliver Wilson, Counsel in our Commercial and Regulatory team at Hogan Lovells.

Branding 141
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How Much For That IP System? South Centre Report Suggests Developing Countries Pay Quite the Price

SpicyIP

In the discussions around IP, trade and innovation, it has often been pointed out that least developed countries and developing countries are frequently the net importers of technologies, while the developed countries tend to be net exporters of technologies. This is a point that is especially relevant when discussing the problems with ‘one-size-fits-all’ approaches to globally harmonized IP regimes (see for example, this post on a Report on Patent Exclusions ).

Reporting 145
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How Romania’s Prime Minister was “Cleared” of Plagiarism

Plagiarism Today

In January 2022, just months after taking the role of Prime Minister in Romania, Nicolae Ciuc? faced a significant plagiarism scandal. According to reporter Emilia ?ercan (link in Romanian), some 42 pages of Ciuc?’s 38-page 2013 dissertation from the National Defense University in Bucharest were plagiarized from outside sources. Ciuc?, for his part, denied the plagiarism and said that his dissertation was legitimate.

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HITPIECE NFT RIPOFF: What you need to know and what can you do about it.

The Trichordist

By now you’ve probably heard of the website HitPiece.com and their outrageous scheme to mint a “NFTs” of virtually every song and album in existence. If you… Read more "HITPIECE NFT RIPOFF: What you need to know and what can you do about it.".

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Fintech in Africa: The end of the beginning

McKinsey Operations

Africa’s fintech industry is coming of age. In the face of political and economic challenges and a global pandemic, fintech on the continent is booming. Here’s what comes next.

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How artificial intelligence works in relation to copyright

The IPKat

Kat friend Jakub Wyczik provides an enlightening discussion of how AI and the law, especially copyright, intersect, with particular attention to the technical operation of AI. Images generated using text-to-image technology, including DALL-E 2 , Midjourney , and Stable Diffussion , have become a main topic in AI. Not only do many express wonder about how these systems work, but there is even doubt whether such users even have rights to such outputs.

Copyright 145
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China’s Rise in U.S. Design Patent System

Patently-O

by Dennis Crouch. WIPO administers the WIPO-administered Hague System for the International Registration of Industrial Designs. In 2015, the US linked its design patent system with Hague — this gives U.S. designers easier access to global design rights; and non-U.S. applicants easier access to the U.S. market. This week, China announced that it is also joining the system.

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Supreme Court Grants Two IP Cases, Including Amgen v. Sanofi on Enablement

IP Watchdog

The U.S. Supreme Court granted petitions for certiorari in two intellectual property cases Friday, one dealing with the limits of extraterritorial application of the Lanham Act and another asking the High Court to weigh in on whether “enablement” means a specification must enable those skilled in the art “to reach the full scope of claimed embodiments” without undue experimentation.

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“Anna’s Archive” Opens the Door to Z-Library and Other Pirate Libraries

TorrentFreak

When the file-sharing revolution hit the mainstream well over a decade ago, many site operators and users positioned ‘sharing’ as an ideology. This altruistic belief has started to fade in recent years. For most pirate sites and services, money is the main driver, with piracy as the means to that end. There are some notable exceptions of course, especially in the publishing industry where free access to knowledge is advocated by Sci-Hub, LibGen, and others.

Privacy 145
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Sealed with a fist

Likelihood of Confusion

I kvetch a lot about the mania for dubious “IP enforcement” by government agencies such as New York’s Metropolitan Transit Authority, which really should both know better and which have. The post Sealed with a fist appeared first on LIKELIHOOD OF CONFUSION™.

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Bill C-11 Now a Trade Issue: U.S. Warns Canada About Online Streaming Act Concerns

Michael Geist

Bill C-11, the government’s online streaming legislation, has caught the attention of the U.S. government, which raised it as a concern during a recent meeting between U.S. Trade Representative Katherine Tai and Canadian Minister of International Trade Mary Ng. The issue is cited in the U.S. readout of the meeting, though the Canadian readout of the same meeting notably excludes any reference to the issue.

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Artificial Intelligence and IP: UK IPO consults a second time

JD Supra Law

At the end of October 2021, the UK Intellectual Property Office launched its second consultation on artificial intelligence. The consultation is seeking evidence and views on the extent to which patents and copyright should protect inventions and creative works made by AI, and also measures to make it easier to use copyright protected material in AI development, to support innovation and research.

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Open Access Book on Negotiating History of the WCT and WPPT by Dr. R.V.V. Ayyar

SpicyIP

Dr VRR Ayyar’s book, “Present at Creation: The Making of Internet Treaties (1996)”, published in 2021. Some time ago, we had brought to you a list of freely accessible scholarly material on and around Intellectual Property – the post is here and the list is here – and are happy to say that we are in the process of updating that list with even more books and materials!

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What Winnie-the-Pooh Lapsing into the Public Domain Really Means

Plagiarism Today

On January 1, 2022, works that were first published in the year 1926 lapsed into the public domain. Though the list of works that includes is long, some bigger names include Ernest Hemingway’s The Sun Also Rises and Dorothy Parker’s Enough Rope. However, the name that’s received the lion’s share of the attention has been A.A. Milne’s original Winnie-the-Pooh story.

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Minnesota Wants to Ban Under-18s From User-Generated Content Services

Technology & Marketing Law Blog

As part of an omnibus bill, the Minnesota House of Representatives passed a troubling bill restricting how under-18 users engage with user-generated content (UGC) services. [At the bottom of this post, I’ve included the text as passed by the Minnesota House] The bill fits the “protect-the-kids” narrative that politicians champion during election years, but it’s counterproductive towards that purported goal.

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Reducing food loss: What grocery retailers and manufacturers can do

McKinsey Operations

An estimated $600 billion worth of food is lost during or just after harvest. Can manufacturers and grocers do anything about it? Definitely—and it will be good for business, people, and the planet.

Business 145
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Can an NFT infringe one's own trade mark rights? Yes, says Rome Court of First Instance

The IPKat

Bobo Vieri during his Juventus tenure Can the unauthorized production (minting), advertising, and offer for sale of a non-fungible token (NFT) infringe one’s own trade mark rights? The Rome Court of First Instance answered ‘yes’ in the context of a successful application for a preliminary injunction made by Juventus F.C. ( decision on 20 July 2022, case No 32072/2022 ).

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TTABlog Test: Is PISSTERINE Confusable with LISTERINE for Mouthwash?

The TTABlog

J & J opposed an application to register the proposed mark PISSTERINE for non-medicated mouthwash, claiming likelihood of confusion with, and likely dilution of, its registered mark LISTERINE for, inter alia , medicated mouthwash, toothpaste, and dental floss. J & J established that its mark is famous for Section 2(d) purposes. The goods are overlapping or related, but what about the marks?

Fair Use 143
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A License to Steal IP: What Partnering with China Really Means for Businesses

IP Watchdog

“The nine most terrifying words in the English language are: I’m from the Government, and I’m here to help,” said President Ronald Reagan during a press conference on August 12, 1986. This is one of President Reagan’s most often quoted quips, and for a reason. The Government can certainly help people in times of need, but it can also be a scary bureaucracy, particularly when it shows up unannounced and uninvited.

Business 144
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Google Removes YouTube Rippers from UK Search Results

TorrentFreak

Last year, the UK music industry claimed a major victory in its fight against online piracy. Following a two-year process initiated by the British Recorded Music Industry Ltd (BPI) and Phonographic Performance Ltd (PPL), the High Court ordered major ISPs to block access to several YouTube rippers. The order aims to make these sites, including Flvto and 2Conv, harder to reach.

Music 145
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Design Patent: Invalid as Unduly Functional

Patently-O

by Dennis Crouch. Golden Eye Media USA v. Evo Lifestyle Products ( Fed. Cir. 2022 ) (nonprecedential). Evo’s design patent claims an “ ornamental design for a foldable bag ” as shown in the figures above. This style of bag is known as a “trolly bag” in the UK and is used in shopping carts (trollies) to maintain order in reusable fashion.