2021

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‘Wandavision’ Is The Most Pirated TV-Show of 2021

TorrentFreak

At the end of every year, we take a look at the most-downloaded TV episodes among torrenting pirates. For several years in a row the list was headed by Game of Thrones but that reign came to an end last year after the series ended. This changing of the guard coincided with the launch of several Disney+ exclusives, which do particularly well among the pirating public.

Copyright 145
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A Split Develops: Can Artificial Intelligence Invent Stuff?

JD Supra Law

There is a split developing in the world over whether artificial intelligence software (AI) can be listed as an inventor on a patent application. A recent U.S. district court decision illustrates the consistent position taken in the U.S. In September 2021, the district court held that there was “overwhelming evidence” that Congress defined the term inventor in the Patent Act to include only natural persons.

Invention 145
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The WIPO Files I: the quest to protect user rights

Kluwer Copyright Blog

For most of its existence, international copyright policy at the World Intellectual Property Organization (WIPO) has focused on the creation and harmonization of exclusive rights. This state of play was only disrupted in 2004, when Chile first proposed to WIPO’s Standing Committee on Copyright and Related Rights (SCCR) that it explore the issue of limitations and exceptions (L&Es).

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Swiss Supreme Court invalidates the Nespresso Capsule 3D Mark

The IPKat

Former Guest Kat Peter Ling, together with his associate, Joana Gurtner , report on the recent Swiss Supreme Court decision on the Nespresso Capsule 3D mark. Coffee capsules have turned out to be a revolution for how coffee is served in millions of homes … and also for case law on 3D trade marks. In a decision that has just been published (available here in French), the Swiss Federal Supreme Court invalidated the 3D mark of Nestlé's related to the shape of the capsules.

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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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The ‘Restoring America Invents Act’ Would Open the Floodgates for Patent Owner Harassment

IP Watchdog

The much discussed, but previously unreleased, Restoring America Invents Act has finally been made public. The bill was submitted by Senator Patrick Leahy (D-VT) in what he described late last week as an attempt to reverse the reforms of the Patent Trial and Appeal Board (PTAB) made by former USPTO Director Andrei Iancu. Leahy promised to take aim at discretionary denials of inter partes review (IPR) and post grant review (PGR) challenges, which he did, among many other things.

Invention 145
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Non-fungible tokens (NFTs) and copyright

WIPO Magazine

This year, NFTs (non-fungible token), the latest hype in the world of distributed ledgers and cryptocurrencies, have taken the art and tech worlds by storm. But what are the implications for copyright, if any?

More Trending

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Picking Up Where Bill C-10 Left Off: The Canadian Government’s Non-Consultation on Online Harms Legislation

Michael Geist

The Canadian government released its plans yesterday for online harms legislation with a process billed as a consultation, but which is better characterized as an advisory notice, since there are few questions, options or apparent interest in hearing what Canadians think of the plans. Instead, the plans led by Canadian Heritage Minister Steven Guilbeault pick up where Bill C-10 left off, treating freedom of expression as a danger to be constrained through regulations and the creation of a bureau

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Why can’t we all just meme along?

Likelihood of Confusion

As it says in the tweet-within-a-tweet above, today the New York State Supreme Court dismissed all claims against our client, Logan Cook. He’s “Carpe Donktum,” and this is the infamous. The post Why can’t we all just meme along? appeared first on LIKELIHOOD OF CONFUSION™.

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13 Spooky Copyright Cases, Just in Time for Halloween

Copyright Lately

The only thing scarier than a slasher flick is a lawsuit. Here are some of the greatest copyright horror stories, featuring such classics as “Nightmare on Elm Street,” “Halloween,” “Dracula,” “Ghostbusters” and … a creepy McDonalds character? It’s Halloween time again! The good news is after the holiday was effectively ruined last year, we’re more or less back in business in 2021.

Copyright 144
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Juneteenth: My Story and Black America’s Ongoing Pursuit toward Progress

U.S. Department of Commerce

Juneteenth: My Story and Black America’s Ongoing Pursuit toward Progress. June 19, 2021. ASowah@doc.gov. Sat, 06/19/2021 - 14:22. Post by. Don Graves. As we reflect on Juneteenth and celebrate the anniversary of the final emancipation of the last slaves in this country some two years after the signing of the Emancipation Proclamation, I am reminded that though the physical chains of slavery were broken, the invisible chains of systemic racism have continued to hinder Black Americans' progress to

Patent 145
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“The Pirate Bay Can’t Be Stopped ,” Co-Founder Says

TorrentFreak

This year, The Pirate Bay officially reached adulthood, which is quite an achievement considering the immense legal pressure it has faced over the years. The site was launched in 2003 under the wings of the now-disbanded pro-culture organization “Piratbyrån”, which is Swedish for Bureau of Piracy. The group was formed by political activists and hackers in the same year.

Copyright 145
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US Court Rules Artificial Intelligence Systems Are Not 'Inventors'

JD Supra Law

On September 2, 2021, the US District Court for the Eastern District of Virginia granted the United States Patent and Trademark Office’s (USPTO’s) motion for summary judgement, finding that an artificial intelligence (AI) system cannot be named as an inventor on a patent.

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Self-driving Culture

Kluwer Copyright Blog

Image by Seanbatty from Pixabay. It is well known that self-driving vehicles are a positive development. I, for one, living in the US and thus having no access to decent public transport, must use my private car for many short trips (though I have chosen to live within walking distance of work to limit them as much as possible). Self-driving cars will reportedly save 350,000 lives per year , though some recent research has cast some doubt on the magnitude of the improvement.

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Book review: Performing Copyright: Law, Theatre and Authorship

The IPKat

As a previous drama student herself (who'd have guessed it!), this Kat was delighted to review Performing Copyright: Law, Theatre and Authorship by Dr Luke McDonagh (Assistant Professor of Law at LSE Law School). This is the first academic monograph that solely considers the relationship between UK copyright law and historical and contemporary theatre.

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Controlled Digital Lending Thwarts Democratic Process and Rights of Authors

IP Watchdog

One of the latest controversies in copyright law concerns the practice of controlled digital lending (CDL) by libraries. The idea is simple: Libraries take the physical books on their shelves, digitize them, and then share the digital copies with members of the public. Under the CDL theory, there is no permission needed to make the digital copies, nor is permission needed to share them publicly.

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What is Your Preferred Method for Attacking Functional Claims?

Patently-O

by Dennis Crouch. VoIP-Pal.com, Inc. v. Apple, Inc. , No. 20-1809 (Supreme Court 2021). VoIP-Pal sued Apple for infringing its U.S. Patent Nos. 9,537,762; 9,813,330; 9,826,002; and 9,948,549. Apple filed four petitions for for inter partes review, but all four were denied by the PTAB. Judge Koh then dismissed the infringement case in Apple’s favor–finding that all asserted claims were directed to ineligible subject matter.

Patent 143
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Announcing the 2021 Edition of My Internet Law Casebook

Technology & Marketing Law Blog

I’m pleased to announce the 2021 edition of my Internet Law casebook, Internet Law: Cases & Materials. If I counted editions, this would be the 12th edition. The book is available as a PDF at Gumroad for $10, as a Kindle ebook for $9.99, and in hard copy at Amazon for $20. [The hard copy comes with a free PDF on request; and shipping should be free on Amazon Prime.

Editing 144
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Trademarks in outer space: supporting the off-world economy

WIPO Magazine

As private companies like Virgin Galactic, SpaceX and Blue Origin signal a shift from space exploration to commercialization, is the time ripe to re-visit trademarks and other intellectual property rights in space?

Trademark 141
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The Liberal Election Platform: Government Picks Internet Regulation Over Internet Affordability

Michael Geist

The Liberal party released its election platform yesterday and perhaps everything you need to know can be gleaned from the fact that Canadian Heritage Minister Steven Guilbeault posted multiple tweets about plans for new cultural spending initiatives and Internet regulations in French without a single English language tweet. This is surely not a coincidence since the government’s digital policies have long been designed to curry favour in Quebec, even at risk of angering voters in the rest

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SAS v. WPL Litigation is of Great Importance to the Smallest Creators

The Illusion of More

Software companies SAS Institute of the U.S. and World Programming, Ltd. (WPL) of the UK have been litigants for more than a decade. By all accounts, WPL presents as a bad actor which lazily cloned SAS’s world-class analytics software. But before weighing the facts necessary to consider claims of IP infringement, the Federal Circuit Court […].

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Call for Applications: Research Assistants – IPR Chair at NALSAR, Hyderabad [Apply by August 25]

SpicyIP

We’re pleased to inform you that NALSAR University of Law, Hyderabad is inviting applications for two research assistants for the IPR Chair Project. The deadline for applications is August 25, 2021. For further details, please see the announcement below: Advertisement for Recruitment for Research Assistants – IPR Chair. Logo of NALSAR, Hyderabad.

Law 141
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Sci-Hub Founder: Academic Publishers Are the Real Threat to Science, Not Sci-Hub

TorrentFreak

By offering free access to millions of ‘paywalled’ research papers, Sci-Hub is often described as “The Pirate Bay of Science”. The site is used by researchers from all over the world, to access papers they otherwise have a hard time accessing. For some, the site is essential to do their work. The major academic publishers such as Elsevier, Wiley, and American Chemical Society are not happy with the rogue research library.

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Artificial Intelligence as the Inventor of Life Sciences Patents?

JD Supra Law

The question whether an artificial intelligence (“AI”) system can be named as an inventor in a patent application has obvious implications for the life science community, where AI’s presence is now well established and growing. For example, AI is currently used to predict biological targets of prospective drug molecules.

Inventor 145
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YouTube Copyright Transparency Report: Overblocking is real

Kluwer Copyright Blog

Image via YouTube. For anyone interested in the discussions about automated content filtering, Christmas came early this week: On Monday YouTube published the first edition of its Copyright Transparency Report. The report that covers copyright enforcement actions on the platform for the period from January to June of this year provides much needed insights into how YouTube’s various copyright management systems function.

Copyright 143
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CJEU confirms that partial designs may be protected as unregistered designs (but conditions apply)

The IPKat

The Court of Justice of the European Union last week issued its preliminary ruling in C-123/20 Ferrari. In it, the CJEU confirmed that an Unregistered Community Design under Regulation 6/2002 may vest in a partial design (which the CJEU defines as “a section of the ‘whole’ that is the product”). The request for preliminary ruling arose from a dispute between Ferrari and Mansory Design, currently pending before the German Federal Court of Justice (Bundesgerichtshof).

Designs 145
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Government Must Reform the ITC to Keep Pace with Innovation and Curb Trolls

IP Watchdog

In 2001, six years before the iPhone appeared, a futurist named Ray Kurzweil wrote that humankind would cram 20,000 years of technological progress into the century that had just begun. There were skeptics, but today any of the world’s six billion smartphone subscribers can read his essay on their devices practically any time, any place they choose.

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Venue Mandamus Petitions Continue to Flow to the Federal Circuit

Patently-O

by Dennis Crouch. We’ve been writing a lot about venue and mandamus petitions at the Federal Circuit. The cases continue to flow to the court, and will continue so long as appellate panels continue to entertain them. In October 2021, 10 new mandamus petitions were filed to the Federal Circuit in patent cases. 22-100 In re: Overhead Door Corporation (E.D.

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Emoji Version Variations Help Identify Fabricated Evidence–Rossbach v. Montefiore Medical

Technology & Marketing Law Blog

Rossbach worked at Montefiore Medical Center. She claims her supervisor sexually harassed her and then the center retaliated against her. This screenshot is the evidentiary centerpiece of her claim: The last line is the court’s: “This image is a fabrication.” A line no litigant ever wants to see in a court opinion discussing their evidence.

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In the Courts: Australian Court finds AI systems can be “inventors”

WIPO Magazine

In a world first, a judge of the Federal Court of Australia has found that artificial intelligence is capable of being an “inventor” for the purposes of the Australian patent regime. Find out more about Justice Beach’s decision.

Inventor 140
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Same Old Spin: Why Access Copyright Needs a Reality Check on Canadian Copyright

Michael Geist

Last week’s Supreme Court of Canada copyright decision in Access Copyright v. York University has unsurprisingly been applauded by the education community, which having faced years of litigation launched by the copyright collective, now finds its position vindicated. With the court resoundingly rejecting Access Copyright’s claims that its tariff is mandatory, finding that it had no standing to file a lawsuit for copyright infringement on behalf of its members, and concluding that a lower c

Copyright 140
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Miramax, Tarantino and a Fight Over Bright Shiny Objects

Copyright Lately

Breaking down Miramax’s copyright infringement lawsuit against Quentin Tarantino, a dispute about NFTs that isn’t really about NFTs. Depending upon which side of the fence you’re sitting on, non-fungible tokens (NFTs) are either the greatest economic innovation of the twenty-first century or the biggest grift since Lyle Lanley sold Springfield a monorail.

Copyright 134
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Announcing the Winners of the 2nd Shamnad Basheer Essay Competition on IP Law!

SpicyIP

A photograph of Prof. (Dr.) Shamnad Basheer. Following on from the success of last year’s inaugural edition of the Shamnad Basheer Essay Competition on IP Law, on May 14 th , 2021 we announced the 2 nd edition of the Shamnad Basheer Essay Competition on the occasion of Shamnad ‘s 45 th birth anniversary. Like last year, we kept the topic selection open to participants – asking them to choose any topic they wanted so long as it related to IP.

IP 137
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Twitch Users Can Now ‘Stream’ Movies & TV Shows Without Fear of DMCA Strikes

TorrentFreak

The idea that regular internet users could find themselves regularly concerned at the thought of being targeted by a copyright complaint would’ve been dismissed as scare tactics just a few short years ago. But. In 2021, the reality is all too clear. With the rise of social media platforms and user-generated content sites, the lowliest of netizens can find themselves tripping over copyright law and with the potential to lose valuable accounts, it’s something to take seriously.

Copyright 145
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UCB, Inc. v. Actavis Labs. UT, Inc.

JD Supra Law

Case Name: UCB, Inc. v. Actavis Labs. UT, Inc., Civ. No. 19-474-KAJ, 2021 WL 1880993 (D. Del. Mar. 26, 2021) (Jordan, J.) - Drug Product and Patent(s)-in-Suit: Neupro® (rotigotine); U.S. Patent No. 10,130,589 (“the ’589 patent”).

Patent 145
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Press publishers’ right: social media enter the stage

Kluwer Copyright Blog

On 21 st October 2021, Facebook announced that it has reached an agreement with APIG , an association of French press publishers, committing itself to the payment of licensing fees pursuant to the press publishers’ right introduced by the 2019 Copyright Directive. According to Facebook’s press release, the agreement “means that people on Facebook will be able to continue uploading and sharing news stories freely amongst their communities […]” (translated from French by DeepL).

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“What’s the point of a TRIPS waiver?" A reply

The IPKat

Murali Neelakantan and Siva Thambisetty respond to the post , "What’s the point of continuing a discussion on the unworkable TRIPs COVID-19 waiver proposal?", written by Prashant Reddy T. and Yogesh Pai, which was published on July 13th. First, some introduction --On July 13th, a group of intellectual property academics and experts, including the authors, published an open letter to the governments of UK, Australia, Brazil, Japan, Norway, Switzerland and the EU.

Patent 145