TorrentFreak
DECEMBER 25, 2021
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.
JD Supra Law
DECEMBER 1, 2021
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.
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Kluwer Copyright Blog
NOVEMBER 15, 2021
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).
The IPKat
OCTOBER 4, 2021
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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IP Watchdog
SEPTEMBER 29, 2021
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.
WIPO Magazine
DECEMBER 9, 2021
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?
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Michael Geist
JULY 30, 2021
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
Likelihood of Confusion
JULY 9, 2021
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™.
Copyright Lately
OCTOBER 25, 2021
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.
U.S. Department of Commerce
JUNE 19, 2021
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
TorrentFreak
NOVEMBER 28, 2021
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.
JD Supra Law
OCTOBER 4, 2021
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.
Kluwer Copyright Blog
NOVEMBER 25, 2021
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.
The IPKat
NOVEMBER 22, 2021
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.
IP Watchdog
AUGUST 30, 2021
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.
Patently-O
JULY 6, 2021
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.
Technology & Marketing Law Blog
AUGUST 2, 2021
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.
WIPO Magazine
DECEMBER 9, 2021
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?
Michael Geist
SEPTEMBER 2, 2021
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
The Illusion of More
NOVEMBER 15, 2021
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 […].
SpicyIP
AUGUST 21, 2021
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.
TorrentFreak
DECEMBER 18, 2021
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.
JD Supra Law
AUGUST 13, 2021
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.
Kluwer Copyright Blog
DECEMBER 8, 2021
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.
The IPKat
NOVEMBER 7, 2021
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).
IP Watchdog
AUGUST 9, 2021
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.
Patently-O
NOVEMBER 2, 2021
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.
Technology & Marketing Law Blog
AUGUST 9, 2021
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.
WIPO Magazine
SEPTEMBER 28, 2021
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.
Michael Geist
AUGUST 5, 2021
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 Lately
NOVEMBER 21, 2021
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.
SpicyIP
AUGUST 27, 2021
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.
TorrentFreak
DECEMBER 17, 2021
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.
JD Supra Law
AUGUST 6, 2021
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”).
Kluwer Copyright Blog
NOVEMBER 4, 2021
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).
The IPKat
JULY 14, 2021
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.
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