The IP Law Blog

AUGUST 5, 2021

Commissioner of Patents , case number VID 108 of 2021, in the Federal Court of Australia, an Australian Federal Judge became the first known jurist to rule that inventions developed by artificial intelligence can qualify for patent protection. In Thaler v.

Invention 98

Invention Inventor Patent Moral Rights 98

The IPKat

MAY 31, 2023

The Court held that a musical box infringed of an author’s moral rights. Patents Hayleigh Bosher gave some thoughts on the new patent service of the UK Intellectual Property Office (IPO). Anna Maria Stein reported that Milan will be the third seat of the Central Division of the Unified Patent Court.

Moral Rights 57

Moral Rights Intellectual Property Editing Copyright Infringement 57

The IPKat

FEBRUARY 20, 2022

It has been the coldest days of the year where this Kat is based - perfect weather for looking into what other IP Blogs have been into recently:- Copyright The Kluwer Copyright Blog addressed the issue of moral rights in relation to artificial intelligence and copyright protection.

Blogging 67

Blogging IP Moral Rights Copyright Law 67

The IPKat

JANUARY 30, 2022

The author gave food for thought on the reproduction of works of art on book covers, on possible moral rights in the discussion, and on Walter Benjamin's notion of the "aura" of a work. Reminder: last call to vote for your best IP book of 2021 by participating in the poll here !

Moral Rights 76

Moral Rights Database Right Designs Design 76

The IPKat

NOVEMBER 4, 2022

Ramalho’s structure is simple and clear, two main parts, in two chapters – the first covering AI and copyright, and the second AI and patents – with one agenda, are AI-generated creations protectable? She then analyses relevant parts of copyright and patent protection for AI-generated content under European, US, Australian and Japanese law.

Intellectual Property 93

Intellectual Property Moral Rights Invention Copyright 93

The IPKat

MAY 11, 2022

COPYRIGHT Likelihood of confusion posted about a recent Massachusetts copyright decision involving moral rights. Background and analysis of the Judgment are provided by Comparative Patent Remedies. Foss Patents comments on Epic's PI motion. In the United States, there is a new development in the Epic Games v.

Blogging 62

Blogging Moral Rights IP Registration 62

SpicyIP

FEBRUARY 10, 2024

Whether the government has taken any steps to address concerns raised by creative writers and artists in their lawsuits against AI-powered Large Language Models, especially regarding issues such as the source of training, systematic theft, violation of moral rights, threat to livelihoods, and royalty payment.

Moral Rights 113

Moral Rights Copyright Infringement Related Rights Government 113

Kashishipr

AUGUST 31, 2022

Copyright’s relationship to IP is that it is just another form of IP, like trademarks, patents, and industrial designs. When you enforce your copyright, you enforce your copyright-related rights, which fall under Intellectual Property Rights (IPRs).

Moral Rights 52

Moral Rights Copyright Intellectual Property Licensing 52

Patently-O

SEPTEMBER 27, 2023

– Jason) Virtual reality, AI chatbots, and other emerging technologies are fueling a drive to innovate, improve, and patent new products and services that are inclusive from the beginning. This goal is not only morally right but also economically essential; inclusive innovation has become a multibillion-dollar necessity.

Inventor 115

Inventor Moral Rights Business Technology 115

The IPKat

NOVEMBER 14, 2021

moral rights. Patents To celebrate the 5th anniversary since the introduction of the Patent and Market Court in Sweden, on the EPLAW blog Erik Ficks provides an analysis of the positive impacts that the establishment of specialised courts has had. Is the Spanish implementation of Art. 17 CDSM compatible with EU law?

Blogging 113

Blogging IP Moral Rights Artwork 113

LexBlog IP

AUGUST 5, 2021

Commissioner of Patents , case number VID 108 of 2021, in the Federal Court of Australia, an Australian Federal Judge became the first known jurist to rule that inventions developed by artificial intelligence can qualify for patent protection. In Thaler v.

Invention 52

Invention Inventor Patent Moral Rights 52

The IPKat

DECEMBER 10, 2021

InternKat Giorgio Luceri discussed these events under the lens of the moral right of integrity. Patents GuestKat Rose Hughes analysed a recent decision of the English High Court regarding the clinical formulation of Bayer's cancer drug, sorafenib.

Moral Rights 67

Moral Rights Intellectual Property Contracts Reporting 67

The IPKat

MARCH 18, 2023

The second part focuses on protecting products through patents and industrial design. The fourth part explains copyright and related rights including performers rights and moral rights as well as confidential information.

Intellectual Property 78

Intellectual Property Moral Rights Database Right Editing 78

The IPKat

NOVEMBER 21, 2021

The annual review covers topics such as the definition of a work, authorship and moral rights. PATENTS Nokia announced that it has reached 4,000 patent families declared essential for 5G standards. Florian Mueller on Foss Patents provides commentary on the Epic Games v. OPPO (via Comparative Patent Remedies ).

Blogging 73

Blogging IP Moral Rights Copyright 73

IPilogue

NOVEMBER 30, 2021

If we refer to the computer serial number example, just because you own one version of a computer does not mean you own the patent for the underlying software in the computer. Of course, unless waived by the artist, the moral rights associated with the artistic work remain with the artist. What about copyright infringement?

Non-Fungible Tokens 111

Non-Fungible Tokens Art Moral Rights Copyright Infringement 111

IP and Legal Filings

JUNE 27, 2022

PART 1: of the blog discussed about history, development, fundamentals of IPR and explained Patents and Trademarks. In India, protection under copyrights is provided into two forms, which includes, economic rights and the moral rights of the author. The blog is divided into two parts and this is part 2 of the blog.

Intellectual Property 52

Intellectual Property Moral Rights Designs Design 52

LexBlog IP

AUGUST 8, 2021

It is not often that one reads a decision which raises not only complex and interesting issues of the correct interpretation of Australian patent legislation, but also calls upon the reader to consider existential and philosophical questions regarding the Promethean role of technology in modern society. Background and procedural history.

Inventor 52

Inventor Patent Patent Application Invention 52

Olartemoure Blog

MAY 13, 2022

At this moment, the concept of NFTs as property is as abstract as a patent law, or an extension of Intellectual Property law, as NFTs are essentially ideas that have taken virtual form. . The ruling opens a debate about what owning an NFT implies.

Non-Fungible Tokens 52

Non-Fungible Tokens Intellectual Property Moral Rights Contracts 52

SpicyIP

JULY 14, 2023

That’s right, because he focused more on patents — their ever-greening, their negative social impact — where facts are your primary weapons. Although clubbed under IP, copyright is a world away from patents and trademarks, and when you talk about history, facts need to be placed in their context and perspective.

Moral Rights 93

Moral Rights Publishing Copyright Music 93

IP and Legal Filings

APRIL 26, 2023

Nelson, Moral Rights in the United States, available at: [link] site/copyright/2017/07/21/moral-rights-in-the-united-states/ [4] With respect to cinematographic works, the countries that protect the author rather than the author’s employer include Belgium, Denmark, Germany, France, and Italy. 106A [3] Marley C.

Copyright 52

Copyright Music Moral Rights Ownership 52

Garrigues Blog

JUNE 29, 2023

Trying to provide effective, balanced and adequate protection of traditional cultural expressions and recognizing the intellectual property rights that local communities and indigenous peoples hold with regard to those expressions pose a real challenge in legal terms.

Intellectual Property 59

Intellectual Property Moral Rights Designs Design 59

43(B)log

FEBRUARY 19, 2022

(c) does grant authors “rights in something he created” and that “already belong to him” at common law and is taken after a few short years from him and his heirs. Natural or moral right to own fruit of labors. Rests on natural moral right to enjoy products of own exertion and no interference with anyone’s right to do likewise.

Copyright 59

Copyright Moral Rights Artwork Art 59

SpicyIP

FEBRUARY 27, 2024

Google, particularly looking into ‘consent’ and the moral rights of a performer. Does the exclusion on “Business Methods” patents need revision?: ‘ Tis known that Section 3(k) of the Indian patent law explicitly excludes business method patents. Well … not really! would help. So … see here , here , and here.

Non-Fungible Tokens 59

Non-Fungible Tokens Copyright Business Moral Rights 59

43(B)log

JUNE 26, 2023

It excluded knowing violation of the rights of another, and injury “arising out of the infringement of copyright, patent, trademark, trade secret or other intellectual property rights. The court concluded that the ROP is an intellectual property right.

Advertising 72

Advertising Advertising False Advertising Intellectual Property 72

SpicyIP

JULY 23, 2023

We also came across interesting orders from different high courts, notably the Delhi High Court decision on RX Prime and Canva’s patent infringement dispute and two orders on visual similarity between the competing marks. They also cited several prior art documents to allege that the plaintiff’s patent was invalid.

Trademark 98

Trademark IP Higher Education Moral Rights 98

Intepat

OCTOBER 7, 2022

Industrial design patents give the person exclusive rights for a new ornamental design of an essential functional item. Now, if the fabric has an innovative design aspect, different from any other style, one can apply for a design patent to protect it. Hence, the maximum period of protection in design patents is fifteen years.

Intellectual Property 59

Intellectual Property Designs Design Artwork 59

43(B)log

AUGUST 11, 2022

Rosenblatt: compare treatment of inheritance where US © law treats inheritance very differently than many other rights/properties. Gerhardt: compare right of publicity, moral rights? Recent patent case: patents must come from humans. A: her concern is divorce law, though comparison is worthy. A: To get more?

Ownership 80

Ownership Moral Rights Copyright Branding 80

The IPKat

NOVEMBER 29, 2021

Economics approach to patent law is then discussed in Chapter 27, by Bruno van Pottelsberghe de la Potterie. After introducing the areas, where the economics of patents is especially relevant (among them, the design of patent systems or the patent examination process), the author provides readers with a through literature review.

Intellectual Property 73

Intellectual Property IP Moral Rights Art 73

SpicyIP

DECEMBER 20, 2023

Kurian’s trail of transparency, Statements of Patent (Non-)Working, Corruption in IP Offices, Serial Crisis in India, the Indian “Bayh Dole” Bill, etc. One of the earliest posts on Monsanto was about opposition by the “No Patents on Seeds” coalition for a patent granted to Monsanto by EPO over a ‘closterovirus-resistant melon plant’.

Personality Rights 59

Personality Rights IP Licensing Copyright 59

Intepat

OCTOBER 7, 2022

Industrial design patents give the person exclusive rights for a new ornamental design of a basic functional item. Now if the cloth had an innovative design aspect, different from any other style, one can apply for a design patent for it. Taking legal action when an artist’s IPRs or moral rights are violated.

Intellectual Property 52

Intellectual Property Designs Design Artwork 52

Traverse Legal Blog

SEPTEMBER 28, 2023

Third, a change in licensing can have downstream effects on derivative works and integrations, potentially leading to legal disputes or claims of copyright or patent infringement. Usually, this is an irrevocable license or assignment of copyright and patent rights to the project managers.

Licensing 52

Licensing Derivative Work Intellectual Property Moral Rights 52

Velocity of Content

MARCH 16, 2023

As a person involved in copyright on a daily basis, I’ve observed a number of events and requests for comment over the last few years on the issue of whether artificial intelligence (AI) systems can be “authors” in the copyright sense (or inventors of patents). This will be hard to defend. Will a lawsuit in an EU jurisdiction be next?

Litigation 98

Litigation Fair Use Copying Derivative Work 98

IIPRD

JUNE 6, 2022

The Patent Act, 1970. The patent statute ensures the safety of technological solutions that are scientifically relevant, uniformly novel, and involve an inventive step. Patent protection is provided for procedures related to the exercise and usage of such assets, as well as for indigenous techniques that meet the same standards.

Intellectual Property 40

Intellectual Property Invention Copyright Patent 40

The IPKat

FEBRUARY 20, 2024

If last week passed too quickly to follow all the IP updates , not to worry, this Kat has put together a whistle-stop tour of the news and events you missed: Patents A Kat thinking about law and technology. patents and trade marks) and the protection of traditional knowledge. Photo by Nathan Osman via Pixabay.

Moral Rights 67

Moral Rights Intellectual Property Editing Inventor 67

LexBlog IP

SEPTEMBER 28, 2023

Third, a change in licensing can have downstream effects on derivative works and integrations, potentially leading to legal disputes or claims of copyright or patent infringement. Usually, this is an irrevocable license or assignment of copyright and patent rights to the project managers.

Licensing 40

Licensing Derivative Work Intellectual Property Moral Rights 40

The IPKat

MAY 22, 2023

The current UK legislation provides a copyright exception for text and data mining (TDM) under 29A of the Copyright, Designs and Patents Act 1988 for non-commercial research for copyright works to which a person already has lawful access. Text and data mining exception – a suitable option?

Music 82

Music Intellectual Property Copyright Technology 82

JIPL Online

APRIL 9, 2021

Trademark, another form of intellectual property, is threatened by genericide and derivative use because such uses may dispossess the rights holder of their entitlement. xiv] Patents may also be threatened by widespread use; if an idea is not novel or non-obvious enough it will not qualify for protection in the first place. [xv]

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98