Sat.Sep 23, 2023 - Fri.Sep 29, 2023

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Is Google Favoring AI Content?

Plagiarism Today

A recent algorithm change at Google has many webmasters angry as their traffic tanks while AI-generated pages outrank them. Here's why. The post Is Google Favoring AI Content? appeared first on Plagiarism Today.

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UK Parliamentary Committee Shoots Down Copyright Exemption for AI Developers–But is it Really Dead?

Hugh Stephens Blog

The all-party Culture, Media and Sport Committee of the British House of Commons has just (August 30) issued a welcome report condemning plans announced by Britain’s Intellectual Property Office (IPO) in June of 2022 to create a limitless copyright exemption to enable tech companies to develop artificial intelligence (AI) applications without having to obtain permission … Continue reading "UK Parliamentary Committee Shoots Down Copyright Exemption for AI Developers–But is it Really D

Copyright 173
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The World’s Oldest Active Torrent Turns 20 Years Old

TorrentFreak

In 2003, the World Wide Web was still in its infancy. Dial-up connections were still the default and YouTube, Facebook, and Gmail had yet to be invented. There was a new technology making waves at the time. BitTorrent made it much easier for people to transfer large files, opening the door to unlimited video-sharing without restraints. Many people started experimenting with BitTorrent by sharing pirated films and TV shows.

Invention 142
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[Guest post] Artificial Intelligence and (hopefully) the death of copyright

The IPKat

The IPKat has received and is pleased to host the following guest contribution by Katfriend Jakub Wyczik (University of Silesia in Katowice) on Artificial Intelligence (AI) and the application of copyright subsistence criteria. Here's what Jakub writes: Artificial Intelligence and (hopefully) the death of copyright by Jakub Wyczik* Last year, I wrote an article about how copyright law relates to creations generated by AI.

Copyright 131
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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: Somebody is Listening

Plagiarism Today

Zayn Malik sued over Better, record labels hit back at X (Twitter) and EU lawmakers call for compromise on AI and copyright issues. The post 3 Count: Somebody is Listening appeared first on Plagiarism Today.

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The public lending right in Greece: Sleeping Beauty and Snow White

Kluwer Copyright Blog

Sleeping Beauty by Victor Gabriel Gilbert ‘Sleeping Beauty’: The previous legal regime And now the time has come to write about the lengthy story already mentioned here , the story of the public lending right in Greece; the right that allows authors and other rightsholders to receive payment (usually from government) to compensate for the free loan of their books by public.

More Trending

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Hague Court provides first judgment on online marketplace IP infringement liability following Louboutin v Amazon

The IPKat

In a recent judgment , the District Court of the Hague (the Court) found that Fruugo, an online marketplace, was not directly liable under trade mark law for the advertisement and sale, on its platform, of products which infringed the trade marks of Audi and Volswagen. Background The avid IPKat reader may recall that late last year, the IPKat reported on a somewhat surprising decision of the Court of Justice of the European Union (the CJEU), which held, disagreeing with the Advocate General’s op

IP 124
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Court Demolishes Texas Book “Rating” Law

The Illusion of More

In the 1980s, the Parents Music Resource Center (PMRC), led by Tipper Gore and several other wives of Washington insiders,[1] sought to compel record labels to place stickers on albums warning consumers that the songs within contained “explicit lyrics.” Songwriters, including Frank Zappa, John Denver, and Dee Snider testified in Senate hearings to oppose the […] The post Court Demolishes Texas Book “Rating” Law appeared first on The Illusion of More.

Law 91
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U.S. Copyright Office Seeks Comment on AI and Copyright Issues in Recent Notice of Inquiry

JD Supra Law

On August 30, 2023, the U.S. Copyright Office released a Notice of Inquiry (NOI) seeking comment on the copyright law and policy issues implicated by artificial intelligence (AI) systems. Businesses whose content or publications may be used by AI systems as well as businesses that develop or deploy AI systems, particularly those involving generative AI, should consider responding to the NOI.

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X Clearly Profits from Widespread Music Piracy, Labels Argue

TorrentFreak

Earlier this year, Universal Music, Sony Music, EMI and others filed a complaint at a Nashville federal court, accusing Elon Musk’s X Corp of “breeding” mass copyright infringement. The company behind X allegedly fails to properly respond to takedown notices and lacks a proper termination policy for repeat infringers. As a result, X is reportedly rife with music piracy.

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Artificial Intelligence in Drug Development: Patent Considerations

IP Watchdog

Artificial intelligence (AI) is a field of computer science that creates software or models that mimic human reasoning or inference. Machine learning is a subset of AI which uses algorithms trained on massive amounts of data to allow the computer to learn with gradually improving accuracy without explicitly being programmed. The biopharmaceutical and healthcare fields produce massive amounts of data, including properties and characteristics of drug compounds, biological, genomic, and clinical da

Patent 76
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Wish to discuss the legacy of CJEU copyright case law for post-Brexit UK? Join us at UCL on 9 November

The IPKat

UCL in lovely Bloomsbury If you are interested in all things copyright and wish to discuss the (perduring) legacy of the copyright case law of the Court of Justice of the European Union for UK law and practice following Brexit, then you are warmly invited to join this panel discussion taking place at University College London (UCL) and online in the afternoon of 9 November 2023.

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Who Gets the Patent When AI Is the Inventor?

JD Supra Law

Artificial intelligence is transforming drug design — but it could also disrupt intellectual property law. To realize AI’s full promise, the US may have to reconsider its approach to issuing patents.

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Caddo v. Siemens: Microsoft Settlement Covers Downstream Use and No Jurisdiction Over Foreign Parent

Patently-O

by Dennis Crouch A short non-precedential opinion from the Federal Circuit provides guidance on two key issues: (1) downstream non-party reliance upon settlement agreements; and (2) personal jurisdiction over foreign corporations. Siemens Industry, Inc. Caddo Sys., Inc. v. Siemens Aktiengesellschaft (AG) , Nos. 2022-1623, -1624 (Fed. Cir. Sept. 22, 2023).

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A NEW KIND OF SODA Fails to Function as a Trademark for Beverages, Says TTAB

The TTABlog

The Board upheld a refusal to register the proposed mark A NEW KIND OF SODA on the Supplemental Register, for "Non-alcoholic sparkling fruit juice beverages; non-alcoholic water-based beverages," finding that the phrase fails to function as a trademark under Sections 1, 2 and 45 of the Trademark Act. Evidence of third-party use of the phrase "a new kind of soda," mixed in with applicant's own usage, took the fizz out of applicant's arguments.

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[Guest post] Burberry ‘Knight Blue’ and Gucci ‘Rosso Ancora’: New signature colours and also trade marks in the making?

The IPKat

The IPKat has received and is pleased to host the following guest post authored by Katfriends Antonios Baris and Spyridon Sipetas (both Stockholm University), reflecting on the IP implications of the recent unveiling, by Burberry and Gucci, of two new signature colours: Knight Blue and Rosso Ancora , respectively. Here's what Antonios and Spyridon write: Burberry ‘Knight Blue’ and Gucci ‘Rosso Ancora’: New signature colours and also trade marks in the making?

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The UPC Means Business: Patentee Wins Preliminary Injunction

JD Supra Law

The Unified Patent Court’s (UPC) Local Division Munich has granted a preliminary injunction in favor of 10x Genomics, preventing NanoString Technologies, Inc. from selling its CosMx Spatial Molecular Imager (SMI) instruments and CosMx reagents for RNA detection in 17 European Union countries.

Patent 71
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The Year of AI Continues: U.S. Copyright Office Wants Your Thoughts on the Potential Regulatory Framework for AI

IP Tech Blog

2023 has been a watershed year for AI with its entry into the broader public consciousness. AI has been front and center in the legal space as well, as this blog has detailed here and here. Now, the U.S. Copyright Office (USCO) is seeking public comments on the various legal, technical and policy issues raised by AI systems. The USCO is doing this with an eye toward possible changes or clarifications on what is copyrightable in this realm and to fulfill its functions of advising Congress and ser

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Romi’s Revenge: Notorious Manga Pirate Launches Explosive Book, Demands Retrial

TorrentFreak

While some pirate sites will obviously slip through the cracks, the overwhelming majority of piracy platforms that exist today are already known to the rightsholders they affect. Actions taken against specific pirate platforms are shaped by policy, resources, and other practicalities, meaning that less significant sites may face no immediate threat.

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SpicyIP Weekly Review (September 18- September 24)

SpicyIP

Wondering what IP developments took place last week? Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news. Highlight of the Week Comments on the Draft Patent (Amendment) Rules, 2023 Image by rawpixel.com on Freepix Comments pertaining to transparency and on substantive proposals within the draft Patent (Amendment) Rules, 2023, submitted to the Ministry of Commerce.

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More New York Legislative Enactments

JD Supra Law

New York State Governor Kathy Hochul continues to sign legislation emanating from a busy legislative session, including legislation rendering contractual assignment-of-inventions provisions unenforceable, prohibiting employers from accessing employee social media account log-in information, requiring written notice of unemployment insurance benefits, and modifying the New York Labor Law definition of “clerical and other worker.”.

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Infographic | Pharmaceutical chemist and IP lawyers

Olartemoure Blog

The collaboration between pharmaceutical chemists and lawyers specializing in intellectual propperty form an unstoppable team. The pharmaceutical industry is driven by innovation From discovering new compounds with therapeutic potential to developing novel drug delivery systems, pharmaceutical chemists play a pivotal role in this process. Protecting these innovations through intellectual property rights is crucial.

IP 59
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Connecting Neighbors to High-Speed Internet Service in Rural Texas

U.S. Department of Commerce

Connecting Neighbors to High-Speed Internet Service in Rural Texas September 25, 2023 KCPullen@doc.gov Mon, 09/25/2023 - 11:52 Infrastructure By: Kevin Gallagher, Senior Advisor to the Secretary In August, I had the pleasure of visiting Totelcom’s offices and training facilities in De Leon, Texas. Totelcom is a family-owned, rural telecom provider that serves De Leon—with a population of just over 2,000—and the surrounding communities.

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OpenAI comes out swinging in motions to dismiss copyright class action claims

Barry Sookman

OpenAI and Meta came out swinging in defense of several suits claiming their AI products infringe copyright and other rights. While these defendants are leaving to another day the legality of using copyright books for training their AI systems, they have clearly telegraphed the thrust of their defenses. In OpenAI’s motion to dismiss the Tremblay class action, usurpingly, it highlights the fair use defense.

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FDA’s Orange Book Listing Process: FTC Formally Joins the Fray

JD Supra Law

The Federal Trade Commission (FTC), supported by the Food and Drug Administration (FDA), issued a policy statement on September 14 indicating that the FTC intends to “scrutinize improper Orange Book listings” to identify potential violations of Section 5 of the FTC Act, which prohibits, among other things, unfair methods of competition.

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Comments on the Draft Patent (Amendment) Rules, 2023

SpicyIP

Image by rawpixel.com on Freepix As highlighted earlier, yesterday was the last day to share comments/ recommendations with the Ministry of Commerce on the draft Patent (Amendment) Rules, 2023. While on the blog, we have had posts by Md. Sabeeh Ahmad titled “ The Times They Are a-Changin’? A Look at the Revised Patent Prosecution Timelines in the Draft Patent Amendment Rules ” and by Swaraj and I titled “ Draft Patent Amendment Rules – Increasing Efficiency of Granting Patent M

Patent 64
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EUIPO Fifth Board of Appeal rules out that sale of spare parts for Ferrari’s Testarossa is genuine use of the trade mark

The IPKat

Pursuant to Article 58(1)(a) of Regulation 2017/1001 (EUTMR), a trade mark which has not been put to genuine use by its holder within five years after its registration may be liable to revocation unless there are valid reasons for its non-use. When considering spare parts in connection with genuine use, the Court of Justice of the European Union (CJEU) held in Ferrari SpA v DU ( C-720/18) EU:C:2020:854 (amongst others) that use of a trade mark is also genuine use if the proprietor of the trade m

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Federal Circuit Affirms Finding of Indefiniteness in Dispute Over Mobile Phone and Camera Patents

Patently-O

by Dennis Crouch The U.S. Court of Appeals for the Federal Circuit recently affirmed a finding by Western District of Texas Judge Alan Albright that certain claims in two patents owned by WSOU Investments LLC were invalid as indefinite under 35 U.S.C. §112. WSOU Invs., LLC v. Google LLC , Nos. 22-1066, -1067 (Fed. Cir. Sept. 25, 2023). Although the decision is designated nonprecedential, it includes a number of interesting lessons on the requirements for definiteness and disclosure of corresp

Patent 56
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EDVA Judge Rules That Geolocation Patents Are Invalid Under 35 U.S.C. § 101

JD Supra Law

On September 18, in identical opinions issued in separate cases against Google and Apple, EDVA District Judge Michael Nachmanoff ruled that four patents directed toward geolocation of mobile devices claimed patent-ineligible subject matter under 35 U.S.C. § 101. Geoscope Technologies PTE, LTD. v. Apple Inc., Case No. 1:22CV1373, 2023 U.S. Dist. LEXIS 165795 (E.D.Va.

Patent 66
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Realtek Denied Mandamus Relief at CAFC in ITC Battle with AMD

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) today denied a petition for writ of mandamus filed by Realtek Semiconductor Corporation seeking to direct the International Trade Commission (ITC) to vacate its ruling granting Advanced Micro Devices, Inc. (AMD)’s motion to strike Realtek’s witness from testifying at an upcoming evidentiary hearing.

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Artificial Intelligence in the Modern Workplace: A Multi-Part Series Highlighting Concerns and Implications of Using Artificial Intelligence Within a Company

LexBlog IP

As artificial intelligence (AI) grows in prevalence and accessibility, it is important for employers to consider the implications of its use by their employees. One method of anticipating and quelling potential liabilities that may arise is through deploying certain internal AI policies. This article focuses on certain issues employers should strongly consider when drafting and implementing an internal AI policy.

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Dykema Adds IP Litigation Senior Counsel In DC

IP Law 360

Dykema Gossett PLLC announced last week the hiring of a senior counsel for its intellectual property department out of its Washington, D.C., office, focusing on commercial and corporate litigation.

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Director Vacates PTAB’s Denial of Institution That Contradicted Federal Circuit Precedent on Anticipation and Written Description for Method of Treatment Patent

JD Supra Law

A Petitioner filed a request for rehearing and a request for Precedential Opinion Panel review after the Patent Trial and Appeal Board (PTAB or the “Board”) rejected its petition for post-grant review. The Director of the U.S. Patent and Trademark Office sua sponte granted Director Review and concluded that the PTAB failed to correctly determine whether a certain species inherently anticipated the challenged claims and whether the claims were supported by adequate written description.

Patent 66
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This Week in Washington IP: How the USPTO and Innovators Can Harness AI, a Preview of the Upcoming Supreme Court Term, and Assessing the Biggest Talking Points for U.S. Trade Policy

IP Watchdog

This week in Washington IP news, the U.S. Patent and Trademark Office (USPTO) discusses how innovators and the Office can use AI tools to their advantage. The Hudson Institute turns its attention to U.S. trade policy, including important trends in semiconductor geopolitics. Elsewhere, the House Science Committee will look into how the EPA uses technology and research development to support local partners and other stakeholders.

IP 52
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The Year of AI Continues: U.S. Copyright Office Wants Your Thoughts on the Potential Regulatory Framework for AI

LexBlog IP

2023 has been a watershed year for AI with its entry into the broader public consciousness. AI has been front and center in the legal space as well, as this blog has detailed here and here. Now, the U.S. Copyright Office (USCO) is seeking public comments on the various legal, technical and policy issues raised by AI systems. The USCO is doing this with an eye toward possible changes or clarifications on what is copyrightable in this realm and to fulfill its functions of advising Congress and ser

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Patenting Biotech Invention

Biswajit Sarkar Copyright Blog

Biotechnology is a diverse field of science that studies and utilizes biology, biological processes and organisms to formulate new products or methods that are meant to improve human living. Biotechnology and Intellectual Property are intrinsically linked given that both fields require technology and innovation to pull them forward. What is invented through biotechnological processes must be protected through patent protection lest a third person misuses the same.