The IPKat

FEBRUARY 16, 2024

Policy debates in the US and the EU by Anna Pokrovskaya "Reviewing" the prior art The question of whether AI can be considered a person having ordinary skill in the art (PHOSITA) in a given field is a topic of significant debate in the policy realms of both the US and the EU.

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IP Tech Blog

SEPTEMBER 25, 2023

In this post, we will provide more information about this USCO initiative and some preliminary thoughts on its implications for the copyrightability of AI-generated works in the future. Thus, these definitions may end up being relied upon by courts and litigants in the future. We will track further developments in this space.

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Technology & Marketing Law Blog

JANUARY 2, 2023

Topics of conversation ranged from innocuous to serious, encompassing posts about parents discussing their own children, snow days and school closures, the school calendar, criticisms and concerns regarding District employees, and allegations that a District principal threatened a student. Atlas Biologicals, Inc.

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LexBlog IP

SEPTEMBER 25, 2023

In this post, we will provide more information about this USCO initiative and some preliminary thoughts on its implications for the copyrightability of AI-generated works in the future. ” While mundane, many of these terms do not have a generally accepted meaning, and the USCO is a credible source.

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Technology & Marketing Law Blog

MAY 17, 2022

There is a related but unanswered question here: COPPA spells out formation requirements for under-13s, including the need for parental consent. Roblox is essentially functioning as a seller of virtual merchandise, not a publisher of information [cite to HomeAway ]. ” Implications.

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Kluwer Copyright Blog

OCTOBER 5, 2022

In any case, CC have made it clear that they do not support minting NFTs for others’ work without the consent of the author, unless the work has already been released into the public domain (in which case CC still recommend approaching the author as this will be more ethically correct). Conclusion.

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TorrentFreak

SEPTEMBER 15, 2021

Several of the movie companies are Voltage affiliates and in our second report on the topic, we wondered whether members of this coalition intended to go after alleged pirates in the UK. Speaking with TorrentFreak, a Virgin Media spokesperson confirmed that the company had indeed handed over subscriber information to Voltage Holdings. “We

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LexBlog IP

JANUARY 3, 2022

The plaintiff – Healthcare Resources Management Group, LLC (“HRMG”) – is a producer of pharmaceutical-grade hemp products that sells a topical cannabidiol (“CBD”) cream under its Pharmalieve brand and on a “white label” basis using alleged trade secrets. at *4-6, 15. ” Id. § 1836.

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LexBlog IP

FEBRUARY 7, 2024

For example, in October 2023, the First-tier Tribunal decided the appeal of Clearview AI, a US provider of facial recognition software, against a fine issued by the Information Commissioner for breaches under the EU and UK data protection regimes. [11] 11] Clearview AI Inc v The Information Commissioner [2023] UKFTT 819. [12]

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LexBlog IP

SEPTEMBER 20, 2022

For some time now, dark patterns have been quite the trending topic for both marketers and privacy professionals. And outside this country, the European Data Protection Board issued some interesting guidelines on the topic. A bipartisan group of lawmakers introduced legislation called the DETOUR Act that would ban dark patterns.

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IIPRD

APRIL 8, 2024

And then further questions like if given protection under IPR, will that be fair to the initial creators, whose works were used without consent or licensing to create these so-called novel art pieces? 3] Algorithms use existing information and art to learn to create novel looking pieces. [4] In a recent case i.e. Anderson v.

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TorrentFreak

MAY 16, 2022

After reading one of our articles on the topic, attorney Paul Levy at the Public Citizen Litigation Group concluded that it was. This was not really about copyright, it was about the usefulness of copyright law to facilitate access to something even more valuable than money – information. Something didn’t sit right.

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The IPKat

JULY 30, 2023

of the Trade Mark Directive states that trademark rights are exhausted if the goods bearing the trademark have been put on the market in the EEA (European Economic Area) by trademark owners or with their consent. Counterfeit goods Last but not least, a hot topic for second-hand fashion is the resale of counterfeit goods. Article 15.1

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Garrigues Blog

JUNE 1, 2021

This poses a few interesting questions: Is it necessary to obtain consent from the people involved to make a series based on real events? We will continue to keep you informed of the lasted legislative and case law developments. To what extent can reality be made fictional in a film or series? is there anything I can do?

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Technology & Marketing Law Blog

MAY 2, 2022

The court says the CFAA’s legislative history makes clear that it was intended to “apply only to private information—information delineated as private through use of a permission requirement of some sort.” The court says the key question is whether hiQ’s conduct is analogous to “breaking and entering”.

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SpicyIP

NOVEMBER 8, 2023

Speaking of this topic, I can’t miss Bedaquiline , the first new drug to receive approval to treat tuberculosis (TB) in over 40 years, which raised serious questions about its marketing approval without mandatory Phase III clinical trials in India and around informed consent of Indian patients.

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Michael Geist

APRIL 6, 2022

The court added: The Internet’s capacity to disseminate information has been described by this Court as “one of the great innovations of the information age” whose “use should be facilitated rather than discouraged”. Hyperlinks, in particular, are an indispensable part of its operation.

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Technology & Marketing Law Blog

JANUARY 15, 2024

To piggyback on the editorial board analogy, if the newspaper itself had published an account of its editorial policies and decisions, and it turned out to be potentially fraudulent in some way, it would not chill the newspaper’s exercise of editorial control to investigate whether the newspaper’s public statements on that topic were false.

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IP Whiteboard

APRIL 15, 2021

Since that time, Meghan and Harry have been very open about their frustration with the British media’s negative coverage of Meghan, which The Duke and Duchess of Sussex consider to be laced with racially-charged undertones (while we’re on the topic, some unsolicited advice for readers: the Oprah interview is must-see viewing).

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Trading Secrets

JUNE 3, 2022

This blog post summarizes some of the significant decisions grouped by the hot topics below. The district court also held below that plaintiff did not establish an “improper acquisition, disclosure, or use of a trade secret without consent.” There have been some noteworthy recent decisions in trade secrets law. In Oakwood Lab’ys LLC v.

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IP and Legal Filings

DECEMBER 9, 2022

Data localization, data export, and data protection rules that first emerged in the Chinese Cybersecurity Law in 2017 are further outlined in the Data Security Law and the Personal Information Protection Law. Under the PIPL, express and informed consent must generally be obtained from data subjects for processing of personal information.

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Privacy Law Business Branding 85

IP Tech Blog

JANUARY 4, 2023

For more details on the topic of design and the metaverse in China see our previous blog post. Chaining constitutes “Information Network Transmission”. The display of the NFTs/DCs on the NFT trading platform for selling purposes (chaining) is considered by the law to be an act of “Information Network Transmission.”

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

Technology & Marketing Law Blog

OCTOBER 16, 2023

The age estimation and privacy provisions thus appear likely to impede the “availability and use” of information and accordingly to regulate speech.” The provision at issue appears likely to discard these beneficial aspects of targeted information along with harmful content such as smoking, gambling, alcohol, or extreme weight loss.”

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LexBlog IP

FEBRUARY 9, 2024

The key updates in the Final Rule include: Consent: A long-standing tenet of the Part 2 regulations was that SUD records could not be used or disclosed without specific patient consent, except in very narrow circumstances.

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Kluwer Copyright Blog

AUGUST 13, 2023

Despite the various regulatory approaches, litigation is starting to emerge due to the inherent uncertainty of the topic. It is based on “ large language models ” (so called LLM ), which is “ trained by copying massive amounts of text ” (so called training dataset ) “ and extracting expressive information from it ” (see § I.2).

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Technology & Marketing Law Blog

JUNE 27, 2022

To do the authentication, businesses will be forced to collect personal information they don’t want to collect and consumers don’t want to give, and that data collection creates extra privacy and security risks for everyone. Third, this bill reaches topics well beyond children’s privacy. NO ONE WANTS THIS.

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LexBlog IP

SEPTEMBER 5, 2023

In-Person Hearings Should Not Require the Consent of an Adversary Last week, the PTAB published an updated Oral Hearing Guide ( here ) to reflect current agency practices. The changes include rather mundane clarifications on such topics as public access and demonstrative submission for ex parte hearings.

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LexBlog IP

JANUARY 4, 2023

For more details on the topic of design and the metaverse in China see our previous blog post. Chaining constitutes “Information Network Transmission” The display of the NFTs/DCs on the NFT trading platform for selling purposes (chaining) is considered by the law to be an act of “Information Network Transmission.”

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

LexBlog IP

DECEMBER 1, 2022

Key proposed changes align the use and disclosure of Part 2 treatment records with the HIPAA requirements, as follows: Disclosure: A single patient consent given once for all future uses and disclosures for treatment, payment, and health care operations (TPO) of Part 2 records. This post is also being shared on our Health Law Diagnosis blog.

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Privacy Confidentiality Blogging Law 52

The IPKat

DECEMBER 21, 2021

Rendas begins in his introduction and in Chapters 1 and 2 by outlining the place of the catalogue of mandatory and optional exceptions to be found in Article 5 of the EU Information Society Directive in the international legal framework and in EU copyright law as whole. His conclusion is that Article 5 scores poorly.

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SpicyIP

JULY 19, 2021

Topical Highlight. Not obtaining the author’s consent might lead to heavy penalties. In this post , we informed our readers that The IP Press Law Review is inviting submissions for its inaugural issue. The Cinematograph (Amendment) Bill 2021: Overbroad, Disproportionate and Unnecessary. I, Issue I [Submit by September 20].

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LexBlog IP

JUNE 28, 2023

For further information on this topic please contact Kriton Metaxopoulos at A & K Metaxopoulos & Partners Law Firm by telephone (+30 210 725 7614) or email ( k.metaxopoulos@metaxopouloslaw.gr ).

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SpicyIP

JANUARY 2, 2022

This year, we have divided these developments into three categories: a) Top 10 IP Judgments/Orders (Topicality/Impact). Top 10 Judgments/Orders [Topicality/Impact]. The petitioner claimed that the web series and the film had not gotten prior consent and was being produced for commercial gain. c) Top 10 Other IP Developments.

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Kluwer Copyright Blog

AUGUST 12, 2021

The so-called “conditional irresponsibility” of online content-sharing service providers (OCSSPs) with regards to copyright infringements is a never-ending, vexing, and daunting topic not only for scholars (see here , here , here and here ), but also for the European Court of Justice itself (CJEU). 147 ECL) and moral rights (art.

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Copyright Moral Rights Copyright Infringement Marketing 103

Kluwer Copyright Blog

SEPTEMBER 29, 2022

Who should these operations be imputed to, to what extent are these acts exempted from rightholders’ consent pursuant to harmonized exceptions, and are the safe harbour rules for hosting services applicable here? That detour goes against the legislature’s objective of facilitating switching by empowering costumers (recital 72).

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Technology & Marketing Law Blog

SEPTEMBER 23, 2021

At issue is a photo taken in public without Hepp’s consent that got cycled into various memes and unwanted commentary. I’m dreading when any Section 230 case goes to the Supreme Court because Justice Thomas will feel free to mess up Section 230 jurisprudence, even on topics not properly before the court. About the Case.

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SpicyIP

FEBRUARY 12, 2024

Last week we published 9 posts on topics such as our comments on the proposed Trademarks (1st Amendment) Rules, the Madras High Court’s decision with respect to patentability of business methods, and Union Minister of State for Commerce’s response on ability of the current IPR regime to cater concerns arising out of AI generated work.

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