Patently-O

NOVEMBER 7, 2022

Ordinarily, under Model Rule 4.2 you cannot communicate with a person represented by counsel in a matter without opposing counsel’s consent — even if opposing counsel is present (the rule is not limited to “ex parte” communications). While Rule 4.2(a) By David Hricik, Mercer Law School.

Copying 48

Copying Settlement Licensing Law 48

LexBlog IP

MARCH 14, 2023

First, in 2020, the FTC hosted a workshop, “ Reviewing the Franchise Rule. ” Second, in 2022, we saw the FTC (along with the Department of Justice) bring an action against Burgerim alleging violations of the FTC’s Franchise Rule as well as of the FTC Act.

Contracts 52

Contracts Business Government Litigation 52

LexBlog IP

FEBRUARY 7, 2024

However, the use of AI in litigation also bears risk, as highlighted by a recent First-tier Tribunal (Tax) decision, where an appellant had sought to rely on precedent authorities that, in fact, were fabricated by AI (a known risk with AI using large language models, referred to as hallucination). [1] 2] Ibid , at para. 3] Ibid , at para.

Publishing 52

Publishing Government Litigation Inventor 52

SpicyIP

FEBRUARY 7, 2022

Course Topics. Alternative pharmaceutical innovation models. BIICL is a world leading research organisation in international, comparative and rule of law issues. Overview of the pharmaceutical industry and national systems of innovation. Pharmaceutical intellectual property and product regulation. Course tutors.

Intellectual Property 98

Intellectual Property Law Government IP 98

LexBlog IP

JANUARY 31, 2023

BuzzFeed CEO Jonah Peretti recently announced a partnership with OpenAI’s ChatGPT artificial intelligence tool in a move he said would create a “new model for digital media.” Patent Protection Patentability of software has been a hot topic for the better part of 50 years. § 101. § 101.

IP 52

IP Copyright Law Copyright Intellectual Property 52

TorrentFreak

MARCH 28, 2023

As such, it is no surprise that the topic is also mentioned in IFPI’s annual Global Music Report , which discusses the state of the global music industry. At the same time, robust copyright rules and regulations must be respected. Since then, numerous experts have opined about the copyright challenges AI presents.

Music 139

Music Reporting Copyright Intellectual Property 139

Kluwer Copyright Blog

MARCH 19, 2024

Cairo Economic Court’s Ruling For the uninitiated, the Egyptian Copyright framework is set under book three of law n o 82 of 2002 for the Protection of Intellectual Property Rights (Egyptian Copyright Law – ECL) where enforcement is protected through two distinct means, being civil and criminal proceedings.

Art 56

Art Plagiarism Artwork Graphic Design 56

The IPKat

FEBRUARY 27, 2023

As such, it could be ruled that the relevant public was accustomed to linking that slogan to the motor vehicles manufactured by that company, thus facilitating the identification by the public of the commercial origin of the goods. Comment This decision adds to the increasingly relevant debate on greenwashing.

Trademark 132

Trademark Advertising Advertising Marketing 132

Kluwer Copyright Blog

MARCH 19, 2024

Cairo Economic Court’s Ruling For the uninitiated, the Egyptian Copyright framework is set under book three of law n o 82 of 2002 for the Protection of Intellectual Property Rights (Egyptian Copyright Law – ECL) where enforcement is protected through two distinct means, being civil and criminal proceedings.

Art 52

Art Plagiarism Artwork Graphic Design 52

Technology & Marketing Law Blog

MARCH 29, 2022

’ Another 230(c)(2)(A) defense ruling on the heels of Daystar v. The court’s opinion breezes through most of these important and complicated topics, mostly due to the plaintiff’s pro se arguments and Section 230. Negligence. Case citation : Quinteros v. Innogames, 2022 U.S. LEXIS 55640 (W.D. March 28, 2022).

Contracts 112

Contracts Advertising Advertising Confidentiality 112

The IPKat

FEBRUARY 6, 2022

Topics will include access and substantial similarity, fair use, performers' rights, moral rights, expert testimony, the role of lay listeners, sound sampling as it appears in court and out-of-court litigation. The trainers are Professors Graham Dutfield (University of Leeds) and Uma Suthersanen (Queen Mary University of London).

Intellectual Property 78

Intellectual Property Moral Rights Privacy Copyright Infringement 78

The IPKat

OCTOBER 9, 2023

Article 22) The length of the minimum period for keeping the design unpublished (Rule 6) Disclosure of traditional knowledge used in the design? As the initial text of Rule 6 would not have prevented this situation, the Japanese delegation proposed to eliminate the part “or from the priority date”. If so, what should that entail?

Designs 70

Designs Design Law Trademark 70

Intellectual Property Law Blog

MAY 2, 2023

This Guidance covers some important topics. These tools leverage AI to assist code developers by using AI models to auto-complete or suggest code based on developer inputs or tests. Open Source AI-based code generators (e.g., CoPilot) are a powerful application of GAI.

Government 237

Government Business Licensing Copyright 237

IP and Legal Filings

FEBRUARY 5, 2024

Over the course of the late 1980s and early 1990s, unethical business activities and dubious corporate policies plagued the global corporate sector, giving rise to the topic of corporate governance. Independent directors may be required to pass this course before being appointed.

Government 81

Government Business Reporting Confidentiality 81

TorrentFreak

OCTOBER 21, 2021

These have legitimate uses, to avoid abuse and harassment for example, but they also come in handy when a site’s business model is not entirely legal. There are several commercial Whois proxy or shielding services that hide registrant information. Copyright holders have complained about these privacy services for years. GDPR Byspass?

Privacy 127

Privacy Registration Intellectual Property Copyright 127

The IPKat

DECEMBER 8, 2021

The regulation of artificial intelligence is the topic of national and international public consultations and a growing area of literature. the exercise of control through rules and standards, including self-regulation; and second, that such control is exercised by one or more public bodies.

Journalism 89

Journalism Government Intellectual Property Law 89

Kluwer Copyright Blog

FEBRUARY 8, 2024

In the Commission’s proposal , the so-called Repair Clause is the hottest topic. The new rules will, in the words of the Commission, ‘help to open up and increase competition in the spare parts market, allowing consumers more choice in repairing complex products such as cars in particular.’

Designs 73

Designs Design IP Art 73

IPilogue

NOVEMBER 17, 2021

In September 2021, Indigenous model and activist Quannah Chasinghorse turned heads at the Met Gala wearing a gold cut-out gown by Peter Dundas and traditional Navajo turquoise jewelry. the Federal Court ruled that legal protection of works is not restricted based on the medium in which it is presented. Of note, in DRG Inc.

Ownership 103

Ownership Intellectual Property Artwork Copyright Law 103

Patently-O

MAY 23, 2022

Pre-trial “ Markman ” hearings to construe claims became the norm, and with that, the development of the Northern District of California’s Patent Local Rules for managing patent cases led by Judge Ronald Whyte. Although initially put forth as a voluntary case management model, practitioners quickly embraced these rules.

Patent 67

Patent Litigation Intellectual Property Intellectual Property Law 67

The IPKat

JUNE 3, 2022

Joined cases Louboutin/Amazon , C-148/21 and C-184/21 are referrals for a preliminary ruling made in the context of highly similar proceedings pending before, respectively, Luxembourg’s Tribunal d’arrondissement (C-148/21) and Belgium’s Tribunal de l’entreprise francophone de Bruxelles (C-184/21).

Marketing 52

Marketing Marketing Advertising Advertising 52

Biswajit Sarkar Copyright Blog

JULY 11, 2022

Due to the varied jurisdiction and the different rules that will be used, the parties to IP issues at the international level may be unable to file a court case. One of the most contentious topics in arbitration is the arbitrability of IP disputes. Arbitration as a concept is not new to the globe, but it does have certain issues.

Intellectual Property 52

Intellectual Property Settlement IP Copyright 52

SpicyIP

DECEMBER 15, 2023

Image produced by using a generative AI model ‘AI Generated Work’, ‘Computer Generated’ and ‘Work’ in Copyright: Whether AI Generated Work is a ‘Work’? Anson is an Assistant Professor at the Inter University Centre for IPR Studies, Cochin University of Science and Technology, Kochi. ” Notably, both the U.S.

Copyright 49

Copyright Artistic Work Copyright Law Music 49

IP and Legal Filings

JANUARY 29, 2023

However, the question of who owns the rights to these creations has been a topic of debate for some time. The suitability of deeming the gamers as “derivative authors” can also be ruled out, since this would require the gamers to take consent from the game developers for creating.

Copyright 81

Copyright Ownership Publishing Copyright Infringement 81

Copyright Lately

JANUARY 23, 2023

When Artists Attack (Midjourney) The Complaint Doesn’t Accurately Describe How Defendants’ AI Tools Work Diffusion Models Don’t Create Collages As a factual matter, the complaint misrepresents how AI diffusion models like Stable Diffusion actually work. The current Stable Diffusion model uses about 5 gigabytes of data.

Derivative Work 108

Derivative Work Art Copying Fair Use 108

LexBlog IP

SEPTEMBER 16, 2022

Back to the meeting – and we will start with the dark patterns discussion because we keep hearing about this topic. At this meeting, staff discussed the comments filed and asked the Commission to vote out a proposed imposter rule, and the Commission did just that, with a unanimous vote on the Notice of Proposed Rulemaking.

Designs 52

Designs Design Reporting Business 52

Kluwer Copyright Blog

FEBRUARY 28, 2024

In the words of the UKIPO: “ this is an issue that industry can, and should, seek to fix itself, although it does not rule out the possibility of legislative action in this area if industry does not take adequate steps to improve the situation.” Copyright law has always been an emotional topic.

Copyright Law 60

Copyright Law Copyright Law Music 60

Nelligan Law

FEBRUARY 28, 2022

The Rules of Professional Conduct also affirm that lawyers have a “special duty” to respect human rights and honour the obligation not to discriminate. Notice invisible social and professional networks. Need to hire in a pinch or refer a client? Calling an old friend may be the first thing that comes to mind.

Law 75

Law Settlement Reporting Business 75

Kluwer Copyright Blog

SEPTEMBER 4, 2023

Nonetheless, the judges have expressed that there is still a lack of understanding in the rules applicable to AI-generated works and have clarified that there is the need for a factual analysis to evaluate the level of human intervention in the creation of graphic works via AI systems, in order to allow access to copyright protection for such works.

Art 75

Art Editing Copyright Ownership 75

Kluwer Copyright Blog

JULY 5, 2022

The first topic up for discussion by the panel was the actual definition of the metaverse. The concept of property ownership in the metaverse coexisting with traditional models was addressed by Mr Pryor, who highlighted the acute problem of ownership of NFTs. The next topic in the discussion was user protection in the metaverse.

Ownership 56

Ownership IP Non-Fungible Tokens Intellectual Property 56

IP and Legal Filings

NOVEMBER 30, 2022

Trade in goods and services, investments, intellectual property, dispute resolution, e-commerce, small and medium-sized businesses, and economic cooperation are the main topics of discussion during the negotiations. Non-tariff measures (NTMs) advocate for more open customs policies and practises to facilitate trade for RCEP member nations.

Intellectual Property 70

Intellectual Property Marketing Marketing IP 70

43(B)log

DECEMBER 20, 2021

Young Living sells “essential oils and blends” through an MLM model. NARB affirmed the ruling in 2020. This case, where the legal holding is that the central advertising claims are just puffery, is a good illustration of the problem. Therapeutic-Grade.”

Advertising 90

Advertising Advertising Blogging False Advertising 90

The IPKat

FEBRUARY 21, 2022

As many of our readers know one of the most recurrent tax-related topics that come into discussion in the IP field is the so-called Patent Box (sometimes also - more properly - defined as the Innovation Box since it is not all about patents ).

Designs 70

Designs Design Patent IP 70

Kluwer Copyright Blog

JUNE 8, 2022

This two-part blog post offers a reflection on the topic of content moderation and bias mitigation measures in copyright law. Part II explores the potential of property rights to increase bias in content moderation by looking at the topic from the perspective of Article 17 CDSM Directive. Image by Gerd Altmann from Pixabay.

Public Domain 52

Public Domain Licensing Copyright Law Copyright 52

The IPKat

NOVEMBER 29, 2021

The recently issued conclusion (of 8 October 2021) by the Attorney General to the Dutch Supreme Court is worth discussing, as it gives an insightful analysis of a difficult topic: what are the limits to parody? Background In 2016, Verstappen featured in a TV commercial for Dutch supermarket chain Jumbo.

Law 70

Law Copyright Law Advertising Advertising 70

The IPKat

OCTOBER 9, 2021

A topic of interest in the UK courts at the moment (see the various applications to expedite trials because of it here ). He concluded that there are many good models, but the German model is still not that bad. We should give the new modifications a chance and first see what the effects will be before we change the model.

Reporting 57

Reporting Patent Intellectual Property Litigation 57

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. Read Anupriya’s excellent post here.

Trademark 59

Trademark Publishing Journalism Copyright 59

Kluwer Copyright Blog

MARCH 2, 2022

Thus, it could be argued that some journalistic pieces do not qualify for copyright protection as they would follow too strictly pre-determined rules. To comprehensively understand the key implications of robojournalism, copyright lawyers should also take a close look at the topic from the angle of media and communications studies.

Copyright 107

Copyright Journalism Intellectual Property Copyright Law 107