The IPKat

DECEMBER 11, 2023

This week marks the publication of a book by the IPKat’s Dutch friend and former GuestKat Léon Dijkman on the hotly contested notion of the proportionality test in European patent law, accessible for free here. US courts have developed the so-called ‘causal nexus’ test to prevent this from happening [e.g. here , at 792].

Patent Law 70

Patent Law Law Patent Invention 70

The IPKat

APRIL 25, 2024

Since we last wrote for the IPKat on the topic , additional posts have discussed the Science, Innovation and Technology Select Committee’s inquiry into the impact of AI on the creative industries and the UK House of Lords Inquiry into Large Language Models.

Contracts 76

Contracts Artistic Work Copyright Copyright Law 76

Plagiarism Today

OCTOBER 4, 2022

However, it did inspire more litigation in this space and, according to reports, kept many lawyers busy answering calls on the topic. Lieb, proposed creating “algorithmic-based tests” that would resolve such disputes instead of juries. The goal is to find ways to pass the bot’s tests, while defeating its purpose.

Copyright 254

Copyright Music Litigation Plagiarism 254

LexBlog IP

APRIL 11, 2023

The Times applied to register the six Marks in August 2020 for use in connection with columns covering various topics in Class 16 and providing online publications in Class 41. The Board noted that implicit in the Lens.com test is considering consumer perception as well as the consumer’s experience or interaction with the product.

Registration 52

Registration Trademark Advertising Advertising 52

Intellectual Property Law Blog

MAY 2, 2023

The AI Bill of Rights is a voluntary, non-binding framework, but federal agencies likely will consider it as they craft guidance and requirements regarding the development and use of artificial intelligence. This Guidance covers some important topics.

Government 237

Government Business Licensing Copyright 237

IP and Legal Filings

MARCH 6, 2023

Doping in competitive sports is a controversial topic since it undermines fair play and sportsmanship at its core. The National Anti-Doping Agency was founded by the Ministry of Youth Affairs and Sports to carry out the ICADS’s requirements after India also endorsed it in 2007. In the case of National Anti-Doping Agency v.

Law 74

Law Government IP 74

43(B)log

FEBRUARY 15, 2022

The court found the imagination test for descriptiveness “inconclusive” “to determine whether consumers would require a mental leap to understand that BoostLash refers to an eyelash growth serum.” That is not the test. But the PTO’s registration without requiring secondary meaning counseled against finding descriptiveness.

Registering Trademarks 72

Registering Trademarks Confidentiality Trademark Advertising 72

The IPKat

NOVEMBER 29, 2022

The UPC has brought in a strong authentication procedure for users to access the CMS, which requires two certificates - one for authentication to log in and one for electrotonically signing documents you want to upload. The survey has been running for almost a week and garnered several comments and emails on the topic.

Reporting 57

Reporting Patent Copying Patent Law 57

The IPKat

APRIL 27, 2023

Kat Friends Hanne Kirk and Charlotte Mittet Høfler analysed a recent Danish Supreme Court decision regarding the infringement of copyright in pottery, which held that the nature and the severity of the infringement provided a basis for lowering the requirement for proof of the amount of the loss.

Reporting 67

Reporting Advertising Advertising Music 67

Patently-O

AUGUST 30, 2022

But, Genius does require its users to agree to an extensive contractual agreement that includes a promise that the user will not commercially reproduce, copy, or distribute any portion of the Genius service. The case ties in directly to lots of academic work on the topic. Petition for Cert. Zeidenberg , 86 F.3d 3d 1447 (7th Cir.

Copyright Law 78

Copyright Law Copyright Law Contracts 78

The IPKat

JULY 17, 2023

This was important because where a mark is determined to be an “expressive work”, US courts have historically applied the threshold test derived from the First Amendment in the Rogers v Grimaldi decision. The Rogers test requires, in the case of “expressive works”, the dismissal of an infringement claim at the outset.

Fair Use 52

Fair Use Trademark Designs Design 52

43(B)log

FEBRUARY 16, 2024

Second, the Lexmark court says, 43(a) has a proximate cause requirement: a plaintiff suing under § [43](a) ordinarily must show economic or reputational injury flowing directly from the deception wrought by the defendant’s advertising; and that that occurs when deception of consumers causes them to withhold trade from the plaintiff.

Trademark 59

Trademark Fair Use Registration False Advertising 59

Kluwer Copyright Blog

OCTOBER 5, 2022

It increasingly appears that judges are waiting for a case which requires the inconsistencies between EU and UK copyright law to be addressed. The Defendant also argued that the product was not one of craftsmanship – claiming that the WaterRower was technical with only limited design choice, not requiring a craftsman’s skill.

Artistic Work 93

Artistic Work Copyright Copyright Law Designs 93

LexBlog IP

APRIL 20, 2023

In its announcement, OCR noted that it is supporting continued utilization of telehealth services by providing a 90-day transition period for providers to “come into compliance” with HIPAA requirements applicable to the provision of telehealth, starting May 12, 2023, and ending August 9, 2023.

Blogging 40

Blogging Privacy Business Law 40

The IP Law Blog

MAY 5, 2022

According to reports, he included strict exam instructions, including “forbidding students from using any class materials, notes or online resources while taking the tests,” and instructing the students they were “prohibited from copying any part of the exam.”. This lawsuit was dismissed one month after it was filed.

Copyright Law 98

Copyright Law Copyright Law Copyright Infringement 98

LexBlog IP

AUGUST 9, 2023

Topic This case addresses patent eligibility under Alice and whether the district court should have afforded the patent owner leave to amend its complaint. Issue(s) Whether the district court oversimplified the claims under step one of the Alice tests. The district court further denied Sanderling’s motion for reconsideration.

Invention 52

Invention Patent Intellectual Property 52

LexBlog IP

AUGUST 3, 2023

In the intellectual property sphere, one of the hottest topics surrounding the use of these AI tools is whether the works of art or inventions (including works of industrial design) created using these tools can still be considered the creation of the individual author or designer. This question is of critical importance because the U.S.

IP 52

IP Intellectual Property Artwork Designs 52

IP and Legal Filings

MAY 11, 2024

Genetically Modified Organisms (GMOs) in agriculture is a topic that evokes sharp reactions across the globe. Although the testing is designed to check for such cases, long-term effects on human health from the consumption of GMO food are still arguable. It is required to strengthen public awareness and participation in regulation.

Law 80

Law Intellectual Property Designs Design 80

SpicyIP

OCTOBER 19, 2023

Basheer endorsed the point about testing patent agents on foundational legal subjects since a good part of patent prosecution will involve “legal” aspects, without requiring them to have a law degree to take the exam. The topic was particularly pondered in a post called “ Is “Science” Essential for Creating Patent Lawyers

Patent Prosecution 59

Patent Prosecution Reporting Blogging Patent 59

LexBlog IP

MARCH 8, 2023

We also have an upcoming webinar covering the topic in March – details here.) To support the comparative claim, Oral Essentials did a head-to-head in vitro lab test using 40 enamel chips from 20 healthy human extracted teeth (two from each tooth). We shall see. The FTC gives a pithy overview of the new guidelines in this blog. (We

Advertising 52

Advertising Advertising Branding Brands 52

The IP Law Blog

JULY 15, 2021

To determine whether claims are patent-eligible the Supreme Court set forth a two-part test in Mayo as further explained in Alice. This test consists of the following steps: Step 1: The court determines whether the claims are directed to an abstract idea.

Law 109

Law Patent Invention Intellectual Property 109

Patently-O

FEBRUARY 15, 2023

The Federal Circuit weighed in on the amorphous topic of subject matter eligibility in the recent opinion ChromaDex, Inc., Although the claims require isolated NR, they do not require a specific high-concentration, only enough to “increase[] NAD+ biosynthesis upon oral administration.” 4th —, Docket No.

Patent 54

Patent Patent Drafting IP Law 54

The IPKat

JULY 9, 2022

The conference, which from now on will be a yearly event, was excellent: during the two days of proceedings, over 50 speakers covered topical issues and recent case law spanning all substantive IP rights: not just trade marks designs and geographical indications (all areas over which the EUIPO does have competence), but also copyright and patents.

Registration 98

Registration IP Designs Design 98

The IPKat

OCTOBER 8, 2021

The Review has been published in the latest version of the CIPA journal (CIPA login required). Final days of revision The Mercer Review includes a review of the submissions on a broad range of topics related to patent attorney training and exams. Members of the Review Group included Chris Mercer, Lindsay Pike (Informals Hon.

Patent 82

Patent Reporting Contracts Journalism 82

The IPKat

APRIL 20, 2022

A Kat in desperate need of a coffee GuestKat Gabriele Girardello shared with us the trends and topics covered at the “Pharma & Biotech Patent Litigation” conference in Amsterdam, which he attended on 14-16 March 2022. GuestKat Rose Hughes provided here insights with several KatFriends also offering their views on the matter.

Intellectual Property 67

Intellectual Property Reporting Designs Design 67

43(B)log

MARCH 25, 2024

The Family Smoking Prevention and Tobacco Control Act requires cigarette packages to include “color graphics depicting the negative health consequences of smoking to accompany the [updated] label statements.” It returns to the district court for an APA challenge, about which I express no opinion.) That is a factual statement.

Advertising 64

Advertising Advertising Social Media Government 64

The IPKat

OCTOBER 2, 2023

The Enlarged Board of Appeal (EBA) decision in G 2/21 arose from a case seeking guidance on the evidence requirement for a purported technical effect relied on for inventive step ( IPKat ). This often creates a problem for applicants in cases where a purported technical effect requires experimental evidence.

Invention 70

Invention Art Publishing Patent 70

The IPKat

OCTOBER 2, 2023

Remarkably, ChatGPT and its cohorts are now capable of passing the famous Turing test , such that text generated by ChatGPT cannot be readily identified as being written by an AI as opposed to a human, as any teacher struggling to identify AI-assisted essays will tell you. After all, ChatGPT is reportedly capable of passing the US bar exam.

Patent Drafting 73

Patent Drafting Patent Invention Technology 73

TorrentFreak

MARCH 9, 2022

RCN focuses heavily on the piracy tracking evidence from Rightscorp but has also brought up another topic; the decision by major record labels to remove DRM from the iTunes music store in 2009. As the case moves to trial, both parties have collected evidence to aid their viewpoints. This decision will come as a disappointment to the ISP.

Music 129

Music Copying Privacy Copyright Infringement 129

TorrentFreak

FEBRUARY 24, 2023

Liability, Pressure on Intermediaries Other options under discussion include increased liability for intermediaries and requirements for ISPs and OSPs to obtain and retain more detailed customer information. If personal information is required, rightsholders should present a court order. Executive Order 13984.

Publishing 120

Publishing Advertising Advertising Music 120

The IPKat

JANUARY 5, 2022

The EPO Guidelines for Examination require the description of a patent application to summarise the background art ( F-II-4.3 ). This requirement usually manifests with a request from the Examiner for the description to be amended to identify the closest prior art.

Art 113

Art Patent Application Patent Invention 113

IIPRD

NOVEMBER 1, 2023

Test of Sustainability The uniqueness of a piece of art is evaluated by its potential to endure as a form of expression across time. The test is used to establish the extent to which one artist has copied, reinterpreted, and re-created the work of another artist.

Intellectual Property 52

Intellectual Property Art Artwork Intellectual Property Law 52

Art Law Journal

APRIL 21, 2022

We cover topics including career paths, preparing for interviews, using social media to grow your footprint, networking, and much more. While UX and UI both require a wide set of skills and do work hand in hand, they are two completely different concepts and therefore two completely different roles. UX and UI are often paired together.

Designs 52

Designs Design Art Social Media 52

Kluwer Copyright Blog

DECEMBER 12, 2021

Nonetheless, before any policy and law-making endeavour can be undertaken, a fitness test of the existing IP framework is indispensable. Based on the results of this conceptualisation, where ML models are considered as computer programs and as independent works, the final part puts each of them to the copyright test.

Copyright 52

Copyright Public Domain Intellectual Property Database Right 52

TorrentFreak

DECEMBER 17, 2022

This position was put to the test last month when U.S. Accessing either requires sadditional technical knowledge, however. Meanwhile at Z-Library… The notices show that Z-Library remains a hot topic, and not just among authors and users of the site. law enforcement seized over 200 domain names connected to the site.

Social Media 101

Social Media Copying Reporting Copyright 101

The IPKat

MARCH 21, 2024

The patent related to the problem of how to test biological samples for the presence of many different biological molecules at once, instead of having to run many separate tests for the presence of each type of molecule. How much the description should be used to interpret the claims is currently a hot-topic at the EPO ( IPKat ).

Invention 57

Invention Art Patent Licensing 57

43(B)log

FEBRUARY 17, 2022

Starting with the survey experts: Excluding survey evidence requires meeting a “heavy burden,” as long as a survey is “fairly prepared and its results directed to relevant issues.” The test group saw homepage statements regarding FDA involvement in Tru Niagen, including the phrases “3 FDA Safety Notifications” and “reviewed and accepted by.

False Advertising 59

False Advertising Advertising Advertising Social Media 59