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Last week, Advocate-General Campos Snchez-Bordona delivered his opinion in Case C341/24 Duca di Salaparuta. As this Kat previously reported here , the Italian Supreme Court referred questions to the CJEU on conflicts between geographical indications and trade marks for wines. The AG took the view that more recent provisions which protect trade marks with a reputation did not apply retroactively to geographical indications that were registered under the earlier EU regulations.
This week on IPWatchdog Unleashed, we speak with James Edwards, a property rights advocate, lobbyist and now also the author of the forthcoming book To Invent Is Divine: Creativity and Ownership,which addresses the disconnect between the attributes of creativity and ownership and human innovation, technological progress, and practical benefits from human creativity and ownership in combination.
This case involves the Maple Leaf Rag song, composed by Scott Joplin. Even if you aren’t a ragtime aficionado, you may have heard this tune. Joplin’s song is in the public domain now. The plaintiff Robinson made a recording of it ( here is one such version ) that is copyrighted. The defendant Binello made a popular Roblox game called MeepCity allegedly visited 1B times: The game included a feature that allowed users to gather and talk with each other in a pizzeria, which included a p
Image by Jorge Franganillo from Pixabay On March 18, 2025, the United States Court of Appeals for the District of Columbia Circuit affirmed the denial of Stephen Thalers application to register A Recent Entrance to Paradise , a purportedly machine-authored work, holding that the Copyright Act of 1976 requires all eligible work to be authored in the first instance by a human being.
Software is complex, which makes threats to the software supply chain more real every day. 64% of organizations have been impacted by a software supply chain attack and 60% of data breaches are due to unpatched software vulnerabilities. In the U.S. alone, cyber losses totaled $10.3 billion in 2022. All of these stats beg the question, “Do you know what’s in your software?
Patent holders must start Unified Patent Court (UPC) proceedings on the merits within a certain period if they do not want to risk the revocation of provisional measures. The UPC has now clarified that filing the statement of claim in the case management system (CMS) is sufficient to meet this deadline. Court fees do not have to have been received by the court provided that the payment has been initiated.
Originally posted 2010-11-30 08:00:13. Republished by Blog Post PromoterIn far-off Hong Kong, the Motion Picture Association has created a Boy Scout merit badge on copyright: “Boy Scouts in Hong Kong now can earn merit badges for learning about the wonders of copyright law–at least the version described by the Motion Picture Association,” reports Declan McCullagh. […] The post Good Deed for the Day: Helping Old Producers Cross Agents appeared first on LIKELIHOOD OF CONFUS
The IPKat has received and is pleased to host the following guest contribution by Katfriend Angela Chung (Berkeley Law) reflecting on the flaws and grey areas for artistic protection through the moral rights of the Visual Artists Rights Act (VARA) in the era of AI, and discussing the controversies of the recent Studio Ghibli AI craze as a starting point to get at the heart of ethical concerns on artistic extraction.
The IPKat has received and is pleased to host the following guest contribution by Katfriend Angela Chung (Berkeley Law) reflecting on the flaws and grey areas for artistic protection through the moral rights of the Visual Artists Rights Act (VARA) in the era of AI, and discussing the controversies of the recent Studio Ghibli AI craze as a starting point to get at the heart of ethical concerns on artistic extraction.
James Somerton was accused of plagiarism in December 2023. He re-emerged as a wedding photographer, using stock images as his work. The post James Somerton Re-Emerges, Plagiarizes Again, Disappears appeared first on Plagiarism Today.
Like many similar reports published most weeks by newspapers in Europe, an article published by Belgian media outlet L’Echo late Saturday evening pulled few punches. The publication explained that after football broadcasters DAZN and 12th Player obtained authority from a local court for a new type of enforcement action, on Saturday Belgian ISPs blocked around 100 illegal streaming sites and five pirate IPTV providers.
This LawFlash summarizes key EU copyright aspects of the European AI Offices third draft of its General-Purpose AI Code of Practice developed in connection with the EU AI Act. The Code of Practice sets out commitments and measures for providers of general-purpose AI models (GPAI models) (whether involving systemic risks or not) that are subject to the AI Act.
Image from here Imagine that your client has come up with an invention (a process) that enables animals on your farm to absorb more energy than is usual from their feed/diet. It coincidently might also increase the economic value of the animals, mostly poultry and swine, after consuming the enhanced feed. Would this be a method of treatment for animals that is barred by Section 3(i)?
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.
All intellectual property rights have a limited territorial scope. This can make it difficult to determine if an IP right is infringed, particularly when the contested use takes place online. The German Supreme Court recently dealt with the question of the commercial effect of two websites which were primarily directed at Kazakhstan and Ukraine. Background The plaintiff produces clothing and owns the copyright to photographs of such clothing.
I have not added a copyright post here since March 19, when the DC Circuit Court of Appeals affirmed in Thaler v. Perlmutter that works produced autonomously by generative AI (GAI) are not protected under U.S. copyright law. Although it is good to see the human authorship doctrine in copyright left undisturbed, it is a […] The post Copyright and AI in a World of Whiplash Public Policy appeared first on The Illusion of More.
Last week, Wikimedia reported that AI bots saturated their available bandwidth. Here's why the bad bots are getting so much worse. The post The Battle Against the Bots appeared first on Plagiarism Today.
In the autumn of 2023, a storm brewed between two tech titans. Nokia, the Finnish telecommunications stalwart, filed lawsuits across four continents, alleging that Amazons streaming servicesPrime Video and Twitchhad woven its patented video technologies into their platforms without permission. The claims centered on innovations Nokia had cultivated over decades: video compression algorithms that shrink file sizes without sacrificing quality, adaptive bitrate systems that adjust streaming.
Today, Senators Marsha Blackburn (R-TN), Chris Coons (D-DE), Thom Tillis (R-NC) and Amy Klobuchar (D-MN) reintroduced the NO FAKES Act, which would create a federal IP right to an individuals voice and likeness. In September 2024, U.S. Representatives Mara Elvira Salazar(R-FL), Madeleine Dean(D-PA), Nathaniel Moran(R-TX),Joe Morelle(D-NY),Rob Wittman(R-VA) and Adam Schiff (D-CA) introduced the bill in the House of Representatives, two months after Coons, Blackburn, Klobuchar and Tillis had in th
Having listened to LaLiga chief Javier Tebas speak about piracy for almost an hour at a conference recently , several things become apparent. Whether one agrees or disagrees with his stance on how to tackle piracy, in particular the blocking controversy that has dogged Spain since early February, at a time of crisis this would be the man to have fighting your corner.
A world increasingly defined by convergent technology – digital-physical hybrid goods and services – is providing the very framework through which businesses operate, innovate, and connect with their consumers. These products weave together the cloud through wearable devices or integrate augmented reality into mundane objects, among a whole other raft of hybridizations that bring technology closer to the physical.
Artist sues Quavo over Back to Basics video, Cyprus court rules copyright law unconstitutional and Ghanaian artists battle over sample. The post 3 Count: Back to Basics appeared first on Plagiarism Today.
Artificial intelligence is revolutionizing life science R&D (particularly in the realm of drug discovery) and challenging the traditional "human inventorship" requirement for U.S. patents. Recent guidance from the USPTO clarifies that a substantial human contribution is required for AI-assisted inventions to be eligible for patent protection. This article explores the implications, highlighting the need for proactive inventorship inquiries to navigate the complexities of AI-driven innovation
INTRODUCTION Patent legislation offers legal safeguarding for novel inventions once they have been patented by their creators. A patent , essentially a temporary monopoly, is bestowed upon the owner in exchange for disclosing the invention to the public. This system benefits both society and the inventor. The inventor gains the advantage of excluding others from utilizing the invention for a period of 20 years, while the public benefits from the eventual accessibility of the invention once the p
Admissions for LL.M. in Intellectual Property and Competition Law at Munich Intellectual Property Law Center (MIPLC) are now open! Take a look below at their sponsored post to know more about the benefits of the programme. From Law to Leadership: How the MIPLC LL.M. Transforms Careers in IP and Competition Law If youre reading this, chances are youre already intrigued by the world of intellectual property, data, and competition law, and the ever-shifting terrain of the digital economy.
The good and the great from the trade mark world, at least insofar as it includes people who were in London on 3 April, descended on the offices of Simmons & Simmons for this years excellent Retromark, in association with the IPKat. Formed of two panel sessions and a keynote from Prof. Johanna Gibson (Queen Mary), it was a lively and informative update.
A Copyright Claims Board case illustrates why so many copyright plaintiffs ask for sky-high damages. Because you can miss out if you don't. The post Copyright, Statutory Damages And Unicorn Party Dresses appeared first on Plagiarism Today.
The United States Court of Appeals for the Federal Circuit recently affirmed a district court ruling that a pharmaceutical dosing claim limitation was unpatentable due to obviousness-type double patenting. The court found that the reasonable expectation of success for the obviousness standard can be met even when there are fact-based differences between the claimed dosing regimen and prior art.
As the 2025 federal election passes the midway point, it is increasingly apparent that the federal political parties are not only battling for votes, but also for data. Canadians may not see it but political parties are data machines anxious to collect and use as much data about potential supporters as possible. Sara Bannerman is the Canada Research Chair in Communications Policy and Governance at McMaster University.
With the continued growth of pirate IPTV services in recent years, TV broadcasters and distributors have been ramping up their anti-piracy efforts. The International Broadcaster Coalition Against Piracy ( IBCAP ) has been particularly active. It’s also the main driver behind a new lawsuit filed yesterday by DISH Network at a Texas federal court.
Last weeks firing of the head of the National Security Agency and U.S. Cyber Command, along with his deputies, is one more reason to conclude that the United States is not led by serious people. As the administration waves off the implications of Signalgate and then fires Four-Star General Timothy D. Haugh et al. on […] The post As AI Moves Fast and U.S.
Australian media outlets sued over using social media photo, DISH sues pirate IPTV sites and artist can't find Taylor Swift. The post 3 Count: DISH Soap appeared first on Plagiarism Today.
Increases in Counterfeit Beauty and Personal Care Products - The rise of e-commerce has led to increasing sales of counterfeit or noncompliant beauty and personal care products, including many that are knockoffs of established brands. U.S. Customs and Border Protection (CBP) estimates that in FY 2023, 31% of intercepted counterfeit goods were beauty and personal care products.
WIPO Academy, the Korean Intellectual Property Office (KIPO), the Korea Invention Promotion Association (KIPA), and the Korea Advanced Institute of Science and Technology (KAIST) are inviting applications for the annual Advanced International Certificate Course (AICC) on Intellectual Property Asset Management for Business Success. The course is fully sponsored for selected candidates and the last date to apply for the Course is April 20 (~11:59 p.m.
The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential, per curiam order on Thursday denying a mandamus petition brought by SAP America Inc. and SAP SE that sought to compel the district court to transfer its case from the Marshall division of the Eastern District of Texas to Sherman. However, the order spent a considerable amount of time detailing the district courts errors.
The parties’ names make this case sound more like a Hollywood blockbuster movie than a SAD Scheme-like case. This suit isn’t a classic SAD Scheme case because the plaintiffs went after the marketplace, not the merchants. This case involves the Pandabuy service , an online shopping platform that allows consumers to purchase goods from third-party Chinese e-commerce platforms based in China which do not ship directly to the United States.
Schedule 1 has become an indie darling, selling millions of copies in just weeks. But it's attracted some unwanted attention. The post The Copyright Blunder Over Schedule 1 appeared first on Plagiarism Today.
The USPTO has launched a sweeping recalibration of its post-grant proceedings at the PTAB, signaling a decisive pivot back toward discretionary denials of patent challenges. With the rescission of prior procedural guidance, a heightened risk of Fintiv-based denials, the rollout of a new bifurcation process for institution review, and looming staff reductions, Acting Director Coke Morgan Stewart is steering the PTAB away from late-stage patent attacks and toward a system that favors earlier.
Originally posted 2013-04-24 14:31:12. Republished by Blog Post PromoterPutt-putt — miniature golf, right? Yes, but, PUTT-PUTT — registeredtrademark for miniature golf services! Steve Baird explains: So, I learned two things this weekend, Adam Scott is the first Australian to win the Masters, and putt-putt golf is abrandof miniature golf, not agenericdesignationfor a type or category […] The post Putt this in your pipe and smoke it appeared first on LIKELIHOOD OF CONFUSION.
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