The IPKat

DECEMBER 14, 2023

This Africa IP Highlights 2023 is the result of collaboration between myself and several IP practitioners and researchers across Africa: Clarisse Mideva ; Rita Chindah ; and Jessie Mgonga. Interested readers can find the Africa IP Highlights 2022, here. Today, we begin with developments in the copyright field.

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The IP Law Blog

JANUARY 12, 2023

As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. pending or issued registrations) and those that are not. Intellectual property is a company asset, just like inventory.

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The IPKat

FEBRUARY 3, 2023

As the well-known Sanremo Music Festival is approaching with the 2023 edition, the Italian Supreme Court recently issued decision No. 1107/2023 involving RAI - Radiotelevisione Italiana. The Supreme Court recalled the conditions of protectability of an artwork in a case involving a work created using software.

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Erik K Pelton

DECEMBER 20, 2022

And the number of active trademark registrations in the USPTO database is larger than ever. Additionally, since late December 2021, when new procedures went into effect, the USPTO has received around 100 expungement petitions and about 100 re-examination petitions to get rid of registrations for marks that are allegedly not in use.

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JD Supra Law

DECEMBER 20, 2023

While we wait for further guidance on the registrability of the art output by generative artificial intelligence (AI) models, the U.S. 11, 2023, the Copyright Office's Review Board rejected an artist's attempt to register his "2-D artwork" – now the fourth…. By: Holland & Knight LLP

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The IP Law Blog

SEPTEMBER 14, 2023

Allen won first place at the Colorado State Fair (the “Competition”) for the two-dimensional artwork entitled Théâtre D’opéra Spatial (the “Work”), which he produced with the aid of Artificial Intelligence (“AI”). Allen did not agree to the request and continued to request copyright registration of the entire work. Last year, Jason M.

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IP Tech Blog

JANUARY 22, 2024

Copyright Office’s AI Initiative launched in early 2023. Among other things, the Initiative’s portal compiles registration decisions for AI-generated materials. Particularly instructive is a December 11, 2023 decision by the Copyright Review Board affirming the denial of registration to an AI-generated artwork.

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The IPKat

SEPTEMBER 27, 2023

The deadline to respond is 18 October 2023. The USCO underlined again the importance of the “ human authorship ” requirement and stated that applicants must bear the duty to disclose the inclusion of AI-generated content in a work submitted for registration and to provide a brief explanation of the human author’s contribution to the work.

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LexBlog IP

DECEMBER 21, 2023

On December 11, 2023, the Copyright Review Board affirmed the Copyright Office’s decision to reject Ankit Sahni’s application to register the AI-generated work depicted above. In effect, Sanhi was attempting to register the artwork as a derivative of his photograph. 16, 2023) (quoting U.S. The answer is ‘yes.’”)

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SpicyIP

SEPTEMBER 11, 2023

AI and Copyright: More Developments – Human Prompts are Not ‘Direct Instructions’ After the Thaler case, the US Copyright Office passed another interesting order on AI-generated works, this time refusing the registration due to the work’s failure to meet the de-minimis threshold. Shatrughan Kumar AKA Khesari Lal Yadav and Ors.

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SpicyIP

SEPTEMBER 9, 2023

On September 5, 2023, as explained here , the US Copyright Office (USCO) issued an interesting decision in a copyright registration matter that involved AI-generated work. Unlike the Thaler case, artist Jason Allen had applied for copyright registration of an AI-generated work ( Théâtre D’opéra Spatial ) naming himself as the author.

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The IPKat

APRIL 19, 2023

If a new user re-registers a name whose registration is expired, a new token is created. However, and beyond the fact that the registration is expired, any name maintains in the blockchain its own history. McCoy’s registration on the Namecoin blockchain expired In January 2015.

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Intellectual Property Law Blog

OCTOBER 3, 2023

On August 18, 2023, the US District Court for the District of Columbia affirmed the U.S. In 2019, Stephen Thaler submitted a copyright application for his visual artwork, “A Recent Entrance to Paradise,” which stated that an AI computer algorithm, the “Creativity Machine,” created the artistic piece. Perlmutter, et.

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LexBlog IP

JANUARY 22, 2024

Copyright Office’s AI Initiative launched in early 2023. Among other things, the Initiative’s portal compiles registration decisions for AI-generated materials. Particularly instructive is a December 11, 2023 decision by the Copyright Review Board affirming the denial of registration to an AI-generated artwork.

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Patent Trademark Blog

JULY 13, 2023

In addition to patents and trademarks, copyright registrations can be valuable in protecting certain products. Copyright registrations, therefore, may help to protect the 2-dimensional artwork of a design, the 3-dimensional shape of a product or a combination of both. In re Seminole Tribe of Florida , 2023 U.S.P.Q.2d

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LexBlog IP

APRIL 26, 2023

Copyright Office originally granted copyright registration to a comic book titled “Zarya of the Dawn.” copyright office for registration. Kashtanova had previously applied for and obtained an original copyright registration for the Work, Registration # VAu001480196. PatentNext Takeaway: The U.S.

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The IPKat

JANUARY 6, 2024

A while ago, the IPKat reported [ here , here , and here ] on a number of cancellation actions directed at Banks’s EU trade mark (EUTM) registrations representing his artworks.

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Kluwer Copyright Blog

FEBRUARY 2, 2023

AI-generated works have won awards: The Crow , an “AI-made” film won the Jury Award at the Cannes Short Film Festival and the story of an AI artwork winning the Colorado State Fair’s annual art competition was reported in The New York Times. Registration was refused in August 2019, in line with previous US case law and guidance.

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BYU Copyright Blog

APRIL 29, 2024

Copyright Office already requires copyright registrants to disclose if content submitted for registration includes unclaimable AI-generated material. A simple statement of disclaimer must be included in the registration application. Authors must specifically disclaim any AI-generated parts during registration. 349 (1884).

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Kluwer Copyright Blog

NOVEMBER 26, 2023

Copyright registration may be obtained to create a public record of the work and to assist the copyright owner in enforcement of their rights. Copyright registration in the U.S. Aug 18, 2023) , the U.S. Copyright Office have failed to show sufficient human involvement to allow their registration to proceed.

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Kluwer Copyright Blog

OCTOBER 17, 2023

Apart from revolutionizing the creative markets, the ability to obtain new artworks with an increasing marginalization of human contribution has inevitably tested the fitness of copyright legislations all over the world to deal with the so-called “artificial intelligence” (‘AI’). ChatGPT , Smodin ), to perform music (i.e.,

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LexBlog IP

JANUARY 12, 2023

As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. pending or issued registrations) and those that are not. Intellectual property is a company asset, just like inventory.

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IP Intellectual Property Social Media Cease and Desist 52

IP and Legal Filings

MARCH 30, 2024

In addition, concerns have been raised regarding the authenticity and possession of the artwork, the involvement of the artist, and the authorship and ownership of its copyright in relation to the integration of artificial intelligence into the artistic process. Two major obstacles can be recognized in this context.

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LexBlog IP

AUGUST 31, 2023

The primary challenge arising from AI-generated artwork pertains to copyright existence and ownership. Case Summary The plaintiff, Stephen Thaler, used the “Creativity Machine,” a generative AI technology, to generate a piece of artwork. However, in the case of AI, determining authorship becomes complex.

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Artwork Copyright Editing Ownership 52

Kluwer Copyright Blog

SEPTEMBER 6, 2023

This AI system — the so-called “Creativity Machine” — produced the artwork titled “ A Recent Entrance to Paradise ”. Conversely, if the Register denies an application for registration for lack of copyrightable subject matter, then this means that the work at issue was never copyright protectable. H&M Hennes & Mauritz ).

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LexBlog IP

AUGUST 1, 2023

courts are addressing lawsuits brought by artists alleging that AI-generated art infringes on copyrights held by the artists for their artwork. Plaintiffs asserted that the defendants’ conduct resulted in, among other things, copyright infringement of the plaintiffs’ artwork. Several U.S.

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The TTABlog

MAY 10, 2023

90976324 (May 5, 2023) [not precedential] (Opinion by Judge Jonathan Hudis). However, when the evidence is insufficient to show that a proposed mark has been widely used in connection with the goods at issue, it is improper to refuse registration on the ground of failure-to-function. Welch 2023. How do you think this came out?

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The TTABlog

NOVEMBER 27, 2023

90641690 (November 21, 2023) [precedentia] (Opinion by Judge Jonathan Hudis). A threshold question in evaluating the registrability of a trademark or service mark is whether the proposed mark meets the source indication requirement. 1578, 2023 USPQ2d 677, at *5 (2023) (cleaned up). Welch 2023. Jack Daniel’s Props.,

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The IPKat

APRIL 17, 2024

Among these, the Danish case of Artpusher Gallery ApS vs. Coop Danmark A/S in BS-30388/2023-SHR stands out as what the artist known as Love Party / Artpusher might have perceived as a modern tale of David and Goliath. Furthermore, the Artpusher case involved more than the use of a trademark in a single artwork or a series of artworks.

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Trademark Artwork Social Media Trademark Law 74

The IPKat

JULY 23, 2023

Upcoming Conferences The "CITMA Autumn Conference" will take place on 19 October 2023 at the Library of Birmingham, UK. Registration closes on 6 October 2023. The conference is free, but registration is required, which closes on 25 September 2023. More details, here. Spaces are limited, so register soon.

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IP Tech Blog

SEPTEMBER 25, 2023

2023 has been a watershed year for AI with its entry into the broader public consciousness. For those interested, written comments are due by October 18, 2023. AI has been front and center in the legal space as well, as this blog has detailed here and here. Now, the U.S. We will track further developments in this space.

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LexBlog IP

APRIL 23, 2023

Copyright Guidelines for Works Containing AI-Generated Material by Aaron Rice Introduction The United States Copyright Office published comprehensive guidelines addressing the registration process for works containing material generated by Artificial Intelligence (AI). Authorship and Human Contribution A. Identifying AI-Generated Material A.

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SpicyIP

DECEMBER 17, 2023

Ankit Sahni’s AI “Co-authored” Artwork Denied Registration by US, Continues to be Registered in India Can AI (co)author art? vs Controller Of Patents on 8 December, 2023 (Delhi High Court) Emerson’s appeals under Section 117A of the Patents Act, 1970, contest the rejection of patent applications (Nos. M/S Loreal S.A

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SpicyIP

DECEMBER 24, 2023

UK Supreme Court Confirms No Patent for “AI-invented” Inventions Image from here On December 20, the UK Supreme Court affirmed its previous decision to deny registration to inventions by Dr. Stephen Thaler’s AI DABUS, holding that an AI software cannot be listed as an inventor. SpicyIP intern Vedika discusses this development.

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LexBlog IP

SEPTEMBER 14, 2023

Allen won first place at the Colorado State Fair (the “Competition”) for the two-dimensional artwork entitled Théâtre D’opéra Spatial (the “Work”), which he produced with the aid of Artificial Intelligence (“AI”). Last year, Jason M.

Art 52

Art Copyright Registration Fair Use 52

Patently-O

APRIL 18, 2024

Copyright Office refused registration on the basis that the work lacked the required human authorship. Using this system, he autonomously generated a 2-D artwork titled “A Recent Entrance to Paradise.” ” In August 2023, the district court granted summary judgment in favor of the Copyright Office. .”

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IIPRD

OCTOBER 7, 2024

Copyright also protects the original work of the inventors, such as the software code, literary work, music, and artwork. Protection without Registration : Different from patent and trademark, trade secrets don’t require to be registered, allowing startups to protect valuable information without disclosing it openly. References.

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